For more than 20 years, American Prairie land in northcentral Montana has been a home where bison roam. The organization currently manages about 940 bison across two properties totaling about 50,000 acres within its 600,000-acre footprint in southern Phillips County.
Since July 2022, the animals have had access to thousands of acres of federal Bureau of Land Management grazing allotments on American Prairie's Sun Prairie and White Rock units — permits granted under the Biden administration.
Tim McGonigal reports - watch the video here:
Now, those permits have been revoked by BLM, and the case could be headed for a drawn-out court battle.
The Montana Stockgrowers Association is among the groups opposing the permits. MSA President Lesley Robinson said the issue comes down to how federal grazing land is legally designated.
"American Prairie has always been clear from the beginning that they have a conservation herd. It's not production agriculture and BLM lands are under the Taylor Grazing Act, and the Taylor Grazing Act is for production livestock," Robinson said.
American Prairie Landscape Stewardship Director Scott Heiderbrink pushes back on the characterization that the herd exists solely for conservation purposes.
"We are producing a lot of bison on the landscape," Heiderbrink said.
"We have either harvested or shipped out 48% of the 2100 bison we have raised in the past 20 years. We harvest a number of bison every year, with the public, for food banks, things like that," Heiderbrink said.
Heiderbrink also believes the recent move to challenge the permits is politically motivated.
"It does feel a little targeted at American Prairie," Heiderbrink said.
Robinson disputes that characterization.
"This is not personal against American Prairie. This is if anyone is using the law incorrectly, then that is, that's what we're doing. It's not personal," Robinson said.
Heiderbrink says the challenge overlooks how the organization actually operates.
"They haven't looked into what our actual practices are, what kind of managers we are, and what our bison are being used for," Heiderbrink said.
Robinson says she is confident in the legal standing of the challenge.
"We're confident that this is the right thing. And it's not necessarily what we're doing. It's the law," Robinson said.
American Prairie says losing the permits would be another in a long line of challenges, but the organization has contingencies in place.
"As a large landowner, we have access to grass. So we have deeded lands where there are currently not bison that we can stock bison," Heiderbrink said.
Robinson says much of the broader opposition to American Prairie stems from the organization's large-scale land purchases across Montana.
"If they do what they want to do, then it will have a huge impact on certain rural communities economically and, culturally," Robinson said.
Heiderbrink says he is unfazed by anti-American Prairie sentiment and welcomes the opportunity to engage with critics, even if he is not trying to change their minds.
Here is the full text of the BLM news release:
The Bureau of Land Management today issued its final decision to rescind grazing permits for seven allotments in Phillips County, Montana, held by American Prairie, following a remand from the Secretary of the Interior directing the bureau to reevaluate permits issued in 2022.
Under the Taylor Grazing Act, the BLM may authorize grazing only for domestic livestock managed primarily for production‑oriented purposes. After reviewing the administrative record, applicable law, and American Prairie’s own materials and public statements, the BLM concluded that American Prairie manages its bison as wildlife used primarily for conservation and ecological restoration rather than as a production‑oriented domestic livestock operation.
Notwithstanding claims that American Prairie treats bison “like cattle,” including because it tags, vaccinates, and donates meat from its bison, American Prairie has consistently been clear that its primary management focus is conservation and an effort to restore wild populations and reestablish natural ecological processes. Under federal law, only production‑oriented livestock operations qualify for BLM grazing permits, and the BLM lacks statutory authority to authorize the bison grazing previously permitted on these allotments.
“Public lands are central to the strength and success of America’s ranching and livestock communities,” said Acting BLM Director Bill Groffy. “Consistent with the principles of the Taylor Grazing Act of 1934, the Department of the Interior is committed to responsible stewardship that keeps these lands productive for grazing, supports rural economies, helps feed communities at home and abroad, and preserves the ranching traditions that have defined the American West for generations.”
The final decision rescinds bison grazing authorizations, issues cattle‑only permits where appropriate, and provides for an orderly transition period for the removal of bison from public lands by Sept. 30, 2026. The decision applies only to these seven allotments and does not affect other permit holders, treaty rights, tribal grazing authorizations or tribal bison herds.
American Prairie, along with any other adversely affected party, may appeal the decision to the Department of the Interior’s Office of Hearings and Appeals, as outlined in the decision's right of appeal.
To be clear, the BLM is not evicting hundreds of bison from Montana. The BLM is simply rescinding grazing authority for American Prairie’s bison under these permits and does not preclude American Prairie’s herd from occupying their private land. The Department of the Interior continues to support bison conservation and management efforts across federally managed lands, in partnership with tribes and state governments, regardless of the status of any individual grazing permit.
Yellowstone National Park maintains the nation’s only continuously wild bison herd, and the longstanding Interagency Bison Management Plan continues to guide conservation, migration management and disease prevention in coordination with the State of Montana, tribal nations and federal agencies.
Tribal conservation programs, including the Fort Peck Assiniboine and Sioux Tribes’ quarantine and restoration efforts and the Confederated Salish and Kootenai Tribes’ management of the National Bison Range, also remain active and ongoing. The BLM continues to permit 8,831 bison as domestic livestock on federally managed grazing allotments.
Here is the statement from American Prairie:
American Prairie today condemned the U.S. Bureau of Land Management’s (BLM) final decision to revoke grazing permits that have supported the organization’s bison herd on public lands in north-central Montana for the past 20 years, calling the move a politically motivated reversal that threatens decades of established public land management practice and jeopardizes bison restoration efforts nationwide.
The decision overturns BLM’s own 2022 authorization allowing American Prairie’s bison to graze on approximately 63,000 acres of public land after a lengthy environmental review and years of agency defense of the permits in administrative proceedings.
“This decision abandons decades of consistent federal policy and extends far beyond American Prairie,” said Alison Fox, CEO of American Prairie. “By reversing decades of precedent, BLM is creating uncertainty for tribal buffalo restoration, conservation partnerships, and public lands grazing management nationwide. The agency’s action is arbitrary, shortsighted, and contrary to its own longstanding interpretation of federal grazing law.”
Fox went on to say, “American Prairie has lawfully grazed bison on BLM lands for more than 20 years, complying with every rule, regulation, and permit requirement. BLM lawfully issued these permits and recognized that bison are qualified to graze on federal lands under longstanding practice and law. Reversing course now under political pressure undermines trust in the agency’s decision-making and threatens the future of bison restoration across the West.”
For more than 40 years, BLM has issued livestock grazing permits for bison, including permits held by tribal nations, conservation organizations, and private livestock producers across multiple western states. American Prairie and its legal representatives argue that the agency’s reversal conflicts with longstanding federal practice and could place dozens of existing bison grazing permits at risk.
The decision has drawn strong opposition from Tribal governments and Indigenous organizations, including the Coalition of Large Tribes (COLT) [link.mediaoutreach.meltwater.com], which represents more than 50 Tribal nations. Tribes have warned that excluding bison from federal grazing permits could undermine treaty rights, food sovereignty, cultural revitalization efforts, and the continued restoration of buffalo herds across Indian Country.
“This final decision by the BLM makes it clear that this is an all-out attack on conservation. It is a textbook example of the government moving the goal posts and changing the rules in the middle of the game to reach a predetermined outcome,” said Mary Cochenour, attorney for American Prairie. “There have been no grazing violations, and the administrative record contains objective evidence showing that rangeland conditions have improved over the last two decades with bison on the landscape.”
Cochenour said the agency’s reversal required a novel interpretation of the Taylor Grazing Act and introducing new anti-bison and anti-conservation provisions in order to justify rescinding the permits.
“This decision is not grounded in resource damage, permit violations, or failed stewardship,” Cochenour added. “It reflects a political effort to target bison conservation despite overwhelming evidence that American Prairie has responsibly managed these lands for years.”
American Prairie filed a formal protest to the BLM’s proposed decision in February and is evaluating all legal options in response to the decision.
American Prairie emphasized that its bison herd currently stands at around 940 animals, and the program has operated under rigorous management standards, including fencing, disease testing, and coordination with neighboring landowners and agencies. At the same time, the organization works directly with local cattle producers, leasing the majority of its land, more than 500,000 acres to 25 ranching families who run approximately 8,000 head of cattle.
The organization also noted that bison from its herds have helped support Tribal buffalo restoration and food sovereignty efforts across the country.
“Bison are a vital part of America’s natural and cultural heritage,” Fox said. “This decision sends the wrong message at a time when Tribal nations, conservationists, and communities are working together to restore this iconic species to the landscape.”
Here is the statement from Governor Greg Gianforte:
Governor Greg Gianforte today praised the Bureau of Land Management’s (BLM) final decision to cancel grazing permits authorizing bison grazing previously issued to the American Prairie Reserve (APR).
“This final decision is a victory for the rule of law and the generations of Montanans who have stewarded our lands with care,” Gov. Gianforte said. “For far too long, the Biden administration ignored the clear language of the Taylor Grazing Act in favor of an ideological experiment. I’m proud of our administration for leading the fight to reach this decision and I thank Secretary of the Interior Doug Burgum and BLM for putting Montanans first.”
The decision marks a significant victory for agricultural producers and rural communities across Montana and the United States, reversing a prior federal authorization that allowed APR to graze non-production bison on over 63,000 acres of federal public lands. The final decision rescinds APR’s bison grazing authorizations, issues cattle‑only permits where appropriate, and provides for an orderly transition period for the removal of bison from public lands by Sept. 30, 2026.
The governor has long opposed BLM’s initial approval of the grazing permits, citing violations of the Taylor Grazing Act and the National Environmental Policy Act (NEPA). The State of Montana, along with local ranching families and organizations, argued that replacing production livestock with non-production bison damaged the local economy and ignored the statutory requirements for federal grazing permits.
In 2022, the Gianforte administration appealed the initial BLM decision, arguing that the permits exceeded the agency’s authority and that the federal agency failed to adequately analyze a number of issues, including the economic impacts on local communities, concerns regarding fencing and containment, and impacts to Montana’s state trust lands. The administration pointed out that many state trust lands are fenced “in common” with BLM lands, and that the permits resulted in unauthorized bison on those trust lands. Today’s final decision aligns with the governor’s call for federal agencies to coordinate with state officials and prioritize the stability of Montana’s number one industry.
In September 2021, Gov. Gianforte, the Montana Department of Natural Resources and Conservation, Montana Fish, Wildlife & Parks, Montana Department of Livestock, and the Montana Department of Agriculture objected to BLM’s environmental analysis and proposed permit issuance, explaining the deficiencies and requesting the permits be denied. Despite these objections, BLM authorized the grazing change in July 2022.
In August 2022, Governor Gianforte and executive branch agencies appealed BLM’s authorization to the Department of Interior’s Office of Hearings and Appeals (OHA), where the matter has persisted, unresolved. In December 2024, the Gianforte administration filed an action in federal district court, seeking review of OHA’s failure to stay the BLM decision pending its administrative appeal. In February 2025, the Governor wrote to Secretary Burgum asking him to assume jurisdiction and vacate the unlawful grazing permits.
In September 2025, Gov. Gianforte and the entire federal delegation wrote to Secretary Burgum, highlighting the stalled appeals process and explaining how the issuance of grazing permits to “rewilded” conservation bison undermines Montana’s production livestock industry and the law. Following the Secretary’s assumption of jurisdiction in December and remand to BLM, the agency issued the proposed decision to cancel the permits in January.
