MACDONALD PASS — Walking among a grove of mature aspen trees on Tuesday, Mike Garrity handed out copies of a lawsuit filed in federal court this week in an attempt to halt the construction of a biathlon course here by the Montana Army National Guard.

Next to Garrity, who is the executive director of the Alliance for the Wild Rockies, was author Jim Posewitz, representing the Helena Hunters and Anglers organization.

As they moved from the aspens into a towering forest dominated by lodgepole pines, the men agree that they’re an unusual pairing.

The Alliance is no stranger to the legal world, filing lawsuits fairly regularly to halt activities its members feel endanger wildlife and habitat.

But Posewitz ruefully noted that to his knowledge, this is the first time a Helena sportsmen’s organization has found it necessary to bring legal action against the U.S. Forest Service to protect wildlife habitat.

“Since 2005, we have been commenting on this proposal. We identified issues they weren’t planning on considering, like the lack of snow,” Posewitz said, looking at the brown ground below his feet, noting that it’s midway through November. “They didn’t look at cumulative impacts, and then there is the executive order from the president, to preserve hunting and hunting characteristics.

“The Forest Service never departed from the pre-conceived notion that this had to have their approval. So after a great deal of hesitancy, we decided to look into litigation to protect the wildlife habitat.”

In 2003, the Guard first proposed the course on 31 acres on the northwest side of MacDonald Pass.

Helena National Forest Supervisor Kevin Riordan issued a decision in June approving 10 miles of trails, 4,700 square feet of buildings, and only four months of use — which includes one event in July, plus numerous competitions and training in December, January and February.

This week’s lawsuit came on the heels of an announcement last week that the Montana Army National Guard and the Helena National Forest will survey the site and mark the access road, trails and facilities site, readying the property for a timber sale to clear the land for the course.

The logging could begin this winter, even though a funding source for the course hasn’t been identified. Initial estimates put the cost at $1.5 million.

“They’re talking about removing 32 acres of trees,” notes Gayle Joslin, a retired Montana Fish, Wildlife and Parks biologist who is married to Posewitz. She stops among an aspen grove, adding that this will be clear cut for a 50-car parking lot. Further on, she points out tree after tree where bark has been scraped off by elk scratching their antlers. Grizzly bears move through the area, as do black bears, wolves, lynx, wolverines, deer and other species.

“There’s an incredible value in this place, between Montana’s Continental Divide and the Yellowstone ecosystem,” Joslin said.” This is the spine of their habitat, great country that’s been used for years by wildlife. We want this to exist for thousands and thousands of years beyond us.”

In approving the spot for the course, the Forest Service noted it’s near a major highway, a cross-country ski trail already exists in the area and adding to it won’t have a significant impact on wildlife.

Maj. Tim Crowe, chief information officer for the Montana Army National Guard, said Tuesday the Guard is taking the necessary steps to find out what the costs will be before looking for funding. He expects the course to be completed in the near future, but isn’t sure about a time frame.

Last week, a Guard-hired survey team flagged the anticipated biathlon route, which includes 10 new miles of trails that will connect with an existing cross-country ski track.

The surveyors also denoted the location of five new buildings totaling 4,700 square feet, and the parking lot.

“We need to get the design completed so the U.S. Forest Service can do their part of what needs to be done for the potential timber sale or timber mitigation for the project,” Crowe said, adding that the design work should be done in 30 to 60 days. “Before we can make an educated guess on the time line (to construct the course), the funding would have to be in place.”

The Guard also plans on using construction of the course as part of its training program for engineers and heavy equipment operators. Once the costs of doing that work internally are better known, the Guard can seek the necessary remaining funding.

“We wouldn’t go down this road if we didn’t think it had a very reasonable possibility of success,” Crowe said.

The biathlon course is within the Helena National Forest boundary, and Riordan issued a 25-year permit in June 2008 to the Guard for the course.

Biathletes are cross-country skiers who race, while occasionally stopping and shooting at targets. The Guard trains biathletes to compete in the Olympics.

The project is supported by some members of the Helena community, who note that the Guard has promised to enhance the existing course used by hundreds of people during the winter, as well as allow the public to use the biathlon course when competitions and training aren’t taking place.

Helena forest officials met with two logging company representatives recently at the site, said Duane Harp, Helena district ranger. The trees need to be removed before the Guard can start constructing the course.

But since the construction could begin by using internal Guard personnel as part of a training exercise, Posewitz, Joslin and Garrity fear that — without an identified funding source — the land could be cleared of trees and earth moved with heavy equipment, but the course never constructed.

Neither Harp nor Crowe expect that will happen.

“My conversations with the Guard have always been that they’re committed to the biathlon and will carry forward with it,” Harp said.

Still, that possibility, along with environmental and wildlife habitat concerns, led to the lawsuit filed Monday by Garrity and Posewitz’ groups in U.S. District Court in Missoula. Other plaintiffs include the Native Ecosystems Council and American Wildlands.

Those who filed the lawsuit say the course is within a narrow, 1-1/2 mile strip of public lands, bordered on either side by private property.

The biathlon course would impact wildlife traveling through this “corridor” between Yellowstone and northern wilderness areas, they say, including animals on list covered by the Endangered Species Act.

They claim the U.S. Forest Service violated national environmental laws in approving the biathlon project, and they are asking a federal court judge to issue an injunction setting aside the decision that authorized the course. They also want an injunction prohibiting work relating to the construction of the biathlon project, including the proposed timber harvest.

The lawsuit names both the U.S. Forest Service and the U.S. Department of Agriculture as defendants.

Reporter Eve Byron: 447-4076 or eve.byron@helenair.com