Land Board directs DNRC to pause bison authorizations and develop rule package after APR letter

The Land Board on Feb. 2 considered item 0226‑5 after the board received a Feb. 2 letter from the American Prairie Reserve (APR) questioning DNRC’s calculation and designation of stocking rates and indicating APR's intent to begin bison grazing on state trust lands before a change of use is approved, according to the motion record. The chair and staff noted current administrative rule 36.25.0.102 — the locally cited animal‑unit definition — does not contemplate bison and therefore does not provide a conversion for bison to existing animal unit measures.

Commissioner Brown told colleagues that scientific studies indicate bison consume far more forage per animal than cattle and argued the board must determine a proper animal‑unit‑month carrying capacity for bison. "Therefore, colleagues, I move that DNRC review existing legal authorities and develop for our review a rule making package regarding grazing lease stocking rates that also addresses the absence of bison from the existing provisions," Brown said. The motion directs DNRC not to authorize any new or pending bison grazing requests, including the APR proposal, until rulemaking is complete. The motion was seconded and passed unanimously.

Separately, Attorney General Knudson moved that DNRC develop and propose a policy that favors issuance of grazing leases to production livestock operations over nonproduction operations and to take that up at the April meeting; that motion also passed unanimously. The board noted this policy discussion may warrant legislative consideration.