By Melanie Condon

If you are from the East Coast you may not be familiar with the greater sage grouse, but it has been making quite a bit of noise in the Western states, and not just because of its mating call.

Despite what you may think, the sage grouse is not an herbaceous spice or a national grassland area, it is a type of flightless bird.

In fact, the sage grouse has become one of the most important issues for the Department of Interior (DOI), Western land owners, the energy industry and environmentalists alike.

The story began in 2010 when the U.S. Fish and Wildlife Service (FWS) determined that the population of Western sage grouses was significantly declining from past years and may require federal protection. According to the FWS, the sage grouse population, which at one point was in the millions, is now estimated to be between 150,000-400,000.

Formally, a “protection” by FWS’s definition equates to a species being classified—based on the risk of extinction—under the Endangered Species Act (ESA). Such a classification carries with it various mandatory protections—dependent on risk level—for any areas in which the species’ habitat lies. A listing under the ESA also requires robust federal oversight into land management of the areas, which can often spark opposition from farmers and ranchers.

Because FWS delayed listing the sage grouse until other higher priority species’ listings were determined, the agency was brought to court by environmental groups. In 2011, after a lengthy court case, the FWS was mandated to further study the sage grouse and make a decision on whether to label it an endangered species.

This decision is due on Sept. 30, 2015. It is worth noting that a provision in the fiscal year (FY) 2015 federal budget passed in December, states that, “none of the funds … may be used by the secretary of Interior to write or issue, pursuant to section 4 of the ESA,” any rule related to the sage grouse. It is not yet known if this language will be included in the FY 2016 budget.

In 2011, sharing the goal of wanting to avoid listing the bird on the endangered species list, then-Secretary of the Interior Ken Salazar established a Sage Grouse Task Force , led by Wyoming Governor Matt Mead and Colorado Governor John Hickenlooper.

Over the past few years, through this task force and other avenues, the federal government has been working with Western states and interested parties to provide protections for the sage grouse in hopes that it will not have to be listed on the endangered species list.

Several Western states have taken their own action, in coordination with DOI, to protect the species. Wyoming established a program to restore habitat in the Powder River Basin, and Idaho is working with the Bureau of Land Management on wildfire prevention efforts to stop the destruction of sage grouse habitats.

On May 28, DOI released a suite of land management plans aimed at protecting the grouse while also attempting to be cognizant of the interest of ranchers, farmers and energy developers in the area.

Specifically, DOI’s plans include 14 land management strategies across 10 states that have been in development for three years. The strategies, produced in consultation with state wildlife management agencies, include three main themes:

• Fighting rangeland fires.
• Improving habitat conditions.
• Minimizing new or additional surface disturbances.

The plans address a number of the issues that FWS identified in 2010 when the agency first determined the sage grouse was deserving of federal protections. The strategies take a layered approach to management, providing the highest level of protection to the most valuable habitat.

Notably, the plans are only applicable to federal lands and would limit or eliminate any new surface disturbance in high priority areas. According to DOI, the “vast majority” of these federal lands that are within the priority sage grouse habitat have little to no potential for oil and gas or other energy development. As important, the plans could potentially allow for horizontal drilling into priority habitat areas, if this tactic does not disturb the surface.

Additionally, the plans will honor all “valid, existing rights, including those for oil and gas development, renewable energy, rights-of-way, locatable minerals and other permitted projects.” They also establish a “buffer zone” around areas where the male grouses gather for breeding, affecting about 2 million acres.

The plans are undergoing a 60-day Governor’s Consistency Review that began on May 28. This review will be followed by a 30-day protest period before the plans are implemented.

Responses to DOI’s land management strategy have been varied. The energy industry noted that the strategies limit the potential for energy development and the Natural Resources Defense Council stating the plans are a “huge step in the right direction.”

Melanie Condon is policy specialist for the Natural Resources and Infrastructure Committee in the Washington, D.C., office.

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