American Prairie Takes Legal Action Against Montana DNRC

On November 17, American Prairie filed legal action to compel the Montana Department of Natural Resources and Conservation (DNRC) to fulfill its statutory obligations under the Montana Environmental Policy Act (MEPA) to analyze American Prairie’s request to graze bison on two state lease sections.

American Prairie has made repeated attempts to seek a compromise with the State. “Despite our efforts to find productive solutions and common ground, this administration continues to ignore those requests and instead continues to obstruct the legitimate business activities of American Prairie,” said Pete Geddes, American Prairie’s Chief External Relations Officer. “This stands in stark contrast to the administration’s stated commitment to protecting property rights and advancing economic development in Montana’s rural communities. The DNRC’s inaction under the Montana Environmental Policy Act, using it as a vehicle to attack a small Montana business, is particularly ironic,” said Geddes.

American Prairie first submitted its application to the DNRC in September 2019, requesting to change the livestock class from cattle, to cattle and/or bison on two state sections, Nos. 8171 and 9361. The State of Montana classifies bison, including American Prairie’s herd, as livestock. At the same time, American Prairie submitted a similar application to the Bureau of Land Management (BLM) regarding its federal grazing leases. After extensive review and public comment, the BLM completed its National Environmental Policy Act (NEPA) analysis on July 28, 2022, and issued its Notice of Final Decision. That decision authorized American Prairie to graze bison on Telegraph Creek, Box Elder, Flat Creek, White Rock, French Coulee, and Garey Coulee allotments. The DNRC and others have appealed the BLM’s decision, but the decision remains in effect as both the Department of Interior’s administrative law judge and Interior Board of Land Appeals denied the appellants’ requests to stay the BLM’s decision. Those appeals are still pending

On October 27, 2022, just weeks after its request for stay was denied, DNRC issued a letter to American Prairie, stating that, “DNRC does not intend to conduct an environmental review of AP’s proposal to graze bison State Lease Nos. 8171 and 9361 pursuant to MEPA, until the challenges related to BLM’s decision concludes.”

Mary Cochenour, an attorney representing American Prairie, says that the BLM decision does not apply to state trust lands and the DNRC is not bound by the federal decision. However, by refusing to conduct a MEPA analysis, Cochenour says the DNRC has failed to meet the non-discretionary, mandatory deadlines for MEPA review and public scoping. “After receiving a complete application, DNRC has 60 days to complete a public scoping process and 90 days to complete an environmental review,” said Cochenour. “Yet, here we are, more than three years later, and no steps have been taken to even start this process. DNRC’s extraordinary delay has turned MEPA into a roadblock, not an environmental review process. We’re worried that this multi-year delay is being used to effectively deny the application without the agency having to face scrutiny for its decision, leaving American Prairie in legal limbo.”

Cochenour points out that the DNRC allows bison grazing on many other state leases held by other organizations across the state. “DNRC’s uneven treatment of bison grazing permits raises questions concerning DNRC’s intent, especially as American Prairie’s bison clearly qualify and are treated as livestock under the requirements of Montana law,” she said.

American Prairie goes to great lengths to hire local contractors to work on these grazing allotments. Dave Crasco, a participant in American Prairie’s Wild Sky ranching program and fencing contractor, says American Prairie’s approach emphasizes stewardship and rangeland health. “Whether that land is grazed by bison or by cattle, they have been consistently supportive of both,” said Crasco. “I’ve attended their bison handlings, and know them to have the utmost respect for the safety of their staff, bison, and neighbors. I’ve also spent more time on American Prairie properties than almost anyone other than their staff – as a fencing contractor. I bid on and built more than ten miles of the fence that contains bison on their White Rock property, which the BLM approved for bison grazing in 2022. I’ve seen firsthand their commitment to keeping those bison healthy and home on that property, by building high-quality, electrified fences that are also wildlife-friendly.”

Economic contributions

American Prairie’s contributions to Montana’s economy are clear and measurable. The conservation organization leases the majority of its land, more than 500,000 acres, to local cattle producers in Central Montana, supporting roughly 8,000 head and more than 25 ranchers. Since 2020, the organization has paid $7 million in payroll, supporting 23 jobs in Fergus and Phillips Counties, which infused $17 million into those economies. In the past five years alone, American Prairie has paid $877,000 in property taxes and $345,000 to ranchers participating in Wild Sky, our wildlife-friendly ranching program.

“I have repeatedly seen the good folks at American Prairie look for ways to collaborate and help their fellow neighbors, not to mention the ways the organization has created opportunities for agriculture, recreation, tourism, and local jobs,” said Randy Gray, a longtime Great Falls attorney and former mayor. “The constant attacks against them are counterproductive and not in keeping with Montana’s long tradition of working together to resolve problems.”

Commitment to public access

While much of American Prairie’s habitat base is leased to local livestock producers, nearly all of the 167,070 private acres the non-profit manages is open to the public. Providing access is a cornerstone of the organization’s mission and most recently American Prairie opened up nearly 50,000 acres of public land in the Upper Missouri River Breaks area with the acquisition of the Anchor ranch. American Prairie is also one of the largest landowners participating in Montana Fish, Wildlife & Parks’ Block Management program for hunters with more than 80,000 acres enrolled.

In 2024, American Prairie set a new visitation record for the seventh year in a row with more than 6,600 overnight visitors to our huts and campgrounds, and more than 5,000 visitors at our National Discovery Center in Lewistown. Earlier this year, American Prairie donated 109 acres to the state for the creation of Montana’s 56th state park at Judith Landing on the Missouri River.

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About American Prairie

American Prairie’s vision is to create a vast and collaboratively-managed prairie destination that serves as a fully functioning ecosystem for wildlife, and offers visitors permanent access to the landscape that shaped our nation’s character. Already open to the public for recreation including camping and hunting, American Prairie offers visitors an opportunity to connect with nature on a truly grand scale. Learn more at americanprairie.org.