Residents, Ute tribe team against wetlands plan
"The feds are hiding behind the tribe because you can't sue the tribe in a federal or state court," said former business committee member Stewart Pike during a Thursday night mass meeting at the Myton Community Center. "But the superintendent has the power to overturn decisions of the (Tribal) Business Committee when they affect nontribal members. We need to look into the provisions and see if he has authority of review here, because he's a federal official, and we can sue him, whether we're Indians or not."
Last month the Tribal Business Committee declared its support for the Lower Duchesne River Wetlands Project, a plan suggested to the tribe by the Department of the Interior through its sub-agency, the Utah Conservation, Reclamation and Mitigation Commission.
Pike pointed out that the Bureau of Indian Affairs appoints a superintendent, often not an American Indian, to oversee each reservation in the U.S. Superintendents are among an extremely narrow number of federal officials who can intervene directly in tribal affairs, for instance to prevent abuses of tribal government that may violate a tribe's constitution. As a way of balancing tribal governments' sovereign power with the sovereign interests of the U.S., a superintendent has limited veto power over some decisions, Pike said.
Because the project would increase mosquito habitat and raise groundwater levels, Pike said it is a health hazard to American Indians and non-Indians alike, and therefore everyone in the 20-mile mosquito migration area could sue the superintendent for not stopping it from being built.
The wetlands plan, worked out with difficulty over the past 13 years, was vigorously opposed when first presented to the public in 2003. Since then the project has been scaled back, but the main features are unchanged. On May 22 the mitigation commission will meet in the Wallace F. Bennett Federal Building to hold a public hearing and then issue a record of decision.
After the plan of action described in an environmental impact statement is officially adopted by the commission, there will be 30 days to challenge the EIS in federal court, according to Craig Smith, an attorney hired by Myton to help stop the project. Smith spoke at the Thursday strategy-planning meeting, along with directors of the Tri-County Department of Health and the Duchesne Mosquito Abatement District.
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