American Prairie's bison grazing permits face a legal challenge over use of federal land in Montana.
A legal battle in Montana centers on whether American Prairie's conservation bison qualify for federal livestock grazing permits. The Montana Stockgrowers Association seeks to revoke the permits, while American Prairie says it has followed the rules. A temporary court order allows bison to remain on three federal allotments as the appeal proceeds.
Transcript
Raylee Honeycutt, Executive Vice President, Montana Stockgrowers Association: “Ranchers who are grazing on those public lands are living in communities, providing economic impact, putting kids in schools and really keeping rural America open for business.”
Raylee Honeycutt is the executive vice president of the Montana Stockgrowers Association, or MSGA.
Members of the MSGA are pushing to have federal grazing permits revoked for a bison herd owned by the non-profit group American Prairie. In 2022, the 142-year old cattle producer group joined the State of Montana in filing motions to intervene over the issuing of permits they say violated the Taylor Grazing Act of 1934. The nearly century old policy regulates the grazing of livestock on public lands.
The Bureau of Land Management is the federal agency that authorizes livestock grazing permits. After a federally ordered review, the BLM came to the conclusion that American Prairie - based on their own public statements - manage their bison as wildlife used primarily for conservation and ecological restoration. BLM officials say the grazing permits are only for domestic production-oriented animals.
Raylee Honeycutt, Executive Vice President, Montana Stockgrowers Association: “We work really hard to make sure that agriculture and, you know, the livestock industry remains the number one industry in Montana.”
A series of back-and-forth court proceedings have left the future of American Prairie’s six federal grazing permits in limbo. Market to Market asked the Bureau of Land Management about the case, but officials with the BLM say they are not able to comment on pending litigation.
Raylee Honeycutt, Executive Vice President, Montana Stockgrowers Association: “We really feel that public land grazing should be looked at universally and to ensure that it’s being fair and adequately done across different states as well as in our state.”
In September, a U.S. District Court judge granted American Prairie’s request to block the BLM’s final ruling until the appeals process plays out. For the time being, this allows the bison to remain on public lands.
The ruling only applies to American Prairie’s three federal allotments where bison are currently grazing. Three additional allotments that American Prairie obtained for future herd expansion must remain bison-free until the court makes its final decision. The six allotments encompass more than 60,000 acres.
Scott Heidebrink is the director of landscape stewardship for American Prairie.
Scott Heidebrink, Director of Landscape Stewardship, American Prairie: “We'll get kind of back to our normal programing now of harvesting bison, shipping bison. Now that we have this preliminary injunction, we can kind of move forward and plan, plan to have those allotments and plan for growth, plan for shipping and all the other management that's needed for the animals.”
Heidebrink says the genetic re-establishment of wild bison is not their only focus with the animals. Over the past two decades, the nonprofit has donated some of those bison to local Tribal communities for food and other traditional uses.
Scott Heidebrink, Director of Landscape Stewardship, American Prairie: “From our perspective, we just want to be treated like everyone else is treated. We have followed all the rules, everything that’s been asked of us.”
American Prairie’s main goal is to create one of the largest nature reserves in the U.S. and to expand their private land base beyond the more than 600,000 acres they manage.
The organization started out with 16 bison in 2005. Since then, the population has increased to just over 1,000 head.
Scott Heidebrink, Director of Landscape Stewardship, American Prairie: “We're here as a neighbor. We’re here as part of the community. And so, although we have a different animal in the landscape, we have great people that are out living on the landscape, working on the landscape, working with these animals.”
Honeycutt says the court process is frustrating for her members because it can take years for a final decision to be handed down. Attorney fees are building up for the association. While American Prairie might be eligible to recover its legal fees, it is unlikely MSGA will qualify for reimbursement.
Raylee Honeycutt, Executive Vice President, Montana Stockgrowers Association: “So there's a significant amount of money going into court systems and to attorneys and to legal battles just to fight for their livelihood and for their businesses to remain open.”
Both sides look forward to the legal resolution of the dispute.
Scott Heidebrink, Director of Landscape Stewardship, American Prairie: “Even if this does bring change, we can adapt and continue to grow and continue to have bison on the landscape.”
For Market to Market, I'm Tammy Scardino.
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