The state of Montana has halted bison grazing on two state grazing allotments that were approved for use by American Prairie.
In an Oct. 27 letter obtained by the Western Ag Network, the state of Montana wrote to American Prairie that the group may not graze bison or proceed with construction, modification or electrification of fences on the Bureau of Land Management’s (BLM) Flat Creek Allotment and the Whiterock Allotment in Phillips County.
The Flat Creek Allotment is made up of about 13,000 acres, and the Whiterock Allotment is made up of about 16,700 acres.
The state said American Prairie must submit a stocking plan for the BLM allotments by Nov. 17 while an appeal process is underway and detail how bison grazing will be prevented on the two allotments.
“On July 28, 2022, BLM issued its Notice of Final Decision authorizing (American Prairie) to graze bison on the Flat Creek, Whiterock, French Coulee, and Garey Coulee allotments,” according to the letter. “Numerous individuals and entities—including (the Department of Natural Resources and Conservation, DNRC) and other Montana State agencies—challenged the adequacy of the BLM Environmental Assessment and final grazing decision. These challenges rendered the validity of BLM’s decision uncertain.”
The letter continued that DNRC does not intend to conduct an environmental review of American Prairie’s proposal to graze bison on the two allotments pursuant to the Montana Environmental Policy Act until challenges to BLM’s decision are concluded.
American Prairie is authorized to graze bison on two other allotments in the meantime.
“We would like to thank Governor (Greg) Gianforte and his administration for their leadership and continued perseverance on this issue,” said Jim Steinbeisser, Montana Stockgrowers Association (MSGA) president. “We stand with the state and agree there are deficiencies within the BLM Environmental Assessment (EA) and final grazing decision. The decision to not approve grazing on the two allotments based on the BLM EA is the right decision.”
Background
In late July, American Prairie was given final approval to graze bison on 63,500 acres of federal public lands in Phillips County. The final record of decision allows the group to graze bison behind fences on six BLM allotments and also allows the group to remove about 30 miles of interior fencing.
One common allotment grazed with another livestock operator would remain approved for cattle-only grazing, while seasonal grazing would be permitted on four of the allotments, and year-round grazing would be authorized on three allotments—two of which have been previously authorized for year-round grazing.
The group estimated the final decision will allow their herd of bison to grow from 800 animals to 1,000 animals by 2025. ??“By comparison, the majority of American Prairie’s land base is leased out to local cattle ranchers and supports over 10,000 head of cattle,” the group said.
In August, MSGA, two grazing districts, Gianforte and the state attorney general filed appeals on BLM’s record of decision. In mid-October, an administrative judge denied their petitions for stay.
“Appellants have failed to meet their burden of demonstrating the likelihood of immediate and irreparable harm if a stay is not granted,” Veronica Larvie, a Department of the Interior administrative law judge, wrote in the order.
“We are disappointed in this decision as we believe it is important that bison remain off the allotments until the appeal can be heard,” Steinbeisser said at the time. “We know this process is a marathon and not a sprint and this hurdle will not stop us and our partners from continuing to fight for Montana ranchers who graze livestock on public land.”
Earlier in October, MSGA and two Phillips County grazing districts were successful in their request to deny Western Watersheds Project’s motion to intervene on the appeal.
To support MSGA’s legal appeal, donations can be made at www.protectopenspaces.com. MSGA said the advocacy fund creates a collective voice for ranchers advocating for change and accountability at the state and federal levels. The fund supports issues such as promoting the benefits of cattle grazing, protecting grazing on public lands and holding agencies accountable.
“We are asking everyone who is concerned about BLM’s favorable decision towards the (American Prairie) and who is passionate about public land grazing, holding federal agencies accountable, and protecting and conserving Montana’s iconic open spaces to please consider donating to our advocacy fund,” Steinbeisser said. — Anna Miller, WLJ managing editor
