BLM cannot give preferential treatment to APR

Dear Editor,

American Prairie Reserve bought the Holzhey Ranch, which would be comprised of patented lands and appurtenant grazing allotment which had been adjudicated under the Taylor Grazing Act and the grazing permit was issued in recognition of that adjudication. The purchase included vested water rights on the patented lands and grazing allotment and should have also included “Department of Interior Bureau of Land Management Assignment of Cooperative Permits and Range Improvements” listing all fences and water improvements such as dams and reservoirs wherein Holzheys assigned all right, title and interest to American Prairie Reserve.

The Taylor Grazing Act (TGA) section one states that the secretary (of Interior) must grant rights of way to stockraisers that have "grazing rights" on the land within the districts. Only ranchers with water rights and range rights could get an "allotment" in the first place. Section 10 of the SRHA of 1916 (as amended 1929) only identifies 4 types of livestock for which "ranges" can be recognized "cattle and horses" and "sheep and goats". Bison do not meet the requirements necessary to entitle American Prairie Reserve to an allotment. There is not provision in law for a livestock grazing permit to transfer to “indigenous” Bison.

Water rights, ROWs, and range rights are PROPERTY RIGHTS specific to livestock. Federal law only recognized range rights for "cattle and horses" and "sheep and goats". First and foremost grazing districts (BLM) were created to "protect the rights of the stock growers therein"; Hatahley v. U.S. The land where the allotment is located was withdrawn into a grazing district recognizing the use of the land for livestock grazing. American Prairie Reserve wishes to “create the largest wildlife reserve in the lower 48 states. The land would have to be withdrawn from the cooperative state grazing district, which would require re-drawing the boundaries of the cooperative state grazing district and removing the land from the grazing designation and having it re-classified into a “wildlife reserve”; either by Congress or Secretary of Interior.

The BLM cannot give preferential treatment to American Prairie Reserve. The BLM cannot extinguish pre-existing livestock grazing rights and create a “wildlife” grazing right for “wild indigenous” bison; American Prairie Reserve’s request must be denied. American Prairie Reserve wishes to buy ranches comprised of patented lands and appurtenant adjudicated fee land grazing allotments. Note, the term “public land” implies land to which no private rights or claims have attached and is legally inaccurate as applied to the adjudicated fee land grazing allotment. The United States Supreme Court heard a case from the District of Montana and in Barden v. Northern Pacific Railroad Company; 154U.S. 288(1894) the Court held that “it is well settled that all land to which private rights or claims attach, is not public land.“ If the American Prairie Reserve wants to buy livestock ranches with adjudicated grazing allotments, then it must continue operating a livestock business with some class or classes of livestock that were recognized by Congress; the same as any other rancher.

Ron and Maxine Korman,

Hinsdale