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Wednesday, May 3, 2006


Page One News at a Glance


Proposed Forest Plans released

Middle East Fork decision headed to court

Stevi Main Street Assn. gets town funding

Bitterroot Resort submits request for ski areas

Victor adopts four day school week




Proposed Forest Plans released

By Michael Howell

The Bitterroot, Flathead and Lolo National Forests have released their respective Proposed Land Use Management Plans. Each plan proposes general guidance for on-the-ground projects and activities on each forest. Public comment is encouraged and requested by the end of July. Several public meetings and open houses are scheduled on each forest to share information about the proposed plans. The open houses scheduled on the Bitterroot National Forest Plan will take place at the Bitterroot River Inn, in Hamilton, from 4 to 8 p.m. on May 8, 18, and 31.

The three forests have been working together as the Western Montana Planning Zone since 2003. The forests share key issues, resources, customers and interested public. The existing Flathead and Lolo Forest Plans were approved in 1986 and the Bitterroot Forest Plan was approved in 1987.

Bitterroot Forest Supervisor Dave Bull said, "Law requires that forest plans be revised about every 15 years." According to Bull, the revisions are timely, and it's an opportunity to address new and different information.

The process for forest plan revision changed with new federal regulations in 2005. Flathead National Forest Supervisor Cathy Barbouletos said, "With new regulations, the new plans will be shorter and less prescriptive than the existing plans." The plans will focus on strategic direction for the future. No on-the-ground project-level decisions will be determined through these forest plans.

According to Bull, these are the first forest plans to come out under the new regulations. He said that though the new plan does not include any specific project proposals, it does contain some specifics in terms of direction and goals to achieve desirable conditions stipulated in the plan. He said, for example, that in terms of vegetative management the plan may require x number of aspen trees be left in an area, or x amount of grassland be maintained for grazing in another area. He said that the Bitterroot Forest Plan had identified certain directions for management at Lake Como, for instance, such as the need for additional facilities as well as possibly limiting the number of visitors in certain areas.

One difference in the proposed plan from the current plan, in effect since 1987, is in the area of recommended acreage for wilderness. According to Bull, the present plan included a recommendation to Congress to establish about 76,000 acres of wilderness on the forest. Congress never acted on that recommendation. The proposed plan, following more study and more public input, adds an additional 35,000 to that recommendation for a total of 101,000 acres of wilderness.

Bull said that the Bitterroot Forest Plan also takes a look at timber production on the forest. He said that in the past an Allowable Sale Quantity (ASQ) was determined as the maximum amount of timber to be sold annually on the forest. The ASQ approached about 33 mbf in 1982, according to Bull, but it was a figure that was never achieved. He said that use of the ASQ has been discontinued, but that the newly proposed forest plan uses a similar calculation but one that recognizes a "budget element." It is called the Timber Sale Program Quantity (TSPQ). He said that the TSPQ on the Bitterroot National Forest was determined to be from 70 to 80 million board feet per decade, or an average of 7 to 9 mbf annually. He said that in the last 10 to 15 years timber production on the forest has averaged from 8 to 12 mbf annually, but that was with at least one very large swing from zero production in 2000, the Year of the Fires, to 18 mbf the following year. He said that this calculation is done so the timber companies know what to expect from the forest.

Bull said that another significant aspect of the proposed Bitterroot Forest Plan was the extension of Wildland Fire Use for Resource Benefit from applying only to about 5,000 to 6,000 acres of wilderness under the current plan, to applying to the entire 1.6 million acres of forest land under the new plan. He said that the same criteria would be applied as is currently applied in the wilderness, considerations of weather, topography, and no proximity to structures.

"This is a serious matter," said Bull, "and we will not be cavalier about that decision."

Anyone interested in more information about the proposed plan may call 406-329-3802 or visit www.fs.fed.us/r1/wmpz. A CD of the plan is being mailed to everyone on the Western Montana Planning Zone mailing list. Anyone wishing to be added to the mailing list should contact the Bitterroot National Forest.

Written comments on the proposed plan should be submitted to: Proposed Land Management Plan, Bitterroot National Forest, 1801 N. First Street, Hamilton MT 59840, or e-mail to wmpz@fs.fed.us.

Bull said that a Final Plan was hopefully going to be ready for public inspection in this fall. He said that the public would have 30 days from publication of the Final Plan (expected next winter) to file an objection. But no objection could be filed by anyone who had not previously commented upon the proposal.

Bull said that besides the three planned public meetings, each on a different night of the week during the month of May, he and his staff were also prepared to address individual groups in the valley that may have an interest in discussing the proposed plan anytime during the 90-day public comment period.

"We are looking for input," said Bull.



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Middle East Fork decision headed to court

By Michael Howell

Three environmental groups filed suit last Wednesday in Federal District Court challenging Bitterroot National Forest Supervisor Dave Bull's decision approving the Middle East Fork Hazardous Fuels Reduction project. The project is the first hazardous fuels reduction project in the state to be approved under the Bush administration's Healthy Forest Restoration Act (HFRA).

The lawsuit, filed by Friends of the Bitterroot, the Ecology Center, and the Native Forest Network, challenges the agency's decision on procedural as well as substantive grounds. The groups complain that the public was thwarted from participating in the process in various ways and that environmental laws, including NEPA, NIFMA, and the Clean Water Act, have been violated as well.

"We have spent the past month carefully going over the Bitterroot National Forest's decision for the Middle East Fork logging project. We believe that Bitterroot Supervisor Bull's decision violates the laws governing the management of our national forests. Bull and the Forest Service should certainly be held accountable and, to that end, we have filed this lawsuit in federal district court," said Matthew Koehler, executive director of the Native Forest Network.

Koehler said that his organization worked hard with the Forest Service to implement an effective community fuel reduction project in the Middle East Fork. An alternative devised by a coalition of environmental groups and the public, he points out, would have reduced fuels on 1,600 acres and pumped $1 million into the local economy, providing 45 local jobs. That alternative was favored by 98 percent of the 13,000 public comments submitted about the proposal. Instead, Koehler complains, Bull's decision added nearly 3,000 acres of industrial logging in some of the best remaining pockets of unlogged, mature forests up the East Fork.

"Our primary concern and goal is to protect the soil, watersheds, fish and wildlife, especially old growth wildlife habitat," said FOB president Jim Miller. "Excessive damage to these resources would harm the public good, and would cut short future forest productivity and timber harvest. We believe that the goal of effective community fire protection can be accomplished without undue, illegal harm to public resources, and we offered a plan that would do that."

The groups claim that the East Fork area is still recovering from historic Forest Service mismanagement including clearcutting, terracing, and excessive road building. They claim that 33 percent of the entire analysis area has already been logged and averages 5.2 miles of road per square mile, not including jammer roads. These roads, they claim, contribute 151.2 tons of sediment per year to streams within the project area. The East Fork of the Bitterroot, running through the middle of the project area, is officially classified as an impaired stream because its excessive sediment load has compromised its ecological integrity. Several watersheds already exceed established thresholds for clearcutting, which threatens stream channel stability with increased runoff.

The groups also claim that all planned logging units are in subwatersheds that already exceed legal limits for losses of soil productivity, threatening forest health since a healthy forest is not possible without productive soils. Recent court rulings, they point out, raise serious doubts about the legality of further disturbance of these already damaged landscapes.

"The attempt by Supervisor Bull to cover up public knowledge of excessive soil damage in the project area by altering the best available scientific data and by purging project file documents related to soils is a blatant attempt to whitewash this damaging proposal and cannot go unchallenged," said FOB member Larry Campbell.

"It's unfortunate that Supervisor Bull is holding legitimate, effective community wildfire protection work in the East Fork area hostage to industrial scale logging in the backcountry, which would only exacerbate fire problems," said Campbell. "The community protection work could have been underway by now had it not been packaged with excessive logging on land that is already over legal limits for environmental damage."

The conservation groups point out that legitimate public process may be a secondary concern to some people, but in this case it is extremely important.

"This is the first HFRA timber sale in Montana," said Miller. "The precedent set by this project will color all future collaborative efforts."

The groups claim that the public process was flawed in a number of ways. First, they claim, the decision was predetermined, as is evidenced by the Forest Service spending $210,000 to mark trees for cutting five months before any official decision was made. They also point to the fact that Bull used armed guards to bar members of the public from attending a Forest Service press conference at the supervisor's office as further evidence of bad faith in providing for public involvement.

Public Affairs Officer Nan Christianson told the Bitterroot Star that the Forest Service could not comment upon pending litigation. She said that it was not uncommon for large scale projects on the forest to draw lawsuits, although she could not provide any specific numbers.

Christianson did say, however, "We know how disheartening this is for the community. It is disheartening for the loggers and local retailers who are trying to make a living. It is disheartening for our employees. We are proud of the collaborative process involved, we are proud of the Community Fire Plan, and we are proud of the decision Dave Bull made."

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Stevi Main Street Assn. gets town funding

By Michael Howell

With little discussion, Stevensville Mayor Bill Meisner agreed to sign a $5,000 contract on behalf of the Town with the Stevensville Main Street Association. Agreed to, in principle, last September, it took over six months to hammer out details of the contract to everyone¹s satisfaction.

The Town, after initially agreeing to provide the funds, had second thoughts about the legality of a contract with the association at all. Then followed a series of disagreements over the contract language. The Main Street Association finally hired attorney Ron Bissell who succeeded in hammering out a solution with Town Attorney Art Graham.

The contract outlines various services related to economic development in the town that will be performed by the association. The efforts are aimed at improving conditions in the town for all its citizens by increasing the town's tax base through encouraging economic development.

Without any discussion the Town Council also unanimously approved, upon recommendation by the Community Development Block Grant (CDBG) committee, the granting of an additional $5,000 to the Main Street Association out of the Town's CDBG funds. Those funds had also been previously approved by the Council, but a question was raised about the legality of that vote due to the fact that two of the voting council members were also voting members of the Main Street Association Board of Directors. (Subsequently, the Stevensville Main Street amended its by-laws so that Council members serving on the Main Street board are non-voting members.) The unanimous vote at the most recent meeting resolves those concerns.

In other business, Jeff Motley told the Council that the Stevensville Quick Response Unit (QRU) recommended that the Town accept the offer from Marcus Daly Memorial Hospital to provide ambulance service to the Town once the temporary contract held with Missoula Emergency Services Inc. (MESI) expires at the end of the month.

Following severe cutbacks in the ambulance service to the north valley by the county's previous service provider, Bitterroot Valley Emergency Medical Services (BVEMS), the Town of Stevensville accepted a temporary contract with MESI, out of Missoula. That contract, which was recently extended, is set to expire on May 31.

In the meantime, Marcus Daly Memorial Hospital purchased the ambulance service from BVEMS, committed itself to a valley-wide service and made an offer of services to the Town of Stevensville. Stevensville QRU, according to Motley, is now recommending that the Town take the Hamilton hospital up on its offer, with a few conditions.

Those conditions include providing a service at the required level, 12-hour shifts, including a staffed night shift. It also would require a second ambulance to be maintained in Stevensville by the hospital and that all individuals on the ambulance crews be employees of Marcus Daly Hospital.

Motley told the Council that the hospital has expressed general agreement in the past with the conditions that are being proposed, but that they had not signed off on anything yet.

After some discussion about the possible need to get a signed inter-local agreement between the Town and Rural QRUs before any contract could be signed with the hospital, it was agreed that Motley should enter into negotiations on behalf of the Town with Marcus Daly Hospital officials and hammer out the language of a contract agreeable to both parties.

In response to a request from Stevensville Elementary School Principal Jackie Mavencamp, the Council decided unanimously to provide free passes to the Town's swimming pool to be distributed to students at the school's annual awards ceremony. The ceremony is scheduled for June 6, at 2:15 p.m. at the school gym.

After determining that Town water and sewer lines were in the vicinity and available for connection, the Council approved a two-lot subdivision separation requested by Charles Krimmert for his property located at Park and 3rd Street.

The Mayor also declared May to be Foster Care Month in Stevensville.

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Bitterroot Resort submits request for ski areas

By Michael Howell

The Bitterroot National Forest announced on April 19 that it had received a request for proposed use from the Bitterroot Resort for a Nordic (cross country) and downhill (Alpine) ski area. A previous Alpine proposal had been submitted with a ski area on both the Bitterroot and Lolo National Forests. That request was denied because it did not meet Forest Plan Standards for land use in the area.

The proposed ski areas would complement the four season resort development, called the Bitterroot Resort, planned on the adjacent ranch land owned by Tom Maclay. That development includes proposed residential and commercial buildings, a golf course, convention center, ice skating rink, swimming pools and more.

The current proposal for a special use permit on the neighboring national forest land, according to Stevensville District Ranger Dan Ritter, includes a Nordic proposal on both Bitterroot and Lolo National Forest land, and an Alpine proposal only on the Bitterroot National Forest. He said that the Nordic ski area would involve some road clearing and the seasonal use of removable yurts. Development of the Alpine area would involve runs, corridors and lifts. Ritter said that the most significant difference between this and the previous Alpine proposal is that it steers clear of the Research Natural Area and includes no land on the Lolo Forest.

Ritter said that the Forest Service has 60 days to respond to such requests, starting from the date at which they receive enough complete information about the proposal to make an initial determination. The first level of criteria that is used in the screening process includes making a determination as to whether the proposal is consistent with laws and regulations governing the process and consistent with the existing Forest Plans and other things such as determining that it does not conflict or interfere with administrative uses of the Forest Service.

If the proposal passes this initial screening, a second more demanding level of criteria must then be considered. A competitive interest determination must be completed. The proposed use must also be consistent and compatible with the purposes for which the lands are managed and with other uses. In addition, the proposed use must be in the public interest. The proponent must explain the selection of the location of the proposed use and, in particular, why use of National Forest System lands is necessary and why lands under other ownership cannot be used.

The proponent must also demonstrate the financial and technical capability to undertake the proposed use and to comply fully with the terms and conditions of the special use authorization. The proponent must also demonstrate the technical and economic feasibility of the proposed use.

If it passes the screening process, it then reaches the official application stage and a full National Environmental Policy Act (NEPA) analysis is conducted to determine the potential environmental impacts of the proposal.

Maclay is currently involved in a lawsuit with the Bitterroot National Forest over alleged illegal use of Forest Service roads above his ranch in the same area as the proposed ski areas. He has also been accused of illegally opening closed roads in the area and illegally logging along the roadside to make room for a snow grooming machine.

Maclay has countered that his family has historical rights to the use of the roads in the area that predate the forming of the National Forest.

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Victor adopts four day school week

By Jean Schurman

Imagine, a three-day weekend every week. That's what the students at Victor Public Schools will be experiencing next year. On April 17, the Victor School Board made history by voting to approve a four-day school week. Principal Danny Johnson said he thought Victor was the first school in Montana to adopt the four-day week.

A change in Montana law by the legislature allowed the school to go through with the change. Before the 2005 Legislative session, schools had to operate a set number of days. Now that number is the number of hours in school, not days.

School will be in session Monday through Thursday from 8 a.m. to 4:15 p.m. In high school, the class periods will be extended from 52 minutes to 66 minutes long. This will allow for more hands-on type classroom activities.

The board initially looked at this as a way to save money but in their investigations they found that even though dollars were saved, the fact that attendance rose in almost all schools was the real benefit. This increase in attendance has also resulted in an increase in test scores. Challis, Idaho has had a four-day week for three years and school administrators there were pleasantly surprised when student absences decreased.

With the adoption of the four-day week, the board immediately saved almost $11,000 in transportation costs. With buses running one less day, that savings was passed on to the district and the taxpayers when the district signed the bus contract with Majestic Travel out of Florence. Saving on energy costs, staff wages and even savings on substitute teachers may help to decrease costs.

Almost all athletic competitions will be held on Fridays and Saturdays which will result in the athletes being in class more. According to the girls and boys basketball coach, Brett Morehouse, only a couple of games are not scheduled for a Friday or Saturday next year. In-service days for teachers will be held on Fridays instead of having early out which will also keep the students in class longer.

There are concerns about what working parents will do with their children on Fridays. One possible solution may come from within the school itself. Johnson said the Family Consumer Sciences class may offer a babysitting class. Students who complete this certified class will then be available for child care on Fridays.

"This is a new adventure," said Johnson. "The work begins now."

With the success of the Victor Schools Foundation "Million Dollar Challenge" and the prospect of a new arts and science complex, the board decided to work towards upgrading other parts of the school. A $3.7 million bond will be voted on this fall by the district. This will be used to make improvements to the aging building and complete the arts and science complex. Improvements will be made to the library, bringing it into the 21st century; upgrading safety issues in the school and improving the gymnasium. More information will be available in the next few weeks regarding this issue.

"It's exciting to have a progressive school board," said Johnson.

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