Wyoming Archives — Page 2 of 7 — Wyoming Outdoor Council

SETTING THE RECORD STRAIGHT ON STATE OIL AND GAS LEASING: DIRECTORS’ MESSAGES ON RECENT PRESS, PT. 2 OF 2

Posted on July 10, 2024September 18, 2024 by Alec Underwood

Recent press concerning the Wyoming Outdoor Council’s efforts to protect critical pronghorn migratory habitat has caused a bit of a stir in certain circles — and we’d like to set the record straight with an important message for the WOC community and other Wyomingites.

In this second part of a two-part message, WOC’s program director, Alec Underwood, responds to biased reporting and industry perspectives on WOC’s involvement in the July 2023 oil and gas lease sale, and lays out the need for reforms. If you haven’t already, be sure to read Part 1: On the Media, in which executive director Carl Fisher lays out this recent experience with the media in greater detail.

Setting the Record Straight on State Oil and Gas Leasing

There’s that common saying, that wildlife don’t know political or human-made boundaries. The complicated matrix of Wyoming land ownership can vex people, too — making it all the more important that we work together to build common-sense plans and policies to protect our uniquely Wyoming values.

Wyoming is not immune to major challenges for wildlife and occasionally, we see the threat of short-sighted development that warrants bold action to prevent it. Recent articles penned by Cowboy State Daily reporter Pat Maio paint a misleading picture of WOC’s involvement in state oil and gas lease sales, while taking as fact the lone perspective of industry. In an effort to provide transparency and factual information to the public, we at the Wyoming Outdoor Council would like to set the record straight.

Though we are not against oil and gas leasing or other forms of industrial development, most people can agree that some places are just too special to develop. That was the case with ‘parcel 194’ in the Office of State Lands and Investments’ July 2023 oil and gas lease sale. The 640-acre tract of land is located squarely in a bottleneck portion of the Sublette Pronghorn migration corridor, a pinch-point that is vital to the herd’s seasonal movements.

Many Wyomingites know the story of how nearly 50 percent of the Sublette herd perished during the winter of 2023 — dropping from an estimated 43,000 animals to 24,000. That’s why we were alarmed when the state offered a development lease directly in this incredibly sensitive habitat for pronghorn. After raising our concerns with state leadership, the auction went forward with parcel 194 included, and without any stipulations in place to protect migratory big game. Left with no other options and the threat of future development in this sensitive habitat, we decided to participate in the oil and gas lease auction.

Parcels offered in OSLI’s July 2023 oil and gas lease sale, overlaid with migratory data for the Sublette Pronghorn herd. Each yellow line represents a single radio-collared animal’s journey between summer and winter range. Parcels offered are bordered in blue; parcel 194 is visible at the bottom of the image. *(Image: The Wilderness Society)*

We did not take this action lightly nor is it a standard practice for WOC. In our eyes, our bid was an effort to demonstrate that we could still produce revenue for our state while also preserving important wildlife habitat. It was not an effort to “drive up prices” or start a “bidding war,” as falsely mischaracterized in Cowboy State Daily’s articles. Regardless, we were not the high bidder for the parcel, and we turned our efforts toward the State Board of Land Commissioners, urging them not to issue the lease.

Despite having the support of both OSLI and the Wyoming Game and Fish Department for a new protective stipulation for the parcel, and hearing from hundreds of Wyomingites who wrote in opposition to leasing the ground in the first place, the Board issued the lease as-is — without any considerations for migratory pronghorn.

The story of parcel 194 represents a larger issue within the system of state trust lands: There is no clear alternative to protect key habitat or other values from development, while also respecting the mandate to provide revenue for state trust beneficiaries. Given there is great interest from the public in how state lands are used (think Casper Mountain or Munger Mountain), we hope our state leaders are listening and will commit to solving this very real problem.

The recent changes to defining “qualified bidders” in state oil and gas lease sales brings into question how the Board of Land Commissioners makes decisions on state lands leases. Take for example that according to testimony from OSLI in a February 2024 legislative committee hearing, only 27 percent of state land oil and gas leases ever make it to production. Does that sound like a system that is fulfilling the Board’s constitutional charge of optimizing revenue?

Also important to note, the Board has full discretion in their duty to protect and care for all state lands This includes the ability to withdraw lands to protect economic or environmental interests. In addition to what conservation groups may be willing to pay for protecting a parcel, what is the long-term value of protecting the most sensitive habitat for thousands of migrating pronghorn?

The Wyoming Outdoor Council has always been committed to finding common-sense solutions to any issue that we work on. That’s why we’ve been calling for increased screening for conservation conflicts before sensitive habitat is leased, as well as urging state leaders and OSLI to develop a formal conservation leasing program. We believe the state can, and should, do better to address these known conflicts with other values.

Oil and gas production on state lands is undoubtedly a primary driver of revenue for our schools and other public institutions, and we respect that. But that shouldn’t preclude us from discovering new avenues to conserve important habitat on state lands and monetize them for the beneficiaries in a sustainable manner.

Using a word recently penned to describe our advocacy, the real “shenanigans” being played are by those who, on occasion, would rather sell out our wildlife for short-term gains. Rest assured, we’ll keep seeking solutions and advocating for conservation of the things that make Wyoming such a special place. We invite anyone who cares about healthy landscapes, clean air, clean water, and wildlife to join us in those efforts.

Alec Underwood is the program director for the Wyoming Outdoor Council. He resides in Lander.

Banner Image: © Scott Copeland Images

YOU REALLY CAN’T BELIEVE EVERYTHING YOU READ: DIRECTORS’ MESSAGES ON RECENT PRESS, PT. 1 OF 2

Posted on July 10, 2024September 18, 2024 by Carl Fisher

In this first part of a two-part message, WOC’s executive director, Carl Fisher, lays out a recent experience we had with the media. Be sure to also read Part 2: On the Ground, in which program director Alec Underwood responds substantively on issues concerning parcel 194 and needed reforms for leasing of state lands.

You really can’t believe everything you read

For one Wyoming media outlet, the state’s Fourth of July celebrations must have fallen short, because it decided to set off some fireworks of its own. Unfortunately, their bombastic display was itself pretty short on substance — being composed instead of the sorts of fictions that only exist in the imagination. As such, the Wyoming Outdoor Council was the undeserving recipient of what you might describe as an industry hit job. The result? WOC will no longer respond to media inquiries from Cowboy State Daily, until trust can be restored and these issues resolved.

The issue erupted around a well-known news story from last year, about WOC going to great lengths to protect a state parcel within the Sublette Pronghorn migration corridor — including bidding on parcel 194. Subsequently, in this past Legislative Budget Session, an industry-initiated bill, HB141, directed modification of administrative rules defining what constitutes a “qualified bidder” in state oil and gas lease sales, and directed the Office of State Land and Investments to develop criteria for qualified bidders. The bill was passed and signed by the governor on March 8, 2024. From what we can tell, Governor Gordon recently put through an emergency order in an effort to enact the legislated policy (which had yet to take effect), due to pressure from industry and fear-mongering that “billionaires” and “activists” would wreak havoc on the auction. WOC, for one, had no intentions of this, and the media firestorm created by the Petroleum Association and Kirkwood Cos. could have been resolved with a simple phone call, as we frequently do for them.

For years, WOC and other wildlife and conservation organizations have had concerns about development of land, which lies directly in the path of migrating Sublette Pronghorn. These concerns became urgent in July 2023, when parcel 194 was put on the auction block for leasing. WOC did, in fact, legally bid on parcel 194 in last year’s July auction. WOC is not fundamentally against leasing for oil and gas, or the auction process for that matter. Just as oil and gas wishes there was better guidance around what constitutes a qualified bidder, we believe the state has an obligation to develop better guidance around which state parcels should be leased for development, and which should be protected for their importance for wildlife and other irreplaceable environmental attributes.

According to Cowboy State Daily, WOC “duped” oil and gas companies during this auction and our sole intent was to drive up costs, play shenanigans, and start a bidding war. The titles and subtitles of the articles were bad, really bad, and the accusations of the reporter about WOCs intentions were malicious. Here are the reporter’s own words: “There’s a lot of disdain, I’m finding out, for the Wyoming Outdoor Council because they’ve gotten to the point now where, I mean, theoretically, you know, if you’re taking leases out of the hands of oil and gas companies, that hurts education in Wyoming, right? Because a lot of that money, that royalty money goes directly to education.” We think Cowboy State Daily was duped into carrying water for industry in penning these biased and one-sided articles. The reporter’s own bias clearly comes through in his words.

Over the course of several days (July 4–8), four articles (three written and one video) were published. As the situation developed, I had a very pleasant call with the editor of Cowboy State Daily, who ultimately agreed to modify the headlines, bylines, and add an accompanying editor’s note, and I look forward to working with them over the coming weeks and months to build trust. On one hand, I sympathize: The issues we and media outlets work on are complex and require a level of policy wonkiness I wouldn’t wish upon most people. Expeditiously translating these into the public vernacular is more an art than a science. On the other, it is the job of the media to report the facts, and Cowboy State Daily is, as its name implies, a daily — meaning the damaging and false narrative that was perpetuated is impossible to unsee. I remind my staff that you can’t un-ring a bell, and that it’s virtually impossible to put a bullet back into the barrel. Honesty and integrity are vital to our kindling of the public trust and our way of accomplishing our mission.

The irony is that Cowboy State Daily’s accusations lack basic understanding of the system that is set up to fund schools and a dozen or so other entities that benefit Wyoming citizens. And to put a bid in during an auction naturally increases the cost for the next person. We’d welcome Pat Maio, Pete Obermueller, and Steve Degenfelder to any livestock auction in the state to show that this is common practice — it’s how auctions work. Further, if another energy company offered up $5 when the last bid was $3, you’d say they were “outbid.” Cowboy State Daily stated that WOC “duped” them. Even the Office of State Land and Investment acknowledged we did nothing wrong. So, it appears the energy industry concocted a media strategy to drag WOC publicly, and Cowboy State Daily took the bait — hook, line and sinker.

Pronghorn and natural gas infrastructure *(Image: Theo Stein / USFWS / FlickrCC)*

Our intentions in bidding on parcel 194 were two-fold. First, we wanted to protect critical habitat in a migration bottleneck. Second, we sought to demonstrate that conservation interests and values could monetize state lands for beneficiaries. WOC showed up with real money over three times the prior bid. We were proud to try, and sad we failed — not for ourselves, but for the Sublette Pronghorn herd. And at the end of the day, the beneficiaries of state land leases won the day, as they do at any competitive auction that generates revenue for critical programs. Let’s talk about what royalties could and should emerge from a conservation lease.

So, there is no mechanism for conservation leasing and a rule was just passed that clarifies who can bid on oil and gas lease sales. The amount of bellyaching and press that accompanies state protection of the oil and gas honeyhole — which is now less competitive — is pretty extraordinary. If you want to really generate some revenue for Wyoming’s beneficiaries, it’s time to make lease sales competitive again, and allow a diversity of monied interests to vie for these parcels, be it for energy, conservation, recreation, or one of Wyoming’s many other values in the land. The proof is right there in the pudding: They wanted to get it for $3/acre, we went to $18. Are we promoting auctions for the beneficiaries, or fire sales on Wyoming’s landscapes? We believe we can lease, monetize and protect.

Here’s my promise to the state and energy developers like Kirkwood Cos.: If they’re willing to give up the lease and protect the bottleneck, we’ll cut ’em a check, because we don’t believe you can put a price on the viability of this herd. We get it, energy development is critical to Wyoming, but so too are our wildlife, our water and air, how we manage and lease our land, and for whom. Human and natural systems are complex. Our solutions should not oversimplify the challenges, or else we’re shifting burdens to something else, sometimes unknowingly, but the worst of us do it knowingly and for our own benefit.

At the Wyoming Outdoor Council, we welcome your questions and opinions. As executive director, I encourage them. Your inquiries and ideas (whether from members, partners or media) improve our work. We work to answer them expeditiously, but if you don’t get an answer immediately, we respectfully request that you not fabricate an answer for us. Instead, politely try again, we’ll in turn, reciprocate. We will work to be solutions-oriented, innovative, not positional, pragmatic members of the communities to which we belong and call home.

We felt compelled to share this story because we don’t believe it to be a one-off. It was for me here at WOC, but I’ve heard a number of stories from within and beyond our organization. I look forward to straightening things out with Cowboy State Daily, and frankly with Steve Degenfelder and Pete Obermueller. For more information on what WOC did at the July 2023 lease sale on parcel 194 and what our motivations were, it’s important to read program director Alec Underwood’s piece On the Ground: Setting the Record Straight on State Oil and Gas Leasing.

Carl Fisher is the executive director for the Wyoming Outdoor Council, a statewide organization committed to protecting Wyoming’s environment and quality of life now, and for future generations. Our environment includes land, water, air, wildlife, vegetation, cultural resources, and people — past, present and future.

Banner image: © Scott Copeland Images

STAFF FAVORITES: CELEBRATING SUMMER ON WYOMING’S PUBLIC LANDS

Posted on June 26, 2024September 18, 2024 by Max Owens

Summer is here — and if you’re like us, the shift in seasons means it’s time for blissful days on the water, solitude in the high country, hikes through wildflower-blanketed meadows, and otherwise enjoying all that Wyoming’s public lands have to offer this time of year.

Fortunately, with public lands encompassing over half of Wyoming, you don’t have to look far to find your new favorite summertime spot. From way-out-there wilderness to easily accessible trails, crags, and waterways, the possibilities are endless. We asked our staff to share some of their favorite summer destinations across the state, to inspire you to get out there and celebrate Wyoming’s legacy of protected wildlands. Whether your adventures take you to old favorites or new ones, to the public lands in your backyard or further afield, happy summertime exploring!

EXPLORING THE WIND RIVER RANGE

Era Aranow, government affairs manager

Rugged cirques, rolling meadows, and stunning alpine lakes: the Winds have it all. (Including notorious mosquitoes … If you plan an early-season trip, come prepared!) For Era, choosing a single “favorite” destination does a disservice to this vast and diverse range — it’s the exploration that’s meaningful.

Fortunately, explorers have plenty of options to choose from. The range falls within two national forests (Bridger-Teton on the west side and Shoshone National Forest on the east) which encompass three wilderness areas. “It’s always a special feeling to pass that wooden sign and cross into the wilderness,” Era says.

In addition to the Bridger, Popo Agie, and Fitzpatrick Wildernesses, a part of the range’s eastern slope is protected by the Wind River Indian Reservation. In fact, the Eastern Shoshone and Northern Arapaho Tribes designated the Wind River Roadless Area to prohibit development on 188,000 acres of the Wind River Range in the late 1930s — nearly 30 years before the passage of the 1964 Wilderness Act.

Casting a line in the Wiggins Fork

John Burrows, climate and energy policy director

When the temperatures start to climb, it’s time to escape the lowlands and head to the mountains. “I’ll head up to Double Cabin Campground on the Wiggins Fork in Shoshone National Forest to cool off in the July heat,” John says. “It’s a great place to cast a line and a good starting point to explore the Absarokas.”

Just north of Dubois, this section of Shoshone National Forest holds plenty of opportunities, whether you’re looking to fish, boat, day hike, or backpack deep into the Washakie Wilderness.

Did you know? The Shoshone National Forest has roots as the oldest federally protected forest in the country. Its precursor was the nation’s first “forest reserve,” the 1.2 million-acre Yellowstone Park Timberland Reserve, which was designated in 1891 — part of a much-needed effort to prevent the destruction of the West’s remaining forests.

Family adventures in Dubois Badlands WSA, Dunoir SMU, and the Snowy Range

Meghan Riley, wildlife program manager

For Meghan and her family, the central perk of living in Dubois is an abundance of options for adventures close to home. For late spring and early summer hikes and wildflowers, you can’t beat the Dubois Badlands WSA. Highlights, she says, include spotting mule deer and bighorn sheep and visiting cottonwood and juniper oases set against a backdrop of beautiful red cliffs. But what the heck is a WSA, anyway? “They’re areas that Congress decided might warrant wilderness protection, but they weren’t quite sure yet,” Meghan explains. “The idea is to gather more data and information before either designating it as wilderness, or releasing it.” Because WSA’s are managed as wilderness, they often have qualities similar to those of designated wilderness, such as non-motorized recreation and opportunities for solitude.

For another backyard destination in mid or late summer, Meghan takes her kids hiking and backpacking in the Dunoir Special Management Unit of Shoshone National Forest. This 28,000-acre wildland northwest of Dubois features accessible front country terrain, but still has some wilderness qualities. “We can hike just three miles up the trail and find ourselves in the most beautiful wildflower-filled meadows,” Meghans says.

Finally, if she wants to travel further afield, the Snowy Range is a favorite spot. As a graduate student in Laramie, the Snowies, located in Medicine Bow National Forest, provided a welcome respite from the summer’s heat: “With its easy access and abundant wildflowers, it’s a beautiful place to replenish your spirit when everything dries out down low.”

A marmot in the Snowy Range, Medicine Bow National Forest

cool-water reprieves in Fremont Canyon and tongue river canyon

Carl Fisher, executive director

Carl’s first year on the job has seen him traveling to all corners of the state to meet with members and partners — and occasionally, he’s been able to sneak off with his fly rod to wet a line. The North Platte River’s Fremont Canyon, southwest of Casper, has been a frequent rest stop: With its spectacular granite walls, juniper-spotted hills, and, of course, clear, cold, trout-filled waters, the canyon offers excellent fishing with easy access.

Rather spend the day boating? The canyon is also popular with kayakers and canoers — and Alcova Reservoir is just downstream, too. Or, if you’re a rock climber, the canyon’s walls are dotted with hundreds of established climbing routes.

Another favorite of Carl’s is Tongue River Canyon in Bighorn National Forest, where the Tongue cascades through mountainous terrain dotted with pines and limestone spires. It’s a river he’s had the chance to fish with frequent travel partner Tyler Cessor, WOC’s development director — and the two are itching to get back!

Scaling Tensleep Canyon’s walls

Max Owens, communications manager

The pocketed limestone walls of Tensleep Canyon hold a special place in Max’s heart. And it’s not just because of the world-class rock climbing: “The expansive views of the plains at the foot of the Bighorns feel classically Wyoming,” he says. “And hiking down from the cliff through fields of lupine and balsamroot, and knowing that I get to do it all again tomorrow, always feels perfect.”

Bighorn National Forest is full of nearby hiking and backpacking options, too — including the spectacular trail to the summit of Cloud Peak, the highest point in the Bighorns. Did you know? This year marks the 40th anniversary of the passage of the Wyoming Wilderness Act, which designated the Cloud Peak Wilderness along with several other Wyoming wildernesses.

Scenic view of Tensleep Canyon in Wyoming with lush sagebrush in foreground and steep canyon walls in middle and background — Tensleep Canyon, Bighorn National Forest

Where are you headed to enjoy Wyoming’s public lands this summer? What are some of your favorite Wyoming destinations and activities? Let us know in the comments!

The 2024 Conservation Vote Report is here!

Posted on June 4, 2024September 18, 2024 by Era Aranow

It’s here — the 2024 Conservation Vote Report!

Each year, following the state legislative session, the Wyoming Outdoor Council publishes a report describing conservation-related legislation, as well as how state legislators voted on key conservation bills. In this report, we also share broader themes that emerged to provide insight into the general tone of the session from a conservation perspective.

The Outdoor Council supports accountable and transparent governance as an important part of protecting Wyoming’s environment and quality of life. We believe that informed and engaged citizens matter and that conservation is not a partisan issue — it is a unifying Wyoming value. That’s why we’re committed to providing educational materials like this vote report to help you, the citizens of this ecologically and culturally diverse state, engage in the legislative process throughout the year.

GET THE 2024 VOTE REPORT

This past session, we tracked 74 bills related to issues such as wildlife, energy, clean air and water, state revenue, carbon capture and sequestration, state lands, public land access, recreation, and economic diversification. We testified before committees, sent notes to the floor, and worked with diverse partners to support, oppose, or modify these bills.

While the 2024 Budget Session is behind us, legislative committees are already meeting around the state to draft bills for the 2025 General Session. Reflecting on the last session can help us celebrate successes, anticipate what may be coming, and reach out to legislators about important issues outside of session, when they are most available.

Building proactive relationships and having ongoing conversations with those who have been elected to represent you is the best way to realize our shared mission and goals. As such, we encourage you to reach out to your legislators, learn more about the specifics of their votes, and share what is important to you.

Your voice and your vote matter. We hope that you will exercise both of them this year.

SOS: Save our sage-grouse and the places they call home

Posted on May 23, 2024September 18, 2024 by Meghan Riley

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.

COMMENT NOW

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.

Will you take action today by urging the BLM to protect irreplaceable sage-grouse habitat in Wyoming? Your comments can be brief, but be sure to share your personal connection to sage-grouse and the broader Wyoming sagebrush biome. We’ve also shared some suggested talking points below to help you write your comment.

TAKE ACTION – COMMENT NOW

Deadline: June 13, 2024

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.

Wyoming is home to the largest, healthiest remaining swaths of sagebrush on the planet and your local perspective on how this habitat should be managed matters! Send your comment today urging the BLM to take assertive action to save the Greater sage-grouse and Wyoming’s unmatched sagebrush habitat.

Thank you for standing up for sage-grouse and all the creatures they share the steppe with.

Enhancing Protections for the Sage-Grouse: A Pivotal Moment for Conservation

Posted on May 10, 2024September 18, 2024 by Tom Christiansen

This opinion piece was originally published in the Casper Star Tribune on May 8, 2024 and is republished here with permission. See the original op-ed here.

In June 2007 then Wyoming Governor Dave Freudenthal called on the leaders of Wyoming’s industries, non-governmental organizations and government agencies to gather in Casper for his Sage Grouse Summit. It was an event he hosted and moderated on the stage at Krampert Theatre at Casper College flanked by Directors of BLM Wyoming, Wyoming Game and Fish Department, and the Wyoming Wildlife and Natural Resource Trust.

Freudenthal didn’t mince words, “The scientific picture is clear,” he said. “We need to roll up our sleeves and develop a plan to protect and restore core sage grouse habitat. We have a narrow window of opportunity to protect the grouse and prevent it from being listed as an endangered species,”

These words catalyzed policy-making efforts in Wyoming, often mirrored in other states, which were then largely incorporated into rangewide plans approved by the BLM and USFS in 2015. Cumulatively these plans provided the U.S. Fish and Wildlife Service with the basis to determine the Greater Sage-Grouse was not warranted for listing under the Endangered Species Act. Unfortunately, the plans developed in 2015 were never fully implemented.

After a 33-year career with the Wyoming Game and Fish Department, the last 15 years of which were as the state’s sage-grouse coordinator, I learned that this is about much more than just a bird. The problems associated with a breakdown in the health of sagebrush country resulting from massive wildfires, invasive plants like cheatgrass, woody species expansion, and human infrastructure and disturbance impacts all of us, here in Wyoming and across the West. These lands underpin the economies of our rural communities.

Using satellite imagery we’ve recently learned that we’re losing 1.3 million acres of functioning sagebrush habitat every year. And because the bird depends on healthy sagebrush habitat, the rangewide population of sage-grouse has declined 80 percent since 1965 and half of that decline has happened since 2002. Many of Wyoming’s populations have suffered less than those in some other states thanks to our soils and climate being better suited to growing sagebrush than other plants. And there have been short-term increases in some populations over the last two years thanks to less drought. But over the long-term all populations have declined in spite of the massive and well-intended efforts undertaken to prevent the need to list the species as threatened or endangered.

So, almost two decades after Governor Freudenthal convened stakeholders in Casper, the window to ensure a future for the bird is even narrower. But we have now an opportunity to course correct and realize a healthier future for this ecosystem. The BLM, which oversees 69 million acres of sage-grouse habitat across 10 states, and 18 million acres of land in the Cowboy State, is currently updating the prior plans using new science and input from its partners.

As I review the plan and discuss the issues with former colleagues I’ve come to the conclusion that it is now imperative that all of our collaborative conservation efforts shift from a sage-grouse focus to a sagebrush biome focus in order to more effectively address the threats facing not only sage-grouse but the entire ecosystem and those species, including human users, reliant on it. I implore the BLM to better incorporate this concept into their decision document.

Paramount to any plan must be a commitment to transparency and collaboration in managing the sage-grouse habitat. Open data sharing across administrative boundaries is essential in fostering an inclusive environment where scientists, policy makers, and the public can access and contribute to the ecological data that guide management decisions. This approach not only enhances the trust and cooperation among stakeholders but also strengthens the scientific basis for those decisions and provides defensible evidence of the successes and failures of management actions. With sound data incorporated into adaptive management tools like the Targeted Annual Warning System outlined in the draft plan, managers can quickly respond to threats such as habitat degradation or sudden population declines.

A male Greater sage-grouse with puffed-up chest in sagebrush landscape

Finally, there are some relatively intact landscapes that rise above others in terms of their value to sage-grouse and associated species. I support efforts to secure the most effective protections for these “best of the best” areas which are resistant to impacts like invasive species and resilient in their ability to return to good habitat after an impact such as wildfire. They are the cornerstones upon which the survival of the sage-grouse depends. Irreplaceable places, such as the Golden Triangle in western Wyoming, have such high biological value that these should have the highest level of protections.

The current proposal by the BLM to update its sage-grouse management plans is an important step forward. By focusing on strategic habitat management, implementing open data practices and advanced adaptive management tools, we can forge a sustainable path for the sage-grouse. This approach will not only benefit the bird but also the myriad other species and human communities that rely on a healthy sagebrush ecosystem. It’s a chance to reaffirm our commitment to conserving a vital part of our natural heritage thereby ensuring that we hand these natural resources in good condition to future generations.

Have questions about the BLM’s updated sage-grouse management plans? Send us an email or write a comment below.

Images: © Scott Copeland Images

A Wyoming guide to recent Bureau of Land Management rules and land use plans

Posted on April 29, 2024September 18, 2024 by Max Owens

Over the past year, the Bureau of Land Management has been busy with a bevy of rules that, once finalized, will impact public lands across Wyoming and the West. (You might remember hearing from us about the Public Lands Rule, Methane Rule, and Oil and Gas Rule — and you may have even written comments on these proposed rules.) Now, it seems April is the month that all these efforts have begun to bear fruit: With near-weekly announcements of finalized rules, it’s certainly been a busy time for the agency. And, I’ll add, for anyone trying to keep up!

Fortunately, these new rules contain plenty of conservation victories worth celebrating. But we can’t blame you if keeping them straight has led to some serious head-scratching.

To add to the confusion, the publishing of these rules has happened alongside the comment periods for additional BLM land use plan revisions and proposed rules. (With any luck, we’ll have even more to celebrate when the Western Solar Plan, Rock Springs Resource Management Plan, and updates to the rangewide Greater sage-grouse plan are finalized.)

Whether you’ve been closely following the news, are just tuning in, or are one of the many WOC supporters who shared comments with the BLM, this quick guide will help you get a handle on the agency’s recent activity — and what each of these rules and plans means for Wyoming’s public lands and wildlife.

RECENTLY FINALIZED BLM RULES

PUBLIC LANDS RULE

The Public Lands Rule adds conservation to the list of multiple uses allowed on public lands, placing it on equal footing with uses such as grazing, energy development, and recreation. It does not prevent oil and gas drilling, mining, or grazing on public lands — but it does enshrine protection and restoration as necessary components of responsible management. In doing so, our wildlife habitat, areas of cultural importance, water quality, and landscape intactness all stand to benefit.

The BLM manages 18.4 million acres of land across Wyoming — nearly one-third of the state. While drought, wildfires, and decreasing land health threaten these lands, the Public Lands Rule provides a cohesive framework for implementing conservation measures to address these threats and slow negative impacts from climate change — while continuing to manage for the many uses of these lands that allow Wyoming communities to thrive.

OIL AND GAS RULE

The most significant update to oil and gas leasing on federal lands in decades, the Fluid Mineral Leases and Leasing Process Rule directs development away from lands with little to no potential for oil and gas — thereby allowing better management of places with important habitat, recreational values, and cultural resources. It also ensures that companies set aside more money to plug wells after drilling, which is significant considering that previously, required clean-up money would have covered the cost of fewer than one out of 100 wells. These common-sense reforms, that follow in the footsteps of state policy, are a win for the health of Wyoming landscapes and for Wyoming taxpayers, as increased oil and gas royalty rates will result in better returns for Wyomingites and fund vital public services.

METHANE RULE

This rule aims to reduce emissions of methane, a potent greenhouse gas, from oil and gas operations on public lands. Also known as the Waste Prevention Rule, it updates regulations more than 40 years old by requiring oil and gas operators to take reasonable steps to prevent wasted methane during operations such as venting and flaring. The reduced emissions will benefit Wyoming’s air quality, and conserved methane will be available to power homes and industries. Through additional required royalty payments on natural gas emissions that could have been avoidable, the rule will also ensure Wyoming taxpayers are fairly compensated for natural gas that is unnecessarily wasted during production.

(Note: While similar in aim, this rule is separate from the Environmental Protection Agency’s final methane rule, which was published in December 2023. BLM’s rule curbs wasted methane on federal and Tribal lands and will go into effect this summer, while EPA’s sweeping rule curbs methane emissions on both public and private lands and will take several additional years before it is enforceable.)

RECENT BLM PLANS OF NOTE, YET TO BE FINALIZED

UPDATED WESTERN SOLAR PLAN

This region-wide plan (also known as the Solar Programmatic Environmental Impact Statement) will identify the best locations across 11 Western states for future utility-scale solar development on federal lands, along with areas that should be closed to solar. By proactively screening for wildlife, sensitive habitats, cultural resources, and other values and resources, it aims to reduce foreseeable land use conflicts. Our climate future depends on the addition of renewables to our energy portfolio — and the Western Solar Plan represents an opportunity to ensure solar doesn’t come at the cost of our iconic wildlife and other Wyoming values.

The Western Solar Plan is currently in draft form, and the period for comments on the plan concluded earlier this month. If you wrote to the BLM in favor of responsibly sited solar in Wyoming, thank you! Read WOC’s Western Solar Plan comments here.

Updated Greater Sage-Grouse Management Plan

Building off the BLM’s 2015 and 2019 plans for Greater sage-grouse, this plan enhances protections for this most-loved of Western birds — a prominent symbol of the threatened and ever-diminishing sagebrush biome. Drawing on ample new data and research, the update covers 77 resource management plans across 10 Western states, including Wyoming. Because the BLM manages the vast majority of Greater sage-grouse habitat on the continent, it is imperative that the agency takes bold action with this plan revision to shore up remaining, quality habitat and stave off further declines. As we dive deeper into the plan’s management alternatives, count on us to keep you informed and keep your eye out for opportunities to speak up for sage-grouse protections. Wyoming is the beating heart of the sagebrush biome and what happens here has outsize implications for the bird’s future, so your participation and local knowledge will be of added benefit to the agency. The plan is currently in draft form, with a public comment period ending June 13.

Rock Springs Resource Management Plan

A plan nearly 12 years in waiting, the Rock Springs Resource Management Plan outlines how much of the northern Red Desert — including the Big Sandy Foothills, Adobe Town, and more — will be managed for the next 15–20 years. The draft plan favors conservation of the Red Desert’s extraordinary habitat, cultural resources, and wide-open spaces while protecting opportunities for recreation. In December, WOC represented conservation on a task force convened by the governor to form consensus recommendations for the BLM alongside livestock, oil and gas, sporting groups, and other interests. Much common ground was found as we defended the Red Desert’s key landscapes from potentially damaging proposals.

There’s a good chance you heard and answered our calls to advocate for the Red Desert’s treasures. The public comment period on the draft RMP ended in January, and we’re confident that your passionate advocacy will result in a strong final plan. Thank you for your many supportive comments.

THANK YOU

As time marches on, it’s essential that we continually revisit, refine, and revise the rules and plans guiding management of our public lands. The items listed above are the finalized and in-progress products of this important process. They represent the modernizing of old policies that often had the effect of undermining conservation interests. They are also significant strides towards more proactive management of our public lands.

Importantly, the true value of these rules and plans lies with the public input that helped to build them. They are valuable because people like you spoke up — people who care for, understand, recreate or work on, live near, and love these public lands. As these frameworks for management move from draft stage to final rule or plan, we can’t thank you enough for your support and advocacy. Wyoming’s public lands are better for it!

Have lingering questions about recent BLM rules and land use revisions? Send us an email or write a comment below.

Post-session wrap-up and what’s next

Posted on March 26, 2024September 18, 2024 by Era Aranow

When I last wrote to you on March 11, the House and the Senate had just adjourned. As of this past Saturday, all bills that made it to the governor’s desk have been signed or vetoed. We’re now in that brief, beautiful pause between the end of the budget session and the start of interim meetings. Thank you for following along and making your voice heard. We hope you continue to do so!

When we began this frenetic budget session in mid-February, 366 bills and resolutions were numbered for introduction. 125 of these made it through both chambers of the legislature and onto the governor’s desk. Of those, Gov. Mark Gordon vetoed eight, signed 109 into law, and let four become law without his signature. In the coming weeks and months, agencies will create the rules to implement these new laws. Most will go into effect on July 1, 2024, though some will go into effect sooner.

Below you’ll find a bill-to-law infographic that shows where some key conservation bills ended up. We’ve also listed some of the bills that have been signed into law or died since we last wrote. (To find out more about bills we’ve covered previously, read past Legislative Lowdowns at our State Legislature webpage.)

Themes from this year’s session included pushing back on the feds, concerns about utility rates and reliability, and reducing regulations, among others. Later this year, we’ll share our Conservation Vote Report, which will dive deeper into these themes and others — keep an eye out for it.

KEY BILLS THAT ARE NOW LAW

SF01, HB01 | 2025-2026 Biennial Budget

While passing a budget was the session’s primary goal, this year it was hardly a sure thing. The budget process was contentious, with late nights of discussion and over 300 amendments! Ultimately, a compromise budget (landing nearly halfway between what the House and Senate proposed) was passed by a slim margin in the final hours.

The budget was then sent to Gov. Gordon, who made line-item vetoes before signing it this weekend. The Legislative Service Office reported spending at $11.3 billion, with $3.4 billion coming from the General Fund (tax dollars) and the rest coming from the federal government and various state savings accounts.

Among the provisions that made it through were funding to staff state agencies that influence conservation; money to fight invasive grasses; and money to support both the state and local governments in finding and securing grants.

The sale of the Kelly Parcel directly to the federal government remains in the budget, but so do stipulations on its sale, the most concerning of which ties the sale to specific actions in the Rock Springs Resource Management Plan. We sincerely hope that the Governor can exercise his authority to ensure the sale goes through unencumbered by these stipulations.

HB36 | Natural Resource Protection Act | Opposed

This “fight the feds” bill attempts to give the governor the power to decide if federal laws or regulations regarding land management do not comply with federal laws — a role that, constitutionally, belongs to the federal courts. If the governor declares a federal action to be unlawful, the bill would prohibit state employees or funds from being used to enforce it.

SF114 | Contractor license-reciprocal recognition requirements | Supported

This bill requires local governments to grant reciprocity to contractor licenses and sets standards for these licenses. There are a number of federal grant programs that could benefit Wyoming’s residents and workforce if we had the contractor capacity. For examples, the Home Energy Rebates programs could bring over $70 million in to support Wyoming residents and businesses with upgrades that lower utility bills and increase efficiency.

KEY BILLS THAT ARE NOW DEAD

SF13 | Federal land use plans-legal actions authorized | Opposed

This “fight the feds” bill would have provided the state legislature $75 million in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” Gov. Gordon vetoed this bill because it “represents a clear attempt to cross, blur, and trample the line of separation between our equal, but separate, branches of government” and because “it is not fiscally conservative.” Read the full veto letter here.

SF44 | Limited Mining Operations-Amendments | Oppose

This bill would have expanded the types of small mines that do not require a full mine permit under section 401 of the Environmental Quality Act. This would mean less oversight from the Department of Environmental Quality and no public comment requirements on new Limited Mining Operations that could now include gold, lithium, and rare earth metals in addition to the already exempted sand and gravel. Gov. Gordon vetoed this bill because its final version limited the state’s ability to generate revenue and gave state decision-making to the counties. You can read the full veto letter here. We anticipate that expanding Limited Mining Operations will be a focus of the Minerals committee during the interim.

For the final status of bills WOC has been following that are now law, click here. For the final status of bills WOC has been following that died, click here.

WHERE ARE WE HEADED?

On April 1, the Management Council will meet to assign topics to interim committees who will meet several times across the state throughout the year to learn about these topics and consider bills for the 2025 general session. These committee meetings are an excellent time to have your voice heard by testifying in person or via Zoom. You can find meeting times and agendas, sign up to testify, and watch meetings live on YouTube all on the legislative calendar.

Voting is an important conservation tool. Later in the year, we’ll share how legislators voted on conservation-related issues, which may help inform your decisions at the ballot box.

In the meantime, make sure you’re registered to vote. Wyoming law requires County Clerks purge their voter rolls every two years. If you did not vote in the 2022 election, you have been purged from the roles and need to re-register.

Many Wyoming races will be decided in the primary on August 20. If you are already registered to vote, you have until May 15 to change your party affiliation for the primary election. You can find key election-related dates here and information on how to register or re-register here.

Though we will pause weekly Legislative Lowdowns until next year, we will continue to keep you updates as issues arise. Please don’t hesitate to reach out with questions about this session or how to get involved in the interim. I look forward to meeting as many of you as possible as I am out and about across the state supporting conservation at interim meetings.

Finally, I just want to say thank you for speaking up for conservation this session. Your calls, emails, and texts to legislators made a difference. Additionally, your responses to my weekly emails buoyed my spirits during a challenging session and helped to keep us all going. Thank you for the support!

P.S. If you’ve appreciated our legislative coverage and would like to keep this vital work going through the interim, consider making a gift to the Outdoor Council. Your contributions enable year-round advocacy for all that we treasure about Wyoming.

That’s a wrap on the 2024 session!

Posted on March 10, 2024September 18, 2024 by Era Aranow

On my final night in Cheyenne, I took a late night walk around the Capitol. Snowflakes calmed the chaos in my mind from the past week, and the building’s beauty stood out against the backdrop of lights. As the 2024 session closed, I enjoyed a moment of quiet celebration.

Personally, I celebrated my increased mobility (even being able to walk is a joy) and all that I’d learned during my first full session. Professionally, I celebrated conservation wins, the support of the Outdoor Council team, and you — our active, engaged members.

It was also a moment to reflect on how beautiful the legislative process really is. Despite the divides, and the politics, our Wyoming system remains accessible to all. Our citizen legislators will return home to our communities. Meet them. Thank them for their work. Get to know them (their contact information is readily available) and share your hopes for conservation and Wyoming’s future. This is how we can build bridges and make a difference.

KEY UPDATES

All bills are dead, signed into law, or awaiting Governor Gordon’s signature or veto.
Because the legislature has adjourned, no veto overrides by the legislature are possible.

ACTIONS TO TAKE

Thank your legislators. Your elected officials spent a long month (with many late nights!) away from home. Find your legislators and thank them for their work. You can also thank lawmakers who voted for something important to you: On this webpage, navigate to the ‘Votes’ tab of any bill to see the recorded votes.

WHERE THINGS LANDED

In a budget session, a bill must jump 17 hurdles before becoming law. As of this weekend, 48 of the more than 70 bills we tracked missed a hurdle and died. 13 cleared every hurdle and have been signed into law. 16 are approaching the final hurdle: they’ve passed through the legislature and now await action from the governor.

The latter category includes the budget bills. Despite a tumultuous path in our politically divided legislature, the second Joint Conference Committee worked quickly last Tuesday to craft a compromise budget bill. On Friday, the final day of the session, we held our breath and watched as the House voted to approve it, 41 to 21. The Senate vote nearly came down to the wire, but it too passed, 17-14.

How did conservation fare in the compromise budget? The final bill included funding we supported for new positions in the Department of Environmental Quality, the Office of State Lands and Investments, the Wyoming Energy Authority, and the Grants Management Office. We’re also pleased to report that the budget also included $9 million to fight invasive grasses, with no financial match requirement. Finally, we’re delighted that the sale of the Kelly Parcel to the federal government remains, though we’re still concerned about stipulations tying it to management actions in the Rock Springs Resource Management Plan.

GOOD NEWS

HB0033 | Mining operations – blasting requirements | Now law

This bill expands the Department of Environmental Quality’s oversight to include blasting at non-coal mines, thereby increasing human, structural, and environmental safety.

HB0035 | Limitation on environmental rulemaking | Now law (without any bad amendments)

This bill puts into law existing Department of Environmental Quality regulations for actions more strict than those required by the federal government. It escaped amendments that could have prohibited the DEQ from doing anything more strict than what the federal government requires, which would limit Wyoming’s ability to solve its own environmental problems.

HB0067 | Outdoor Recreation and Tourism Trust Fund Administration-2 | Now law

This bill establishes guidelines for administering the Outdoor Recreation and Tourism Trust Fund, which was established in 2023. It is a first step in state recognition of and planning for the impact of recreation on wildlife.

SJ0001 | Resolution demanding equal footing | Died

This resolution demanded the return of federal lands within Wyoming’s borders to the state.

SF0064 | Mineral royalties – proportional severance tax refunds | Died

This bill would refund part of the state’s portion of increased federal royalty rates back to extractors. Passing this bill would harm Wyoming’s financial outlook without bringing about the desired growth in extraction.

SF0072 | Utility donations | DiedThis bill would prohibit utilities from making donations and having them included in their customer rate base. It was part of an attempt to erode Wyoming’s net-metering statute.

BAD NEWS

SF0013 | Federal land use plans – legal actions authorized | Awaiting governor’s signature or veto

This bill provides the legislature or two-thirds of the Management Council $75 million (increased by a third-reading amendment from $50 million) in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” The constitutionality of this bill is questionable.

SF0042 | Low-carbon reliable energy standards – amendments | Now law (Read more)

This bill amends requirements set by HB200 in 2020 to mandate carbon capture on coal-fired power plants in an effort to support the coal industry. This lowers carbon capture standards, increases the amount of time utilities have to meet them, and leaves ratepayers on the hook for the costs.

SF0044 | Limited mining operations – amendments | Awaiting governor’s signature or veto

This bill expands the types of mines that are 15 acres or less that do not require a full mine permit. This would mean less oversight from the Department of Environmental Quality and no public comment requirements on operations that could now include gold, lithium, and rare earth metals.

HB0094 | Net Metering | Died

This bill would have increased the generation cap for net-metering systems, allowing businesses, irrigators, municipalities and anyone who uses more than the 25kW limit to produce more of their own energy.

We will share more information about the bills we supported and opposed (and what their fate means for Wyoming) in our upcoming Conservation Vote Report. In the meantime, check out the final status of bills in our bill tracker and take a look at past Conservation Vote Reports.

WHAT’S NEXT

Gov. Mark Gordon has three options for the remaining bills on his desk: sign them into law, veto them, or allow them to become law without his signature, which signals disapproval. He will also review the budget, where he can veto specific lines but not the entire bill.

While the next legislative session doesn’t begin until January 14, 2025, legislative work happens year round in committees, where members explore assigned topics and draft bills for the next session. Committee meetings are open to the public and are a great place to meet legislators and ask them to spend time on matters that reflect conservation values. Find committee schedules by using the dropdown menus here. (More meetings will be added in the coming weeks.)

While these meetings are getting underway, state agencies will begin the rulemaking process to implement the new laws passed this session. This process has opportunities for public comment and is a great way to stay involved in issues that are important to you — learn more here. You can count on us to keep you in the loop every step of the way.

Finally, I’d like to thank you for your support. As we work together to protect clean air, clean water, wildlife, and public lands, your voice is crucial. Sharing your values with your elected officials (via email, phone calls, or meeting them in person) is where good state policy begins. Keep doing this through the interim!

It’s been a pleasure to share updates with you this session. I hope to see you at an interim committee meeting.

Wyoming’s budget is in limbo

Posted on March 3, 2024September 18, 2024 by Era Aranow

The overall pace of the budget session may be slowing … but last week still kept us on our toes! (Gratefully, we were spared from any floor sessions extending into the wee hours, which happened several times in week two.)

My personal highlight was time in the Senate Lobby with Outdoor Council executive director Carl Fisher and development director Tyler Cessor. Although the pair was here on a separate mission, they stepped in to lend a hand on HB67 after it was added to the list of bills to be discussed at the last minute.

Their support felt representative of the way we like to do things at WOC — we each have our own work, but are always willing to dive into the trenches to help our colleagues and support our mission, whenever it’s needed.

KEY UPDATES

We hit the crossover deadline early last week. All surviving House Bills (HB) are now being discussed in the Senate, and all remaining Senate Files (SF) are now in the House.
The budget is in limbo as we wait to see what comes of negotiations between the House and Senate sides. That means funding for conservation-related agencies, plus the Kelly Parcel sale, are also up in the air.
With your help, SF72 died in committee and HB67 passed through the Senate. Thank YOU for taking action!
Some bad bills remain — and we’ll keep fighting them.
Governor Gordon signed the first three bills into law on Friday, and more will follow this week.

ACTIONS TO TAKE

Good news… your advocacy is paying off! Thank you for contacting your legislators.

Last week, we reached out and asked you to support net metering and rooftop solar in Wyoming. Your emails made a difference — we are excited to report that SF72 – Utility Donations, which was a roundabout way to target Wyoming’s net metering statute, has DIED. It failed to receive a motion to vote it forward when it came before the House Travel, Recreation, Wildlife and Cultural Resources Committee. Please thank the TRW Committee for stopping this bill by sending them a brief email — their email addresses are listed here:

Sandy.Newsome@wyoleg.gov
Abby.Angelos@wyoleg.gov
Donald.Burkhart@wyoleg.gov
Andrew.Byron@wyoleg.gov
JT.Larson@wyoleg.gov

Daniel.Singh@wyoleg.gov
Liz.Storer@wyoleg.gov
Cyrus.Western@wyoleg.gov
John.Winter@wyoleg.gov

We also alerted you that HB67 – Outdoor recreation and tourism trust fund administration-2 was in need of support. Once again, thank you for contacting your legislators. Now, this bill is on its way to the governor’s desk for his signature! HB67 creates the structure to administer the Outdoor Recreation and Tourism Trust Fund. Passage of this bill is a step in acknowledging the impact of recreation on wildlife, and we hope these impacts will continue to be considered as recreation grows across the state. Please thank the Senators who supported it by sending a brief email — their addresses are listed here:

We also urge you to contact House Appropriations Committee lawmakers and tell them to vote no on SF13, a bill that provides the legislature funds to sue the federal government. More details can be found below.

Era Aranow, government affairs manager, and Carl Fisher, executive director, in the Capitol.

BILL WE’RE FOLLOWING

HB01, SF01 | Budget Bills | Support

These bills are the focus of the session and there is currently much discussion about whether they will be passed before the session is scheduled to end on March 8. Last week, five appointed members from each chamber met as a Joint Conference Committee to hash out the significant differences between the version of the budget bill passed by each chamber.

In this round of negotiations, the JCC may only touch areas of the bill that are different in each version. Last Thursday, House members of the committee proposed eight motions toward compromise between the two sections. Rather than discussing them that evening or even the next day, Senate members asked for more time — and now, the next scheduled discussion is this morning, part of which will not be open to the public. This delay will likely push the bill past the deadline where the legislature will be able to overturn any line-item vetoes by the governor.

One of the major differences between the budget bills passed out of each chamber are Energy Matching Funds. These funds can be used at the discretion of the governor for energy-related projects. To date, they have been used primarily to prop up our fossil fuel industry.

The sale of the Kelly Parcel to the federal government was approved by both chambers, so it cannot be removed in this round of negotiations. However, the House passed conditions on the sale tying it to the outcome of the Rock Springs Resource Management Plan process. We hope this stipulation will be removed, because it could open up the RMP process to more litigation and also interfere with the sale.

If the JCC can’t agree on a version of the budget to submit to their respective chambers, there are a few possibilities: The session could be extended by three days; a special session could be held in the coming months; or it’s possible that a budget is not passed before the current budget runs out on July 1 — causing the state government to shut down. This WyoFile article covers these possibilities in detail and is worth a read.

HB33 | Mining Operations Blasting Requirements | Support

This bill passed and is currently awaiting the governor’s signature! It expands the Department of Environmental Quality’s oversight to include blasting at non-coal mines.

SF44 | Limited Mining Operations-Amendments| Oppose

This bill is up for its third reading in the House today — hopefully it will fail or at least include significant amendments to limit its potential harm. This bill expands the types of mines that are 15 acres or less that do not require a full mine permit under section 401 of the Environmental Quality Act. This would mean less oversight from the DEQ and no public comment requirements on new limited mining operations that could now include gold, lithium, and rare earth metals.

SF64 | Mineral royalties-proportional severance tax refunds | Oppose
This bill is currently before the House Appropriations committee, where it could have a vote today. This bill is one of many actions this session to financially support our fossil fuel industries. Passing this bill will harm Wyoming’s financial outlook without bringing about the desired growth in extraction. Evidence overwhelmingly suggests that fossil fuel prices and drilling rates are influenced by national and international markets — not tiny changes in state taxes. Even more worrisome, because of volatile markets beyond Wyoming’s control, we can’t know the fiscal impact of this bill in the future.

We have defeated severance tax cuts in the past and hope that this will fail. Last week the Appropriations Committee discussed concerns about administering the rebate and the loss of revenue, but did not vote. They could still choose to vote on it this week before the committee deadline, or stop it from moving forward by not voting on it.

Numerous bills to “fight the feds” and oppose the Rock Springs Resource Management Plan | Oppose

HJ3 | Support for local input in federal rulemaking: Passed out of Senate Minerals on Friday 4-1 with minimal discussion. The bill is a formal statement against the Bureau of Land Management’s Resource Management Plan process and recent federal rules. It directs the communication of this statement to the Director of the BLM, Director of the Department of Agriculture, the United States House and Senate, President of the United States and others. (Note: “HJ” means that this is a House Resolution, not a bill. If passed, it will not create a new law.)

HB36 | Natural Resource Protection Act: Currently on the third reading consent list in the Senate. There are no plans to debate it, so It could be on its way to the governor soon. This bill would attempt to put the governor in the role of the federal courts who, constitutionally, are the only ones who can legally declare federal actions to be unlawful. If the governor declares a federal action to be unlawful, the bill would prohibit state employees or funds from being used to enforce it.

SF13 | Federal land use plans-legal actions authorized: Will be heard in House Appropriations in the noon meeting today. This bill provides the legislature or two-thirds of the Management Council (a mere seven legislators!) $50 million in funds to sue the federal government in order to “protect the rights, powers and interests of the legislature.” The constitutionality of this bill was repeatedly questioned during the floor debate in the Senate and there are many other, better uses for these funds. We urge you to contact the House Appropriations Committee to ask them to vote no on SF13. Their email addresses are listed here:

Bob.Nicholas@wyoleg.gov
Bill.Henderson@wyoleg.gov
Lloyd.Larsen@wyoleg.gov
Trey.Sherwood@wyoleg.gov

Clark.Stith@wyoleg.gov
Tom.Walters@wyoleg.gov
Dave.Zwonitzer@wyoleg.gov

For the up-to-date status of all the bills we’re tracking, visit our bill tracker.

WHAT TO WATCH FOR THIS WEEK

In the last week of a budget session, we would typically see several bill deadlines pass; bills move through their final votes in the second chamber; discussion of possible interim topics; the budget bill sent to the governor; some line-item vetoes; and the chambers consider overriding some of those vetoes.

But this session has proven not to be typical. While we expect those bill deadlines and interim topic discussions to happen, it’s still not clear when, or even if, the two chambers will agree on a version of the budget to submit to the governor.

Regardless of what happens in the halls of the Capitol, you can count on us to keep you in the loop. We’ll keep fighting for clean air, clean water, wildlife, and public lands!

THANK YOU

I’d like to extend gratitude to all those who responded to last week’s action alerts on SF72 and HB67 — your voice continues to make a difference! If you ran into any technical issues while submitting the comment form, thanks also for your patience as we work out kinks in the system. If you ever encounter difficulty with our action alert form, please go ahead and directly send an email.

If you have a moment, please write a quick thank-you to the TRW Committee, who stopped SF72, as well as the senators who supported HB67. Their email addresses are listed above.

Into the home stretch!