Only one day remains before Wyoming’s 68th Legislature is scheduled to wrap on March 6. Legislators are racing to debate the last bills standing and committees are beginning to narrow down topics to address during the interim.
There’s been no shortage of drama in the waning days of the session, with both successes and setbacks for our conservation priorities. Read on for the latest and a look ahead to what we can expect after the legislature adjourns.
BUDGETARY PANDEMONIUM AND WILDFIRE RESTORATION FUNDING
The big story at the Capitol in the past week was the Senate’s decision not to pass a supplemental budget, throwing funding priorities across the spectrum into disarray. With Gov. Gordon’s supplemental budget request for wildfire restoration funding suddenly at risk, Wyoming faced a tough situation — and an impending onslaught of invasive grasses. Fortunately, forward-thinking legislators worked two separate bills to ensure funding for this critical restoration work.
The more straight-forward and generous of the two, Senate File 148, failed to pass Committee of the Whole in the House in time. But the other, Senate File 152, made it past both chambers for the governor to sign. SF152 is a classic compromise: It falls short of the original $130 million request, but will allow the Wyoming Wildlife and Natural Resource Trust to distribute nearly $50 million in grants (not loans!) to combat invasive weeds. We are grateful to everyone who got this money out the door — and more will surely be needed when the legislature reconvenes next year.
GOOD-TURNED-BAD ROOFTOP SOLAR BILL FAILS IN THE SENATE
Hot off the press! Last night, after a lengthy debate and four new amendments from the Senate, House Bill 183 met its demise in a nail-biting 15–16 vote. The death of this bill means that no significant changes to the state’s net metering law will pass the legislature this year.
Rooftop solar advocates and customers can expect another year of retail-rate net metering. While it was disappointing to watch this well-intended bill take a turn for the worse, the strong bipartisan and community support rooftop solar received shows how far we’ve come. For the first time in nine years, we saw promising attempts at a compromise and made surprising alliances that will hopefully push us towards a better bill in years to come.
Thanks to all our supporters who spoke up in favor of rooftop solar this session — legislators noticed and it made all the difference in this debate!
DEAD BILLS: A MIXED BAG
Sometimes legislative deadlines work in our favor — other times, not so much! Last week, several bills met their end for failing to be reported out of committee or pass Committee of the Whole in their second house. One of these was House Bill 118, a terrible bill for public lands and private property rights. The death of HB118 is good news: It means that willing entities can still pursue land exchanges and sales with the federal government, creating opportunities to expand public land acreage and access in Wyoming.
Unfortunately, these deadlines cut both ways. Two bills we had high hopes for — Senate File 99 and Senate File 139 — went out with a whimper. SF99 would have improved financial stability for the Wyoming Game and Fish Department, while SF139 would have opened the door for common sense trapping reform that could keep Wyomingites and their pets safer. It was a disappointment to see these bills fall by the wayside and a reminder that sometimes it’s easier to kill a bad bill than pass a good one.
Thank you for sticking with us these past seven weeks! Each victory we celebrated would have been impossible if not for the steadfast engagement of citizens like you carving out time to write to your legislators on the issues that matter.
Now it’s time to catch our collective breaths and plan ahead for the interim, when we expect nuclear waste storage, renewable energy, and wildfire restoration to remain hot topics — among others! We’ll be sharing a Conservation Vote Report in the coming weeks for a deep dive on key legislation from this past session, so keep an eye out.
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It’s Week 6 of the state legislative session. As many bills fall by the wayside and others inch closer to the governor’s desk for a signature, our priorities for the remainder of the session are coming into stronger focus.
There’s plenty of important work still to be done. Read on for opportunities for action and our latest updates from Cheyenne, including developments on public lands, rooftop solar, and conservation project funding!
ANTI-PUBLIC LANDS MEASURES FAIL
We’re pleased to report that two legislative measures threatening Wyoming’s public lands met their ends last week. Senate Joint Resolution 2, which demanded nearly all federal public lands in Wyoming be turned over to the state, was defeated, revived, and then defeated again — this time for good! And Senate File 105, which would have eroded private property rights (and limited new public lands access) died when the Senate failed to consider it in time for a critical deadline.
While we’re celebrating this good news, the fight to protect public lands in Wyoming is far from over. We’re keeping our eye on other legislative threats and will keep you updated.
ACT NOW FOR ROOFTOP SOLAR
Last week, we asked you to take action on House Bill 183, which would encourage rooftop solar by making it easier for people across Wyoming (including ranchers, business owners, schools, and local governments) to invest in rooftop solar systems.
The committee didn’t make it through all the public testimony on HB183 last week, but they’ll pick up the discussion tomorrow at noon. If you haven’t sent a message in support of this bill, there’s still time to make your voice heard! Help move this important bill forward now. (If you already reached out to the committee, thank you!)
WILDLIFE & NATURAL RESOURCE FUNDING NEARS THE FINISH LINE
Every year, the Wyoming Wildlife and Natural Resource Trust brings a package of large-scale projects before the legislature for approval. This year’s package, Senate File 88, represents WWNRT’s biggest investment in Wyoming’s wildlife and natural resources to date. It includes important projects across the state, from wildlife crossings and cheatgrass treatment to rangeland restoration and watershed improvement.
This bill sailed through the House Travel, Recreation, Wildlife, and Cultural Resources Committee unanimously last Thursday before passing unanimously out of the House Appropriations Committee on Friday. Now it’s up to the full House of Representatives to approve this bill and send it to Gov. Gordon!
Your action continues to be vital for pushing good legislation forward, and stopping bad bills in their tracks. We can’t say enough how much we appreciate your thoughtful engagement — and thank you in advance for keeping it up until the session ends in just a few short weeks, on March 6!
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This month, the Bureau of Management unveiled its new plan for Greater sage-grouse. With the plan comes a ray of hope — both for the imperiled bird and the ever-diminishing sagebrush steppe ecosystem it depends on. Since the BLM manages more sage-grouse habitat than any other entity, actions taken on these public lands will have massive impacts across the West. The BLM’s final Greater Sage-Grouse Resource Management Plan Amendments serve as a new blueprint for how the agency will manage sagebrush habitat on behalf of sage-grouse, other wildlife, and a slew of other uses. What remains to be seen is if we can muster the political will to make this plan a reality and address the very real challenges facing an ecosystem in distress.
As the process leading up to this final plan has shown, there will always be competing voices saying that the BLM is using too heavy a hand, and those saying that the agency isn’t doing enough for sage-grouse. But what’s needed right now isn’t ongoing disagreement, nor delays. Research shows we’re hemorrhaging more than 1 million acres of functioning sagebrush habitat a year. Sage-grouse numbers are a sliver of what they were sixty years ago. To stem declines and retain this species on Wyoming’s wide-open landscapes, what’s needed right now is action.
With that in mind, let’s take a closer look at the plan — how we got here, what the plan does, and what we can expect looking ahead.
The long path towards a sage-grouse plan
Sage-grouse and the sagebrush steppe that sustains them are in trouble. Both have experienced steep losses, with populations of sage-grouse down 80 percent from 1965. Sage-grouse act as a bellwether for the overall health of the sagebrush ecosystem and their decline sounds the alarm for the future of these lands and the communities that depend on them. Without decisive action from the BLM to address growing threats, the bird’s habitat will be further compromised, resulting in rangewide sage-grouse population losses.
Here in Wyoming, we have been fortunate compared to other range states. Between Wyoming’s executive order that’s helped protect sage-grouse habitat with bipartisan support since 2008, climatic conditions that favor sagebrush, and a small human population, Wyoming’s sage-grouse populations have been more resilient than those in neighboring states. Nevertheless, Wyoming is not immune to the habitat loss and degradation laying siege to the Intermountain West and continued long-term declines in Wyoming are a concern. A comprehensive, West-wide sage-grouse plan from the BLM is wholly necessary and overdue.
The BLM has been trying to tackle this problem for going on 10 years. First petitioned for listing in 1999, the US Fish and Wildlife Service determined that Endangered Species Act protection for the Greater sage-grouse was warranted in 2010. This kicked off a massive effort between states and federal agencies — an effort in which Wyoming played a leading role — to create robust plans for protective management. The BLM’s first range-wide sage-grouse management plans rolled out in 2015 with strong bipartisan support from Western governors. In response to conservation measures in these 2015 plans, the USFWS determined the species no longer needed federal protection under the ESA. Unfortunately, these plans were never fully implemented as intended before the first Trump administration carried out revisions that weakened habitat protections to better favor industry. That revised plan was finalized in 2019, but was quickly blocked following litigation. Now, once again, the BLM is on the cusp of finalizing a plan for managing sage-grouse habitat. By building off the 2015 and 2019 plans, clarifying points of confusion, incorporating the latest science, and weighing input from varied stakeholders, the BLM has put forward a balanced approach to sage-grouse habitat management that honors the agency’s multiple-use mandate.
Greater sage-grouse populations across the bird’s range have declined precipitously since the 1960s.
What the plan means for Wyoming
This sage-grouse plan is truly staggering in its scope and detail, as you would expect for a document that amends land use plans for over 70 BLM field offices across 10 states. For Wyoming specifically, the plan introduces some significant new protections for the bird’s habitat to ensure development and industrial uses don’t come at the expense of sage-grouse. With about 97 percent of BLM lands in Wyoming classified as sage-grouse habitat — and almost half of that considered “priority habitat” — this is a big deal! Below are some of the standout provisions that would apply to sage-grouse habitat in Wyoming under the final sage-grouse plan.
Sage-grouse habitat designations used by BLM in the final Greater Sage-Grouse Resource Management Plan Amendments. These designations are based on maps provided by the state of Wyoming and mirror general habitat and core area classifications recognized by the state.
Priority Habitat Management Areas
This is the best of the best sage-grouse habitat and overlaps what the state of Wyoming has identified as sage-grouse “core area”. Just under half of the land BLM manages in Wyoming is classified as PHMA, at about 8.6 million acres. Under BLM’s latest plan, these are just some of the management guidelines that would apply in priority habitat:
Utility-Scale Solar: excluded; some exceptions
Utility-Scale Wind: excluded; some exceptions
Oil and Gas Leasing: no surface occupancy; some exceptions/modifications/waivers
Major Right of Ways: avoidance area unless specific conditions met
Priority Habitat Management Areas with Limited Exceptions
In reviewing the best available science, along with copious public comment, the BLM determined that select areas of priority habitat are of such exceptional quality and importance to sage-grouse that they warrant the highest level of protection. These are classified as “Priority Habitat Management Areas with Limited Exceptions”. One such area covering roughly 273,000 acres was identified in southwest Wyoming — the so-called “Golden Triangle,” which is home to the densest population of sage-grouse on Earth. This area overlaps the South Wind River Area of Critical Environmental Concern, or ACEC, included in the new Rock Springs Resource Management Plan, underscoring how irreplaceable this region of Wyoming is to a wide range of wildlife. The following noteworthy management guidelines would apply here:
Utility-Scale Solar: excluded; no exceptions
Utility-Scale Wind: excluded; no exceptions
Oil and Gas Leasing – no surface occupancy; no exceptions, modifications, or waivers
Major Right of Ways – excluded; some exceptions
Of note, the BLM considered designating this area and three others in Wyoming as ACECs in light of their significance for sage-grouse. However, partly in response to concerns voiced by Gov. Gordon, the BLM eliminated all ACECs from the latest proposed management approach we have before us.
Adaptive Management
The BLM is taking steps to standardize how it adapts management approaches when habitat and population measures dip too much, too quickly. The monitoring methods identified to inform this adaptive management, such as the Habitat Assessment Framework and Targeted Annual Warning System, are intended to create a consistent, rangewide system that catches problems before they snowball out of control. Engagement by the states in this process — especially through the free sharing of data — is critical. As the wildlife professionals responsible for sage-grouse management, each state game and fish agency oversees lek counts in the spring to gauge population levels. Having Wyoming and other states participate meaningfully is for the collective benefit of understanding how the bird is doing across its range and will allow closer examination of circumstances on the ground when areas of concern are flagged.
Where do we go from here?
Additional review of the plan is required between now and January, when a “Record of Decision” could be issued and the plan can take effect. This includes a 30-day protest period for the public and a 60-day consistency review carried out by Governors in affected range states. The BLM has signaled its commitment to getting this plan finalized expeditiously, but time is in very short supply.
Overview of the NEPA process with star denoting where the BLM’s new sage-grouse plan currently stands.
After years of setbacks, it is tantalizing to see so many positive conservation measures enshrined in BLM’s new proposed sage-grouse plan. As sagebrush country faces growing threats — including a quick-moving onslaught of invasive annual grasses that cause more frequent, larger, and hotter wildfires — the time for inaction is gone. Here in Wyoming, where the health of private and public lands are intertwined and vital to the future of our communities, the benefits of smart, protective management on our public lands are far-reaching.
Unfortunately, as is the case for several actions taken in these final months of the Biden Administration, Trump’s ascendency in Washington threatens to undo a lot of this good work. Whether we see attempts to scrap the plan outright, aggressive lawsuits from multiple corners, or yet another plan rewrite, we can be sure of attacks on what the BLM has put forward. We will do all we can to push for science-based solutions and support sage-grouse conservation in the coming storm and seek allies anywhere we can find them. Neither these birds, nor the hundreds of other species they share the sagebrush biome with, have the luxury or capacity to despair in the face of mounting threats and dwindling habitat. They merely soldier on with an inextinguishable will to survive. It is up to us to do right by them and keep fighting on their behalf.
Wyoming is renowned for its wide-ranging ungulates and boasts the most extensive migration corridors left in the Lower 48. However, maintaining connectivity in these corridors requires maps of animals’ seasonal movements — it’s darn near impossible to protect critical habitat if you don’t know where it is!
Thankfully, the Wyoming Game and Fish Department is now making moves to formally recognize and share maps for the Upper Wind River Mule Deer Migration Corridor.
These incredible mule deer migrate through some of our wildest places, including the Wind River Basin, the Gros Ventre, Absarokas, and Grand Teton National Park. But development on private lands is one of the chief threats to this migration, according to WGFD biologists’ threat evaluation.
To ensure Upper Wind River Mule Deer have the connected habitat they need to survive and thrive, we need a map of their corridor to direct conservation efforts where they’ll do the most good. If you’d like to see this and other migration corridors mapped, the agency needs to hear from you!
Write a comment in support of mapping this migration
We know from past experience that public support matters when it comes to migration corridors. It is up to us to show the state that Wyomingites overwhelmingly support the sharing of data and mapping of migration corridors.
Your comments can be brief and speak to your connection to Wyoming’s mule deer — the more personal, the better! You may also want to touch on the suggested points below.
Support for habitat mapping and data sharing: We can’t hope to protect habitat for deer that migrate through the Upper Wind River Valley without having a clear picture of where their migration corridor is. I am grateful to our biologists for mapping this migration and fully support this migration corridor being formally recognized and shared with the public.
In favor of funding for habitat improvements: Given the pressures these deer face on private land in the Dubois area, I recommend that Wyoming Game and Fish Department ask that this migration corridor be prioritized for funding through the USDA’s Migratory Big Game Initiative. The more we can do to fund habitat improvements in this migration corridor, the better.
Enthusiasm for mapping this corridor and others: It is heartening to see new migration corridors being mapped and shared with the public. In addition to formally recognizing the Upper Wind River Mule Deer Migration Corridor, I strongly encourage biologists to do the same for other migrations around the state.*
*Many migrations would benefit from being formally recognized, including Wyoming Range mule deer, Carter Mountain pronghorn, Shirley Basin pronghorn, Clarks Fork mule deer, and Upper Shoshone mule deer. If you have a personal connection to any of these, feel free to include that in your comment!
Your voice makes a difference! Will you urge the Bureau of Land Management to take assertive action to save the Greater sage-grouse and Wyoming’s unmatched sagebrush habitat? Find suggested talking points to help you write your comment below.
It’s no secret that the Greater sage-grouse, a symbol of the West’s sweeping sagebrush landscapes, is imperiled. Dire statistics on habitat loss and dwindling populations — echoed across studies and countless articles — paint a sobering picture for the beloved bird:
“Remaining sagebrush covers less than half its historic extent.”
“We are losing 1.3 million acres of sagebrush annually.”
“Sage-grouse populations have declined 80% since 1965.”
“Greater sage-grouse numbers have been cut almost in half over the past 20 years.”
From the heart of sagebrush country in Wyoming, where the ravages of invasive annual grasses and wildfire have yet to create the mass devastation they have in places like Nevada, it can be hard to comprehend how precarious the situation has become. But unfortunately, Wyoming is not immune to the threats eating away at sage-grouse populations and their habitats. Our state stewards the lion’s share of the world’s remaining sage-grouse and sagebrush — all the more reason to confront these threats head-on.
Of course, Western states have worked collaboratively for years to counteract threats and stave off an endangered species listing (read more here), but it’s clear more needs to be done to support sage-grouse. Fortunately, the Bureau of Land Management is now in the process of updating sage-grouse management plans across the whole of the bird’s range. What does this process mean for us? It means we have a chance to encourage strong action from the agency that manages more sage-grouse habitat than any other, including about 18 million acres right here in Wyoming.
The sagebrush steppe is home to a rich tapestry of over 300 species. How the BLM manages sagebrush habitat has far-reaching implications for an entire ecosystem of plants and animals that need our help, including pronghorn, mule deer, pygmy rabbits, ferruginous hawks, sage thrashers, parasol buckwheat…. The list goes on! As go the sage-grouse, so go our Western rangelands and sagebrush dependent species — which is why it’s imperative the BLM take assertive action to protect sage-grouse and shore up the best remaining sagebrush habitat with this plan.
We can all play a role in guiding the agency to do just that. The BLM is accepting public comments through June 13, and your comments have the power to shape the final plan the BLM adopts.
In addition to sharing your personal connection to sage-grouse and the sagebrush ecosystem in Wyoming, you can also can urge the BLM do the following:
Grant Wyoming’s irreplaceable sage-grouse habitats the strongest protections. Wyoming is home to over a third of the world’s sage-grouse population because it contains the best remaining habitat. Chief among these, the Golden Triangle in southwest Wyoming boasts the densest populations of sage-grouse on the planet. The unmatched habitat in the Golden Triangle should be granted the strongest possible protections.
Direct development away from healthy habitat. There are many demands on BLM lands, but there is also ample acreage available to meet those demands. Infrastructure and energy development should be directed outside of Priority Habitat Management Areas to ensure sage-grouse are afforded the quality habitat they need to thrive.
Rely on the best available science to guide management decisions. Efforts to conserve the sage-grouse and its habitat can best be achieved by taking advantage of the latest research and science. The final management plans should lean heavily on the wealth of new data available to allow nimble, adaptive management responses to aberrant declines in sage-grouse populations across jurisdictional boundaries.
Maintain gene flow and habitat connectivity. Wyoming has the most robust population of remaining sage-grouse, but we shouldn’t keep all our eggs in that one basket. Critical connectivity areas, on the Montana border in northeast Wyoming and on the Utah border in southwest Wyoming, must remain open to allow for gene flow and dispersal between Wyoming’s populations and those in neighboring states.
Take bold action to conserve the habitat sage-grouse rely on. Western states, federal agencies, and private partners have been working together for over a decade to halt sage-grouse population declines, yet population indicators show we are losing this bird across its broader range. Because of this, stronger conservation measures should be adopted at every turn when weighing various management actions.
IMAGINE THIS: It’s spring in Wyoming’s Red Desert, and daybreak unfolds around you. As the sun crests the horizon and illuminates mile upon mile of open sagebrush country, the songbirds’ dawn chorus reaches its crescendo. Sage thrashers and Brewer’s sparrows sing their hearts out. At intervals, the resonant “wups” of displaying Greater sage-grouse join in. Far in the distance, bands of mule deer amble along a well-worn game trail, browsing their way towards summer pasture as the snows recede. A pair of ferruginous hawks wheel overhead in the brightening sky.
It’s a scene that has played out largely unchanged for millenia. Whether today, 100 years ago, or 10,000 years ago, people have experienced the vastness and natural bounty of the Red Desert. These days, as wildlife and the lands they rely on are increasingly whittled into the margins, fewer and fewer places on Earth can offer the same. The Red Desert’s immense territory of sagebrush is a precious thing, supporting groups of species you can’t find many places in North America anymore. It is worth our time and toil to keep it whole and healthy for those who come after us.
Thankfully, we have a brief opportunity to make a big impact. With the revision of the Rock Springs Resource Management Plan by the Bureau of Land Management, the managers who oversee land use in the Red Desert are reassessing everything. The agency will carefully weigh public comments as it decides how best to manage these lands for decades to come. If we want to uphold the Red Desert’s extraordinary wildlife legacy, now is the time to speak up in favor of management directives that will help conserve the area’s exceptional natural resources.
Image: Ken Driese
The BLM is choosing between management actions that will make a real difference to the wildlife that depend on these lands for their survival. Whether you want to see the world’s longest mule deer migration persist, provide desert elk with safe birthing grounds, ensure better nest success for hawks and eagles, or see the most densely populated Greater sage-grouse habitat on the planet protected, your input during this process is critical. With foresight and careful management, generations of people and animals yet to come will be able to experience the Red Desert much the same as those who came before. The opportunity to make that careful, balanced management a reality is here — and it is up to us to speak to the values we hold dear on this landscape.
THE YEAR 1988 FEELS LIKE A LIFETIME AGO. At the time, the Berlin Wall was still standing, over a million acres in the Greater Yellowstone burned to the ground, and the legal drinking age in Wyoming was 19. It was also the last time the Bureau of Land Management updated the rules that govern its oil and gas leasing program. That’s 35 years without major revisions — which has resulted in an outdated program that threatens the agency’s ability to manage public lands in a way that protects all the uses, including conservation and wildlife values. Thankfully, in July 2023, the BLM took the first steps to change that, publishing a new draft rule to bring its oil and gas leasing program into the 21st century. The rule includes timely improvements that will benefit our public lands and the people of Wyoming in several ways.
The first change is an issue that is close to my heart as the Outdoor Council’s wildlife and public lands advocate. The draft rule takes strides to steer leasing away from lands with little to no potential for oil and gas so that places with important habitat and recreational values can be better managed for those resources. Here in Wyoming, we are blessed with some of the greatest wildlife habitat, blue ribbon fisheries, and untrammeled open spaces in the lower 48. Many of us who live here rely on this surrounding bounty and wouldn’t have it any other way. Unfortunately, when parcels of public lands are proposed for leasing without taking their actual energy potential into account, it allows land speculators to tie up these lands for years, making it difficult for the BLM to manage for other uses, including habitat conservation and recreation.
For example, areas surrounding Seedskadee National Wildlife Refuge and much of the Red Desert are beset with leases on lands with little to no potential for oil and gas development. Both places have phenomenal value for wildlife and recreationists alike, supporting large herds of ungulates, dense populations of Greater sage-grouse, and opportunities for solitude undreamed of in most of the country. By using new criteria that favor leasing land close to existing development and deprioritizing land with important natural and cultural resources, the new rule better equips the BLM to protect the qualities that make Seedskadee, the Red Desert, and other public lands exceptional.
By using new criteria that favor leasing land close to existing development and deprioritizing land with important natural and cultural resources, the new rule better equips the BLM to protect the qualities that make Seedskadee, the Red Desert, and other public lands exceptional.
In parts of Wyoming where oil and gas leasing and drilling does occur, the new rule would better protect taxpayers and ensure companies pay to clean up after themselves when operations cease. Importantly, the new rule raises federal bonding rates for the first time in decades. At current rates, it’s cheaper for companies to walk away and forfeit the money they put down on a bond rather than plug and reclaim wells. Updated bond rates in the new rule would help quash the orphaned well crisis, protecting the public and promoting landscape health. Moreover, the new rates set forth match those Wyoming has had in place for years to drill on state-owned lands, demonstrating that oil and gas companies can afford to pony up adequate funds for clean-up as part of the cost of doing business.
The new rule would also help Wyoming taxpayers receive a fair return on development taking place on our public lands by modernizing royalty rates, rental rates, and filing fees to reflect the economic realities of today. A 2019 analysis conducted by Taxpayers for Common Sense found that taxpayers lost an estimated $120 million in rental revenue between FY2010 and FY2019 from oil and gas leasing on federal lands in Wyoming, due to previously outdated rental rates. If companies are going to reap the rewards of drilling for oil and gas on public lands, they should be compensating the public properly. The new rule, with provisions to increase royalty rates from 12.5% to 16.67%, will ensure just that.
We all know that oil and gas development plays an important role in Wyoming’s economy and is one of the many uses the BLM manages for on our public lands. Given that, it is gratifying to see the agency moving forward with common-sense reforms that better serve the public and the lands it manages. We have a lot to protect in Wyoming — this draft rule helps us take another step in the right direction.
When it comes to the BLM’s oil and gas program, it’s high time we leave the 1980s behind.
On Monday, Feb. 27, 2023, the Wyoming Outdoor Council joined a number of organizations in calling on the Secretary of the Interiorto enact long-overdue oil and gas leasing reforms that were put forward by Congress as part of the Inflation Reduction Act. Finalizing these reforms will protect taxpayers from footing the bill for cleaning up drilling sites, protect wildlife habitat and areas with cultural and historic value, and stop “over-the-counter” noncompetitive lease sales at bargain basement rates.
Pay your way
Bond amounts required to cover clean-up costs for drilling on federal land have not been updated in more than 60 years. The Office of Government Accountability reported in 2019 that 84% of bonds, representing 99.5% of wells on Bureau of Land Management lands, would be insufficient to cover the cost of reclamation even in low-cost scenarios. Oil and gas companies can afford to pay the full costs of properly plugging and reclaiming wells sites and owe it to taxpayers to do so.
No ad hoc nominations
At present, the BLM’s “informal” nomination process allows any company to put forward any parcel of public land for leasing, regardless of the land’s potential to produce oil and gas or how valuable the land is for cultural resources and wildlife. Shifting to a “formal” nomination process could require strategic identification of which lands to make available for nomination ahead of time, upholding the agency’s charge to manage for multiple uses and protecting parcels with high cultural and conservation values.
Identify conflicts ASAP
Under a “formal” nomination process, there could be screens to identify conflicts with other uses, resources, and potential returns to taxpayers. Setting up routine screening with nationwide and state-specific criteria at the outset of the lease sale process would help the BLM identify which lands to lease.
No freebies
The Inflation Reduction Act did away with noncompetitive leasing, which for decades had allowed companies to pay rock bottom prices to lease public lands that did not receive bids at auction. Despite this, the recent Draft Environmental Assessment for the BLM Wyoming Second Quarter 2023 Federal Oil and Gas Lease Sale included a provision stating noncompetitive leasing would be allowed. Formal revisions to BLM regulations would put a clear end to noncompetitive leasing and create consistency among BLM offices and projects.
The Bureau of Land Management rang in the new year with a bang and has cued up a public comment doubleheader for two upcoming oil and gas lease sales. I hope you’ll take advantage of this opportunity to share your views on both sales with the BLM in one fell swoop!
First up, the newly proposed September lease sale would open more than 95,000 acres of public land to oil and gas development, 20 percent of which overlaps priority sage-grouse habitat. With sagebrush habitat in freefall, and ongoing sage-grouse population declines, we should be shoring up the best remaining sage-grouse habitat, not leasing it out for industrial development. Also of concern is a parcel directly adjacent to, and possibly overlapping, two Wilderness Study Areas (Alkali Basin/East Sand Dune and Red Lake) and 19 parcels in crucial winter range for mule deer, pronghorn, and elk.
I do have some good news to share: Thanks in part to public comments from people like you, the BLM issued an Environmental Assessment that could remove 80,000 acres of public land from the June lease sale, much of which was also in priority sage-grouse habitat. Now is the time to let the BLM know that we are in favor of these deferrals. That said, dozens of parcels are still being offered in priority sage-grouse habitat along with three parcels in Wyoming’s officially designated Baggs mule deer migration corridor. I encourage you to speak up on behalf of these conservation values on our public lands.
Your comments can be brief and highlight your own personal connection to the wildlife and landscapes in question. You may also want to highlight that:
The BLM has made previous commitments to avoid new surface disturbance in high priority habitat, yet both proposed sales include parcels that lie within this core sage-grouse habitat.
Across the West, we are losing 1.3 million acres of sagebrush habitat annually and the primary threat to sagebrush in Wyoming is development. Protecting core, healthy tracts of sagebrush habitat from disturbance is crucial to the ecosystem and benefits many other species of wildlife that depend on sagebrush.
More than 8 million acres of public lands in Wyoming are already leased to oil and gas companies, with 4.2 million acres sitting idle and undeveloped. Companies have ample opportunity for drilling without the BLM leasing additional parcels.
Comments on the September sale are due Jan. 19, and comments for the June sale are due Jan. 23.
Thank you for your commitment to the lands and wildlife that sustain us all!
The Bureau of Land Management has announced plans to lease more than 250,000 acres of public lands in Wyoming for oil and gas development in the beginning of 2023. Sage-grouse habitat is impacted on nearly every acre of the proposed lease sale.
Greater sage-grouse have declined across their range by 80% since 1965, and habitat loss is a significant driver in those declines. We are losing sagebrush habitat at a rate of 1.3 million acres a year throughout the West, but Wyoming is a bright spot, retaining more intact sagebrush habitat than any other state in the union. Wyoming has a valuable role to play in preserving sage-grouse populations and the sagebrush ecosystem by shoring up our remaining stretches of healthy habitat.
We at the Wyoming Outdoor Council believe the BLM should, at minimum, remove all parcels encompassing “priority” or “core” sage-grouse habitat from this sale — although offering any parcels within “general” sage-grouse habitat is also ill-advised. The development that we allow in Wyoming has far-reaching implications for the persistence of sage-grouse nationally, and staving off an Endangered Species Act listing depends on providing these birds the space they need on the landscape. Given the downward trajectory of sage-grouse numbers, we should not be offering up sage-grouse habitat for industrial development.
The BLM is accepting public scoping comments until Nov. 7 to identify issues that should be addressed in the agency’s environmental review. If you have a moment, send a brief, personal message to the BLM asking that sage-grouse core areas be removed from the sale. Sharing your concerns with the sale, and your personal connection to the wildlife and landscapes that will be affected, can help influence the agency to take conservation values into account.
In your comments, you may want to highlight that:
The vast majority of the proposed lease sale falls in sage-grouse habitat (205 out of 209 parcels). The BLM has made previous commitments to avoid new surface disturbance in high priority habitat, yet 70 of the parcels lie within this core sage-grouse habitat.
Across the West, we are losing 1.3 million acres of sagebrush habitat annually and the primary threat to sagebrush in Wyoming is development. Protecting core, healthy tracts of sagebrush habitat from disturbance is crucial to the ecosystem and benefits numerous other species of wildlife that depend on sagebrush.
More than 8 million acres of public lands in Wyoming are already leased to oil and gas companies, with 4.2 million acres sitting idle and undeveloped. Companies have ample opportunity for drilling without the BLM leasing additional parcels.
Thank you for taking the time to be a champion for our wild species and wild places. If you have questions, please reach out to Meghan Riley, the Outdoor Council’s public lands and wildlife advocate.
