9—Cold Mountain Cold Rivers Complaint

In conjunction with the location of the capture
facility, and the Interim Bison Management Procedures,
the DOL and the Forest Service have agreed to a set of
requirements designed to reduce the adverse effects of
hazing on bald eagles and other resources. Among other
provisions, the requirements prohibit the use of
helicopters for hazing. The requirements are contained
in Appendix IV of the Biological Assessment.

See EAat pp. 13-14 (emphasis added).

19.

Appended to the EA as Appendix A is the Biological

Assessment (BA) wherein the USFS’s assessment of the effects of

the bison capture facility and associated hazing activities on

wildlife, including bald eagles, is set forth. The BA defines

the Horse Butte Area as:

The area managed for cumulative effects of the
proposed capture facility. . . contained within the
boundary North of the Madison Arm of Hebgen Lake and
Cougar Creek, and west of YNP [Yellowstone National
Park]. This area contains approximately 15 square
miles of private and public lands. The area is
generally described as the Horse Butte/Flats area.”

See Ex. 4, Appendix A, Biological Assessment, p. 21.

20.

Also appended to the EA as Appendix B is the USFS’s

Biological Evaluation (BE) for the Horse Butte Bison Capture

Facility—Site A2. The purpose of the BE is to analyze effects on

sensitive plants and wildlife. Forest Service Manual No. 2670.32

provides that part of the NEPA decision-making process is to

review and determine how proposed Forest Service programs or

activities on forest lands will affect any sensitive species.

According to the BE, trumpeter swans, black-backed woodpecker,