Midewin_Bison_Pasture_Protocol.docx

Midewin Bison Pasture Protocol Railroad Bed Removal April 19, 2018

Due to the special circumstance that this project occurs within an active bison pasture, the following requirements and procedures must be planned for and included in the scope of this contract. Maintaining the security of the bison herd is of the utmost importance.

Currently there are approximately 60 bison occupying the pasture, with many of them expected to bear new calves within the next month. We will be unable to exclude the bison from the project work area. Past experience has shown that the herd will be curious about your presence but should not interfere with your ability to work and complete this project. Please also be aware that Midewin is not responsible for any damage to equipment caused by the bison’s curiosity that could occur when equipment is left on-site during non-work hours.

In order to contain the herd, all of the bison pasture gates are locked with a restricted lock and key. These gates must remain closed and locked at all times except when opened for entry and or exit. Failure to close and lock any gate is a violation of the Federal Code of Regulations, 36 CFR 261.7c.

The contractor shall be issued only one key for the duration of the project. Under no circumstance shall this key be duplicated. This key is government property and its use is covered under the terms of Title 18 USC-641. If that key is lost the contractor will be responsible for the cost of material and labor required to change all of the locks on all of the bison gates and to re-issue keys to all of the current key holders. The contractor will not be issued a new key until all of the locks have been replaced, meaning work will have to stop.

Additionally, we require that one individual from the contractor’s staff be assigned the primary duty of being the gate keeper, truck escort, and key holder. The objective is to reduce the possibility of the key being passed around to different drivers and being misplaced or misused. This person should be the only contactor employee that opens and closes the gate and must remain physically present at the gate each time it is open for any reason. Past experience has shown that when gate keys are passed around they end up lost and when gate keeping responsibilities are delegated, livestock escape. Midewin staff will also be monitoring the gates to ensure the protocol is being followed.

Although this requirement may add cost to the project, we cannot overstress the importance of containing Midewin’s bison herd. Due to their nature, bison are not as easily re-captured as other domestic livestock. The bison are government property with a monetary value of about $10,000 and up, per head, and the herd is highly regarded by the general public. Any accidental release would quickly be covered by the media with follow-up investigations by both federal and local law enforcement agencies. If any negligence is found during an investigation, any and all parties involved are subject to the corresponding legal ramifications. Ramifications could include restitution for any damage caused by the bison while loose, replacement costs for bison that cannot be re-captured, or criminal charges depending on the outcome of the investigation.

Midewin and our contractors must take every precaution necessary to assure that herd remains within the designated bison pastures.