BLM: APR Bison Weren’t “Domestic Livestock” Under Taylor Grazing Act

January 16, 2026

The U.S. Bureau of Land Management has issued a Notice of Proposed Decision that would rescind its 2022 approval allowing bison grazing on federal allotments in Phillips County, Montana, canceling grazing permits previously issued to American Prairie and restoring the allotments to cattle-only use.

The proposed decision follows a December directive from the Secretary of the Interior, who assumed jurisdiction over long-running administrative appeals and ordered BLM to reconsider its earlier decision. After reviewing the record and coordinating with the Department of the Interior’s Office of the Solicitor, BLM concluded it lacks statutory authority under the Taylor Grazing Act to authorize bison grazing under the circumstances presented.

BLM: Bison Managed as Wildlife, Not Production Livestock

In the notice, BLM states that American Prairie’s bison herd is managed as wildlife rather than production-oriented “domestic livestock.” Federal grazing laws—including the Taylor Grazing Act, the Federal Land Policy and Management Act, and the Public Rangelands Improvement Act—limit BLM’s authority to grazing permits for domestic livestock used for production purposes, such as meat, milk, or fiber.

Because American Prairie has repeatedly described its bison program as focused on conservation, genetic restoration, and public enjoyment—rather than agricultural production—BLM determined the animals do not meet the legal definition of livestock eligible for federal grazing permits.

Under the proposed decision, BLM would:

• Cancel all permits authorizing bison grazing
• Cancel permits allowing cattle and/or bison
• Reissue cattle-only grazing permits on the affected allotments
• Leave existing cattle-only permits unchanged where applicable

The decision affects seven BLM allotments in Phillips County, covering more than 63,000 acres of federal public lands.

Montana Governor Greg Gianforte praised the proposed decision, calling it a victory for agricultural producers, rural communities, and adherence to federal law.

“Today’s decision by BLM is a win for Montana’s ranchers, our agricultural producers, and the rule of law,” Gianforte said. “By proposing to cancel these permits, BLM is finally acknowledging that federal overreach cannot come at the expense of our local communities and the production agriculture that feeds our nation.”

Gianforte said his administration has opposed the bison grazing permits since their initial approval, citing violations of the Taylor Grazing Act, the National Environmental Policy Act (NEPA), and failures to account for economic impacts, fencing and containment concerns, and effects on state trust lands fenced in common with BLM allotments.

The Montana Stockgrowers Association (MSGA) and the North and South Phillips County Grazing Districts welcomed the proposed decision, saying it restores public lands to their intended use.

“MSGA is thrilled to see this decision by the BLM to restore grazing allotments back to their intended usage for production livestock grazing,” said Lesley Robinson, president of MSGA. “This decision is an incredible win for public lands grazers, ranching families, and rural communities across the West.”

Montana Association of State Grazing Districts were encouraged by the news. 

“Agricultural producers have known all along that the Taylor Grazing Act was designed to reserve federal grazing for the stabilization of our industry and food production,” said Deanna Robbins, president of the Montana Association of State Grazing Districts. “It’s encouraging to see this administration recognize that intent and take steps to reverse what we believe was a bad decision.”

Montana Attorney General Austin Knudsen also applauded the proposal, noting his office has pushed for years to overturn the permits.

“Canceling the American Prairie Reserve’s bison grazing permit will help to protect the livestock industry and ranching communities in Northeastern Montana,” Knudsen said. “For over four years I have been urging the BLM to cancel the permit, and our work finally paid off.”

Knudsen said the Biden administration’s original approval shut out local input and violated federal grazing statutes designed to support working rangelands and ranching families. His office submitted formal comments, hosted a public listening session in Malta attended by more than 250 Montanans, and has challenged the decision in court since 2022.

A Long Appeals Process

The dispute dates back to 2021, when state agencies objected to BLM’s environmental analysis and proposed permit issuance. Despite those objections, BLM authorized the grazing change in July 2022. The decision was appealed to the Department of the Interior’s Office of Hearings and Appeals, where the matter remained unresolved for years.

In December 2024, the Gianforte administration filed suit in federal district court over the lack of a stay. In February 2025, the governor asked Interior Secretary Doug Burgum to assume jurisdiction and vacate the permits. In September 2025, Montana’s governor and entire congressional delegation again urged Interior to act.

Following the Secretary’s assumption of jurisdiction in December, BLM issued the proposed decision this week.

What Happens Next

The BLM decision is not final. A 15-day protest period is now open. If the decision is finalized, BLM says it would provide time for the orderly removal of bison from federal allotments.

If upheld, the move would represent a major reversal in federal grazing policy in northeastern Montana and a significant development in the long-running debate over the use of public lands for livestock production versus conservation-focused grazing.

Read the proposed decision here. 

Source: Western Ag Network