Poplar Couple Sues Fort Peck Tribes And BIA Over Mismanagement Of Fire In 2018

Plaintiffs Lanny and Kris Treasure of Poplar filed a complaint in U.S. District Court Wednesday, Aug. 26, that alleges the Fort Peck Assiniboine and Sioux Tribes for starting a 7,000-acre fire started a fire using a broken swather and further claims that the Bureau of Indian Affairs mismanaged fighting that fire.

Among the defendants in the complaint are the BIA, the Fort Peck Tribes, Dale and Doug Grandchamp and five others not named in the complaint.

According to federal court documents, Roosevelt County was under a local burn ban and the BIA was considering imposing Stage I fire restrictions on Aug. 28, 2018.

The complaint states that, on Aug. 31, the tribes were swathing hay on the Turtle Mound Buffalo Ranch northeast of Poplar. The swather, owned by the Grandchamps, was allegedly in poor condition and missing a wheel. The complainants further allege the tribes were operating it with no fire truck, water tender or fire extinguisher in the vicinity.

The swather allegedly started a fire that spread from the buffalo ranch to adjacent property and BIA fire crews responded.

The Treasures also responded in an attempt to prevent the fire from spreading north to their home.

According to court documents, the BIA incident commander, identified as “Casey,” told the Treasures to stay in the burned area, preventing them from fighting the fire unless they disobeyed the directive.

After the fire reportedly burned 75 to 109 acres, the Treasures and other neighbors asked if they should make another trip and return with more water.

The incident commander reportedly told them the fire was out and there was a water tender on the way, so he did not want them to return. The tender arrived as the Treasures were leaving.

The complaint alleges that the incident commander was new to the job and he left the fire site without assigning anyone to watch it overnight.

Although the incident commander had told the Treasures the fire was out, the BIA Fire Report stated the fire was merely “controlled.”

On Sept. 1, a neighbor notified Kris Treasure of smoke in the fire’s vicinity, and she called 911. The wind picked up and the flareup appeared out of control requiring Kris to call 911 a second time.

By the following day, the fire was roughly 15 miles long and three miles wide and had forced the evacuation of one residence.

The complaint states the original incident commander was relieved of command and a new IC took over.

According to court documents, the fire was not controlled until Sept. 17 and not out until Sept. 19. The fire burned more than 7,000 acres, approximately 3,100 of which were owned or leased by the Treasures, the complaint states. The fire also burned an additional 700 acres of grazing land and rendered wells