8—Cold Mountain Cold Rivers Complaint

15.

On November 15, 1998, as part of CMCR and TECI’s

public comments on the U.S. Forest Service’s Categorical

Exclusion of the Gallatin National Forest Plan for issuing

the MDOL a Special Use Permit to install and operate a

bison capture facility and conduct bison hazing activities,

the organizations submitted video tape of MDOL bison hazing

operations in the Horse Butte Area. The videotape

documented MDOL helicopter violations of the Eagle Closure

Area that the Gallatin National Forest established by

Special Order No. 94-11-07-01 for the protection of bald

eagles on the Gallatin National Forest.

16.

On December 14, 1998, the Gallatin National

Forest issued an Environmental Analysis (EA) for the Horse

Butte Bison Capture Facility. See12/14/98 EA and Appendix

A (Biological Assessment) and Appendix B, Biological

Evaluation.

17.

On March 15, 1999, Plaintiffs The Ecology Center,

Inc. and Cold Mountain, Cold Rivers, Inc. appealed the EA

decision to the Region One Forester. The Appeal was denied

on April 28, 1999.

18.

In discussing alternatives considered for bison

management, the EA states under section “C” Features Common

to All Alternatives and Mitigation,” that: