Phillips County, American Prairie Reserve settle bison grazing dispute

A years-long disagreement between Phillips County livestock producers and the American Prairie Reserve over the county’s bison grazing ordinance was resolved Thursday when Phillips County Board of Adjustment members voted unanimously to accept a compromise plan created by all those involved.

The settlement agreement was worked out between attorneys for the Conservation District, APR, and the Interveners – the South Phillips County Cooperative Grazing District and the Phillips County Livestock Association.

Terms of the settlement, as outlined at Thursday’s hearing by attorney Tim Preso, counsel to the APR, include a 10-year variance from the ordinance during which APR will provide a Disease Identification and Management Plan, a protocol for testing for specific diseases (including tagging of all tested bison, testing 325 bison per year for the first five years and then testing 150 bison a year for the next five years, and a treatment plan for escaped bison), vaccinating all newly-introduced pre-yearling bison heifers for brucellosis, and, at a minimum, yearly discussions between all parties on a wide range of topics related to grazing of bison.

“It’s a compromise,” said Preso of the settlement agreement. “Considering the issues involved in this proceeding, it’s amazing the parties were able to come together and reach an agreement.”

Attorney Jack Conners, representing the Interveners, said, “[Through this process] we learned more about what [APR is] asking for and that made us more comfortable with what they are asking for.”

Caitlin Overland, counsel for the Phillips County Conservation District, said, “The Conservation District wants to honor the will of the voters [who voted overwhelmingly to adopt the bison grazing ordinance]. This settlement agreement does that.”
After a brief discussion, Board of Adjustment members Jay Bodner, Dave Hinman and Dale Krause voted to approve the settlement.

“The settlement agreement shows a lot of hard work, a lot of compromise and give and take by all parties,” Bodner said. “It does lay out a pretty regimented system for disease tracebility, testing and also that transparency aspect.”
APR first requested a variance from portions of the Phillips County Bison Grazing Ordinance in 2016.

A press release from the APR on Thursday quoted Vice President and Reserve Superintendent Damien Austin as saying, “We are pleased we were able to reach a mutually-acceptable agreement and consider this an important step toward finding more common ground in the future.

“We look forward to building a more constructive relationship with the Conservation District through regular meetings to share information on our science-based approach to disease testing that ensures the safety of our neighbors’ livestock and the entire livestock industry in Phillips County.”

According to APR, their bison herd “currently numbers approximately 800 and is spread across three management units, Sun Prairie, Dry Fork, and White Rock. The organization’s future bison expansion is limited to properties that are a minimum of 40,000 acres in size and are capable of conservatively providing forage for a minimum of 400 animals. In addition, American Prairie provides grass for local ranchers by leasing grazing for approximately 13,000 head of cattle on its properties in Phillips, Valley, Fergus, Blaine, and Petroleum counties.”

Thursday’s press release quoted APR Senior Bison Restoration Manager Scott Heidebrink:
“Respecting our neighbor’s property rights and ensuring herd health is a top organizational priority. We want bison to be able to fulfill their essential role as ‘ecosystem engineers’ and stock our bison pastures using guidance from the National Resource and Conservation Service and the Bureau of Land Management.”

Both Heidebrink and Austin live on the reserve.

By 

Deb Hill

News-Argus Managing Editor