Montana Tribes Want Tribal Bison on CMR Refuge

 

  

 

The Montana American Indian Caucus (Native American legislators) has recently petitioned Department of Interior Secretary Haaland to initiate planning for restoring a large herd of bison “under Tribal management” on the Charles M. Russell National Wildlife Refuge.

Their petition follows a similar December petition to the Biden administration from the Rocky Mountain Tribal Leaders Council. It echoes widespread Native American advocacy for increased Tribal influence over management of resources in National Parks and Wildlife Refuges.

The current petition notes that federal leadership is necessary due to recent actions by the Montana legislature and by Governor Gianforte to prevent any restoration of public-trust wild bison in our state. It advocates planning by a CMR working group consisting of Tribal representatives and federal managers. Notably, no non-Native American citizens would be represented until options have been developed for a decision under an environmental impact statement. A bison herd “that is cooperatively managed by several tribes” is envisioned.

In Montana, there are hundreds of bison on six Tribal reservations. These are tribal-trust bison managed to benefit Tribal members. Appropriately, cultural, spiritual, commercial and nutritional values have been emphasized. Now, the Montana American Indian Caucus requests “one of the largest bison herds in North America” on the CMR Refuge, “managed by Tribal wildlife managers and biologists” for “cultural, spiritual and economic” values to the Tribes.

In contrast, there are no public-trust wild bison, year-round, in Montana. Public-trust bison would be managed democratically to benefit all citizens, including Native Americans. On the CMR Refuge, under the mission of the federal Refuge System and the CMR Conservation Plan, ecological and biodiversity values of a bison herd would have precedence; but the recreational and economic values of tourism and public hunting would not be neglected.

Montana American Indian Caucus members are correct. Montana legislatures and administrations have failed to fulfill public-trust responsibilities with bison restoration for many decades. Recent actions by the legislature and Governor have been the most severe and blatant expression of this betrayal of trust. Thus, sovereign federal leadership is necessary to restore bison as a keystone species on the people’s CMR Refuge.

However, not more tribal-trust bison, but Montana’s first and only public-trust bison herd is needed on the CMR to accommodate the aspirations of all Americans for maintaining a truly wild bison herd and wild prairie ecosystem in the Northern Great Plains. Secretary of Interior Haaland should be petitioned to recognize this egalitarian national responsibility. It is time to fulfill federal statutory obligations by proceeding to restore public-trust wild bison on the CMR Refuge, if necessary under federal management without support of the state government.

 

 

Montana Bows to Landowners Group: Abandons Bison Restoration

 

Under a new governor, and new Director, Hank Worech, Montana Fish, Wildlife & Parks has discarded eleven years of staff effort, mostly under the Montana Environmental Policy Act (MEPA) with abundant public participation, to arbitrarily declare its incomplete work on bison restoration null and void, and has agreed not to pursue any restoration of public-trust, wild bison in the state for 10 years.

This abrupt and blatant action by the Gianforte administration is one more betrayal of public trust by the Montana government, both the 2021 legislature and the administration. It places one more notch on the bison rifle of the Montana livestock industry.

There are no public-trust wild bison, year-round, in Montana. Yellowstone bison are only seasonal visitors. Those on the Bison Range are Tribal-trust bison.

The most recent, erratic, planning for Montana bison restoration began in 2009. FWP staff produced a thorough analysis of the environmental issues of bison restoration, to which the Bullock administration added, in 2020, a bland decision: only that restoration “on a landscape scale” was possible. No site or timetable for restoration was proposed.

(In response, the Montana Wild Bison Restoration Coalition submitted a proposal for a test restoration of 400 bison on the Charles M. Russell National Wildlife Refuge.)

In March, 2020, United Property Owners of Montana filed a complaint for injunctive relief in District Court. In our opinion, the complaint had little legal or truthful basis. However, in April, 2021, under a new state administration, FWP and UPOM reached a settlement agreement in which FWP renounced its previous work under MEPA. Moreover, FWP agreed not to renew efforts to restore public-trust, wild bison for another 10 years. This latter stipulation was not part of the original UPOM complaint.

In light of the FWP capitulation, the Court declared the 2020 Environmental Impact Statement and Record of Decision vacated, null and void. Note, it appears that the stipulation of 10 years without bison restoration is not a Court order, but lawyers may have to decide the legalities of much in the FWP/UPOM agreement. It seems everything in the agreement is arbitrary and capricious. Nothing is justified with any evidence.

The legality of the FWP/UPOM agreement seems highly questionable. It clearly violates much of the policy and purposes of MEPA. If a governor can simply relegate years of agency and public effort and resources, under the MEPA process, to the trash heap, without explanation, then MEPA is rendered meaningless. Moreover, can a governor arbitrarily obligate a state agency, and future governors, with a 10-year “no action” commitment?

Thank you,

Jim Bailey, Montana Wild Bison Restoration Coalition

Coalition Petition To Montana Governor Garners 3400+ Signers

 

 

 

A petition requesting Montana Governor Gianforte to veto a pair of anti-bison restoration bills has gone viral and already obtained more than 3400 signers from across the nation.

House Bill 302 would require a county commission to approve any restoration of public, wild bison, even on federal land, including any National Wildlife Refuge. HB 302 is currently on the Governor’s desk. HB 318, also passed by the legislature, would redefine “wild bison” in Montana in a strict way that is expected to disqualify all possible plains bison for use in any bison restoration project in the state. Both bills were passed by the legislature along party-line votes, with Republicans favoring the anti-bison statutes.

The petition notes that these bills will either ignore, violate, or render meaningless several state and federal laws and policies, including; mandates in the Montana Constitution; legal guidelines for restoring public, wild bison; the Montana Environmental Policy Act; twelve years of effort by Montana Fish, Wildlife & Parks to develop a bland plan that might be used to restore a public bison herd; three polls demonstrating that 70% of Montana voters favor restoring bison on the Charles M. Russell National Wildlife Refuge; the mission statements of the U. S. Fish & Wildlife Service and of the National Refuge System; the Refuge System Improvement Act of 1997; the U. S. Department of Interior bison conservation initiative; the National Environmental Policy Act; and the ability of the CMR Refuge to achieve its overall goal, stated in the Refuge plan.

For each signer, a copy of the petition is sent to the governor, his staff, and to the newly appointed Director of Montana Fish, Wildlife & Parks. The petition, managed by Change.org, is still available to be signed and sent. 

To see and sign the petition click here. 

 

Thank you,

Jim Bailey, Montana Wild Bison Restoration Coalition

 

Bison Bills Defy State and Federal Goals

 

 

The Montana legislature is working to prevent restoration of public-trust, wild bison in the state. HB302 will allow county commissions to veto any restoration of public-trust wild bison in Montana. HB318 will disqualify all possible bison for use in a transplant to restore public wild bison in our state. As part of the Republican “war on wildlife” these bills are being carried with clear party-line votes in the House of Representatives.

For the possible restoration of public-trust, wild bison on the Charles M. Russell National Wildlife Refuge, these bills either ignore, violate, or render meaningless, the following:

Mandates in the Montana Constitution to care for natural resources and objects of historic, cultural and recreational value; and to preserve the opportunity to harvest wild game.

Legislative guidelines for restoring public, wild bison in MCA 87-1-216.

The Montana Environmental Protection Act, for use in making difficult decisions.

Twelve years (so far) of effort and expense by Montana Fish, Wildlife & Parks to develop a statewide plan for restoring a herd of public bison in the state.

Three polls demonstrating that 70 percent of Montanans support bison restoration on the CMR.

The mission statement of the U. S. Fish & Wildlife Service.

The mission Statement of the federal Refuge System.

The U. S. Department of Interior Bison Conservation Initiative.

The National Environmental Protection Act, for use in public decision-making.

The ability of the Russell Refuge to achieve its overall goal of restoring natural ecosystems on the Refuge, as stated in the Refuge Plan.

While touting “Protect public lands” as a smokescreen, Montana Republicans are betraying their public-trust responsibilities to manage a resource for all the people. They are bulldozing a whole history of conservation effort into the refuse pile of the “once best place”. 

 

Thank you,

Jim Bailey, Montana Wild Bison Restoration Coalition 

 

Coalition Supports Bill to Diversify Funding for Bison Management

 

 

Coalition Supports Bill to Diversify Funding for Bison Management

According to mandates in the state Constitution, the Montana legislature has provided guidelines for restoring public-trust, wild bison in our state. Along with requirements to protect and indemnify private property, and to avoid livestock disease issues, MCA 87-1-216 requires Fish, Wildlife & Parks to identify stable, long-term sources of funding for managing any new wild bison herd.

Senator Pat Flowers has introduced Senate Bill 255 that would allow the Fish, Wildlife & Parks Commission to authorize an auction hunting license and/or a lottery hunting license for special bison hunts, with proceeds dedicated to management of any new wild bison herd.

Ultimately, bison management can be funded from sales of regular hunting licenses. However, in the first years after founding a new bison herd, few bison should be harvested. Auction and lottery licenses can be used to raise substantial funds from a few licenses.

The Montana Wild Bison Restoration Coalition strongly supports SB 255 as another step toward providing a heritage of public-trust, wild bison to future generations of Montanans.

 

Thank you,

Jim Bailey, Montana Wild Bison Restoration Coalition

 

An Open Letter to the Montana Legislature

 Malta

 

Thirty-three contiguous counties in eastern and north-central Montana have been losing population for many decades. (See “News” Dec. 17.) These counties include about half the area of the state! Most lack a critical population level necessary to support a comprehensive county government, adequate health care, emergency services, quality education, communication facilities and other infrastructure. Poverty levels are the highest in the state.

For decades, attempts to alleviate this situation with resource-extraction projects have provided only local, often unsustained relief. (Consider “Petroleum” County.) Livestock production has remained the primary economic foundation. This industry has strongly opposed any projects that might create competition for cattle production. For many decades, this approach has not halted population decline or alleviated poor economic conditions.

There are no public-trust, wild bison, year-round, in Montana. Opponents of bison allege that bison restoration, even under strict guidelines set forth by the Montana legislature, (MCA 87-1-216) would devastate local economies. However, bison restoration has potential to augment and diversify local economies by enhancing tourism and with monies spent during months-long hunting seasons for lodging, supplies and outfitting services. (Sage, J. L. 2017. https: scholarworks.umt.edu/itrr_pubs/353).

Restoring public wild bison on the Charles M. Russell National Wildlife Refuge and on nearby private lands where public bison are accepted can provide sustained local income near the Refuge – without negative impacts to local cattle growers. In particular, small businesses along highways 2 and 191, especially in Blaine, Phillips and Valley Counties and in Lewistown would benefit.

Enhancing local economies is but one reason to restore bison in Montana. However, legislation opposing restoration of public-trust, wild bison, especially on the CMR Refuge, is part of an economic strategy that has failed for decades. As you consider these bills, please do not support actions that will diminish opportunities to provide a more diverse, resilient and healthy economy for future generations in eastern and north-central Montana. 

 

Thank you,

Jim Bailey, Montana Wild Bison Restoration Coalition