Endnotes 



80. Montana Department of Fish, Wildlife and Parks, "Rock Creek Fisheries Management Plan," September 

 1989-September, 1994. 



81. Montana Department of Fish, Wildlife and Parks memo from Don Peters and Dennis Workman to Jim 

 Posewitz, March 5, 1987. The memo says the "excesses" of past timber management programs are like- 

 ly to aggravate future problems in marginal areas. 



82. The three federal agencies who gave the go-ahead were the Forest Service, the Bureau of Land Manage- 

 ment and the Bonneville Power Administration. For a legal history of the controversy see "Report of 

 the Rock Creek Advisory Council to the Board of Natural Resources and Conservation," March, 1991, 

 and the Administrative Appeals Time-Table, 1983, compiled by the Rock Creek Advisory Council. Much 

 of the information in the above two reports is available in the files of Missoula attorney Karl Englund. 

 The files are marked "TU BPA— settlement" and "TU/BPA— Admin, appeal of 5/23/83 ROD." See also 

 the Memorandum of Agreement by and between the West Slope Chapter of Trout Unlimited, the Mon- 

 tana Wildlife Federation, the National Wildlife Federation (appellants) and the Montana Department of 

 Natural Resources (state appellant) and the Bonneville Power Administration, Montana Power Company 

 Puget Sound Power and Light Company, Portland General Electric and Pacific Power and Light Com- 

 pany (interveners), August 18, 1983- 



83. The appeal was filed on July 6, 1983. 



84. The Forest Service Environmental Impact Statement (EIS) regarding a right-of-way for the transmission 

 lines was filed with the Environmental Protection Agency on March 15, 1983- The roadless areas at 

 issue were listed as eligible for wilderness designation under RARE 11. The 9th Circuit Court of Appeals, 

 in California v. Block, had set standards requiring a site-specific EIS for each RARE II land altered. 



85. In the appeal, filed on July 7, 1983, the Department of Natural Resources and Conservation alleged 

 the crossings of Rock Creek and Miller Creek were not in compliance with the Major Facilities Siting 

 Act. The Department favored laying the lines underground, especially at creek crossings. The state's 

 position was first expressed in a May 6, 1983 request from the Board of Natural Resources and Conser- 

 vation for further studies of the power line crossings. 



86. Memorandum of Agreement, August 18, 1983. Seeking to avoid delays, the power companies had on 

 July 11, 1983, asked to intervene. The Forest Service granted that request at the same time as the stay 

 of construction. 



87 Rock Creek Trust Fund Agreement by and between the West Slope Chapter of Trout Unlimited, the 

 Montana Wildlife Federation, the National Wildlife Federation, the Montana Department of Natural 

 Resources and Conservation, the Board of Natural Resources and Conservation and the Montana Depart- 

 ment of Fish, Wildlife and Parks, January 9, 1986. Representation was deliberately allocated so that the 

 citizens' groups which brought the appeal— as opposed to property owners and the state— would re- 

 main in the majority; hence the two representatives from Trout Unlimited and one each from the state 

 and national branches of the Wildlife Federation. Under the agreement, the Council is authorized to 

 spend as much as a third of the trust in any given year, but the Council has since adopted a policy 

 of managing the trust in perpetuity. 



88. 1987 Annual Report of the Rock Creek Advisory Council. 



89. Lolo Forest memo, Dave Stack, January 17, 1989- Stack confirms John McCabe's interpretation of multi- 

 ple use, saying, in the case of Rock Creek, that "certain commodity management activities are not con- 

 sistent with the other values present." 



