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To: goldsheet who wrote (65098)	3/8/2001 1:45:27 PM
From: long-gone	Respond to of 116752

Deeply OT, but there is mining in NV so????? But this is GOOD NEWS: Elko Daily Free Press Federal lawsuit to be dropped: Jarbidge Shovel Brigade claims victory in dispute By GARY BÉGIN March 06, 2001 The United States has agreed to dismiss its suit against Demar Dahl and the Jarbidge Shovel Brigade, according to a communiqué issued today by all parties involved in the dispute. "The road [South Canyon Road] is open and the county has its RS2477 Right of Way. Those were the two purposes for which the Shovel Brigade was formed. We claim victory," said Jarbidge Shovel Brigade leaders Demar Dahl and Elwood Mose today. Dahl, president of the grassroots citizens group, was named individually in a suit brought against him and the Brigade by the U.S. Forest Service that was mediated yesterday in Reno. Mose, vice president of the group, Dahl and hundreds of people from all over the country, gathered in Jarbidge on the Fourth of July to unblock the road that had been blocked by the Forest Service with a huge boulder. The boulder was manually pulled away from the center of the road using ropes and a small portion of the road was rebuilt by hand that same day utilizing shovels. Soon thereafter, the Forest Service surveyed the area and determined it would ask the U.S. Justice Department to file suit against Dahl and company for conducting an event without a permit involving more than 75 persons and for "earth disturbing activities" and trespass. Dahl and the Brigade agree in the settlement that state and county laws apply to any work they wish to do on county roads and county authorization must be had prior to any work being done. Both parties agree the settlement is not to be construed as an admission of liability or wrongdoing by either party "nor shall the terms hereof have any value as legal precedent in any other case." Dahl and the Brigade also agree not to perform any work on the South Canyon Road without obtaining permission to do so from the county, with a copy of that permission "delivered to the Forest Service prior to starting work." The six-paragraph announcement ends with a disclaimer. "This agreement is contingent upon the execution of the agreement between the United States and Elko County. If that agreement is not executed, this agreement is void." The deal also makes it clear to whom fealty must be paid regarding the sovereignty of federally-owned lands. "Nothing in this agreement shall be construed to limit the United States' authority to manage federally owned land or natural resources in accordance with federal laws." Dahl said today, "I was not going to let these negotiations be conducted in secret. I wanted to give everyone who sent a shovel for the road opening an opportunity to see what we are considering." Both sides agreed to embargo the public releasing of the results of the settlement until noon today, after which the Brigade issued its victory statement. Forest Service spokesman Erin O'Connor said today both sides would meet again April 2. That meeting is to finalize the wording of the agreement, which was issued in draft form today. Testifying for the Brigade at the mediation was Mike Lattin, head of the Brigade's Citizens' Road Committee. Representing the Brigade besides Dahl and Mose were Elko attorney Grant Gerber, Jim Muth and Bob St. Louis. Elko County District Attorney Gary Woodbury represented the county's side in the case which it joined to "protect its RS2477 interest." U.S. Attorney Blaine Welsh spoke for the U.S., Bob Vaught, head of the Humboldt-Toiyabe National Forest spoke for the Forest Service and attorney Ken Paur represented the U.S. Environmental Protection Agency. The proceedings were presided over by federal Magistrate Judge Robert McQuaid. Each side will bear its own legal expenses, according to the deal. ©Elko Daily Free Press 2001 zwire.com