Commissioners decline motion to enforce private-property rule for buffalo; tribal leaders say animals are wildlife
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Summary
A motion to affirm private-property rights over buffalo on Fremont County’s diminished lands failed for lack of a second after tribal leaders and a commissioner said the animals are tribal-managed wildlife and landowners should coordinate with herd managers, not unilateral enforcement.
A motion to direct county enforcement of private-property claims over buffalo on Fremont County’s so-called diminished lands failed for lack of a second at the Feb. 17 meeting of the Fremont County Commissioners.
Ron Fabrizius moved that the county acknowledge and enforce private property rights in the Diminished Lands and invoked the Congressional Act of 1905, a Tenth Circuit ruling (Wyoming v. EPA) and Wyoming statutes; no commissioner seconded the motion, and it did not proceed. More than 40 members of the public attended the discussion.
Mitch Benson, who requested the board’s support for private landowners, told commissioners he sought clarity for tribal and non-tribal deeded landowners and said Wyoming Livestock Board rules classify privately owned buffalo on deeded land as livestock subject to state regulation. Benson asked the board to act to protect private property interests.
Commissioner Clarence Thomas criticized Benson’s outreach, saying Benson had not communicated with tribal authorities and stressing that the animals ‘‘belong to the tribes’’ and that initial engagement should be with tribal business councils. Thomas invited Eastern Shoshone and Northern Arapaho representatives to the discussion.
Northern Arapaho Business Council Chairman Keenan Groesbeck told the board that ‘‘buffalo are classified as wildlife and are not ear tagged or branded.’’ He said that when animals leave tribal lands, landowners may contact herd managers—Jason Baldes for the Shoshone herd or Dennis O’Neal for the Arapaho herd—to have animals removed or coordinate repairs.
Eastern Shoshone Business Council Chairman Wayland Large said the tribal government was conducting day-to-day business as usual despite recent internal events. Chair Larry Allen said the commissioners would continue collaboration with tribal governments once those matters were resolved.
The board took no formal action on Benson’s request after the Fabrizius motion failed, and commissioners did not adopt a new policy or directive at the meeting.