HELENA (AP) - A judge has ordered state and federal government officials to show up in court later this month to discuss their stalemate over developing a mutual plan for managing diseased Yellowstone National Park bison. U.S. District Judge Charles C. Lovell of Helena on Wednesday said he will oversee one more attempt by the two sides to resolve their differences over what the management plan should look like. He scheduled the hearing for Jan. 28. (NOTE: CHANGED TO FEB 4TH)

He also agreed to rule on the state's request for a court order preventing the U.S. Departments of Interior and Agriculture from proceeding with development of the plan without the state's involvement. "Because the Yellowstone National Park bison freely roam from time to time across the jurisdictions of both parties, any lasting solution to the management of this herd seemingly requires the participation of both parties," Lovell wrote.

His order comes about a week after the state asked Lovell to block the federal government from pulling out of negotiations with Montana over a long-range blueprint for handling bison when they leave the park in search of winte

r forage. Work on the plan has been under way for four years and that effort should not be wasted by the federal agencies continuing on their own, the state argued.

The federal government asked Lovell on Dec. 13 for permission to abandon the cooperative effort, saying it was fed up with the state's steadfast opposition to allowing bison to remain outside the park. Many of the animals are believed to carry brucellosis, which can cause cows to abort.

The livestock industry fears the disease could be transmitted to their cattle and that would require expensive testing before beef could be shipped out of state. Shooting became the primary method of controlling the migrating bison, a practice that caused a national outcry after 1,100 were killed in the winter of 1996-97. Hazing has been used more in the past two mild winters. The state, frustrated with what it perceived as a reluctance to help resolve the bison problem, sued the federal government in 1995. As part of a settlement of the suit, both governments agreed to work together on a long-term management plan.

Lovell called it disappointing that the two governments have apparently reached an impasse and federal officials want to proceed on its own. "Where so much progress has been made and a goal is almost in sight, I do not believe that the United States should take this unilateral action without the court first hearing and resolving Montana's objections and motions," Lovell said.

He ordered a Jan. 28 hearing and told the state and federal governments to have officials there with the power to make binding agreements. Most likely, that would be Gov. Marc Racicot and Yellowstone Superintendent Michael Finley, he said. In addition to considering the state's request to block federal withdrawal from the planning process, Lovell said he will supervise a closed-door meeting for both sides "to make one final effort to resolve these differences."

Both governments must submit to him by Jan. 21 confidential letters describing the issues over which they disagree and suggestions for reaching a settlement, he said.

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