Ag Secretary: Feds Not Liable For Damage Caused By 2013 Fire
SIOUX FALLS, S.D. (AP) — Ranchers and landowners in South Dakota and North Dakota who sought more than $50 million from the U.S. government for an out-of-control prescribed burn that torched over 16,000 acres will not be compensated, according to a letter written by the federal agriculture secretary.
The U.S. Department of Agriculture determined the federal government is not liable for damages caused by the Pautre Fire, which began as a 130-acre controlled burn set by the U.S. Forest Service on the Dakota Prairie National Grasslands in April 2013, according to a letter obtained Tuesday by The Associated Press from Agriculture Secretary Tom Vilsack.
Vilsack said in his letter last week to U.S. Sen. John Thune that 16 claims were filed following the fire that destroyed fences, bales of forage, buildings and trees and caused respiratory problems in some cattle on grazing land between Hettinger, in southwestern North Dakota, and Lemmon, in northwestern South Dakota.
Vilsack said while federal officials “deeply regret” losses suffered from the Pautre Fire, a review of the claims that totaled over $50.3 million found no liability on the part of the U.S. government.
The Forest Service relied on forecasts from the National Weather Service in Rapid City, South Dakota, which Vilsack said didn’t predict a much stronger cold front that later moved in.
“Although the weather reports in question proved ultimately to be inaccurate, the Forest Service relied on the best information available,” he wrote.
Landowners and ranchers say they’ve struggled with the costs of rebuilding fences and structures.
Todd Campbell, the executive director of the Grand River Cooperative Grazing Association, said he recently received a letter from the USDA, notifying him that the claim his association filed had been denied. His association, along with many of its members, lost acres of grazing land and miles of fencing
“Yeah, we’re pretty disappointed,” he said.
Thune said in a statement Monday night that he’s disappointed the USDA has “refused to acknowledge negligence and accept responsibility” for the fire.
Even though he said the federal government isn’t liable, Vilsack said the Forest Service has worked with ranchers to assist them. He said agency representatives repaired fences, provided grazing opportunities where possible and offered Forest Service allotments.
He said the Forest Service also made excess hay available and helped ranchers find other avenues of financial assistance.
Many of those who filed claims plan to meet this week and discuss how to proceed, Campbell said. Anyone whose claim is denied has six months to file a lawsuit against the federal government.
Campbell said ranchers plan to work with the South Dakota congressional delegation to figure out their options.
