BLM proposes cancelation of APR bison permits
On Jan. 16, the Bureau of Land Management (BLM) issued a proposed decision to cancel grazing permits previously authorizing the American Prairie Reserve (APR) to graze bison on more than 63,000 acres of federal land in northeastern Montana, marking a major reversal in federal grazing policy and a significant development in a years-long legal and political battle over the use of public rangelands.
The notice of proposed decision would rescind BLM’s 2022 approval allowing bison to graze on seven allotments in Phillips County, Montana and restore the lands to cattle use only.
Proposed decision
The decision follows a December directive from Department of the Interior (DOI) Secretary Doug Burgum, who assumed jurisdiction over long-running administrative appeals and ordered BLM to reconsider its earlier approval.
After reviewing the record and coordinating with DOI’s Office of the Solicitor, BLM concluded federal grazing statutes under the Taylor Grazing Act, the Federal Land Policy and Management Act and the Public Rangelands Improvement Act limit the agency’s authority to domestic livestock used for production purposes, such as meat, milk or fiber.
BLM’s determination also concluded APR’s bison herd is managed as wildlife rather than production livestock.
“Because APR has repeatedly described its bison program as focused on conservation, genetic restoration and public enjoyment – rather than agricultural production – BLM determined animals do not meet the legal definition of livestock eligible for federal grazing permits,” notes a Jan. 16 Western Ag Network article.
Under the proposal, BLM would cancel all permits allowing bison grazing, cancel permits allowing cattle and/or bison grazing, reissue cattle-only permits on affected allotments and leave existing cattle-only permits unchanged.
Background information
According to a Jan. 16 news brief published by the office of Montana Gov. Greg Gianforte, the dispute dates back to 2021 when Gianforte and multiple Montana state agencies objected to the BLM’s environmental analysis and proposed permit issuance, citing fencing and containment concerns, economic impacts and effects on state trust lands fenced in common with BLM allotments.
Despite these objections, BLM authorized the grazing change in July 2022.
The decision was appealed to DOI’s Office of Hearings and Appeals (OHA) where the matter remained unresolved for years.
“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,” the press release explains. “In February 2025, the governor wrote to Burgum asking him to assume jurisdiction and vacate the unlawful grazing permits.”
In September 2025, Gianforte and the entire Congressional delegation again urged DOI to act. Then, following the secretary’s assumption of jurisdiction in December, BLM issued its most recent proposed decision this month.
Praise from ag groups
Following this years-long battle, Gianforte praised the recent proposed decision, calling it a victory for ag producers, rural communities and adherence to federal law.
The governor also says he believes the move aligns with long-standing concerns that replacing production livestock with non-production bison damaged local economies and displaced ranching families who have stewarded the land for generations.
“Today’s decision by the BLM is a win for Montana’s ranchers, our agricultural producers and the rule of law,” Gianforte says. “By proposing to cancel these permits, BLM is finally acknowledging federal overreach cannot come at the expense of our local communities and the production ag that feeds our nation.”
“We have always said the law is clear,” he continues. “Grazing permits under the Taylor Grazing Act are for domestic livestock production, not for creating a massive nature reserve that displaces families.”
The Montana Stockgrowers Association (MSGA), along with the North and South Phillips County Grazing Districts and the Montana Association of State Grazing Districts, also welcomed the proposed decision.
“MSGA is thrilled to see this decision by BLM to restore grazing allotments back to their intended usage for production livestock grazing,” says MSGA President Lesley Robinson. “This decision is an incredible win for public lands grazers, ranching families and rural communities across the West.”
Deanna Robbins, president of the Montana Association of State Grazing Districts, reiterates agricultural producers have long argued the Taylor Grazing Act was designed to stabilize the livestock industry and food production.
“It’s encouraging to see this administration recognize the intent and take steps to reverse what we believe was a bad decision,” she states.
Montana Attorney General Austin Knudsen, whose office has challenged the permits for more than four years, also applauded the proposal.
“Canceling APR’s bison grazing permit will help protect the livestock industry and ranching communities in northeastern Montana from elitists trying to push them out,” Knudsen states. “For over four years I have been urging the BLM to cancel the permit, and our work finally paid off. This is a huge victory.”
APR responds
According to several sources, APR Chief Executive Officer Alison Fox called the decision “unfair, deeply disappointing, disruptive and inconsistent with long-standing public lands grazing practices in Montana.”
“Our organization and conservation model remain resilient, but it does not negate the fact this creates uncertainty for all livestock owners who depend on public lands for grazing,” Fox states. “We have followed the law, complied with every requirement and prioritized transparency at every step.”
Fox notes the organization has had permission to graze bison on BLM allotments for up to 20 years and believes the decision represents the first time the Taylor Grazing Act has been interpreted to require a bison herd be designated as a production herd.
“This decision is not grounded in new impacts or new information – it appears to be completely arbitrary and unfair,” Fox tells MTN News. “When federal agencies begin changing how the rules are applied after the process is complete, it undermines confidence in the system for everyone who relies on public lands. Montana livestock owners deserve clarity, fairness and decisions they can count on.”
Fox goes on to note APR will review the proposed decision and consider next steps, including potential legal action.
Next steps
The BLM’s proposal kicked off a 15-day protest period ending on Jan. 31.
If finalized, the agency says it will allow time for the orderly removal of bison from federal allotments.
If upheld, sources say the move would represent a significant shift in how federal agencies interpret grazing statues related to bison and could have broader implications across the West, including in states like Wyoming where public lands grazing plays a critical role in sustaining livestock operations and rural economies.
In the meantime, Gianforte promises, “This administration will always stand with our farmers and ranchers against federal overreach. We will continue to protect our way of life and ensure Montana voices are heard in Washington, D.C.”
Hannah Bugas is the managing editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@.net.
