Letter to Dirk Kempthorne, Secretary of the Department of Interior, Re: Management of Multi-Use Federal Lands

Letter

Date: July 1, 2008


Letter to Dirk Kempthorne, Secretary of the Department of Interior, Re: Management of Multi-Use Federal Lands

Barrasso Presses Department of the Interior for Answers
SENATOR SAYS BALANCE IS KEY FOR MANAGEMENT OF MULTI-USE FEDERAL LANDS

The Honorable Dirk Kempthorne
Secretary
U.S. Department of Interior
1849 C Street, NW
Washington, DC 20240

Dear Secretary Kempthorne:

The State of Wyoming is rich in natural resources, and natural beauty. We produce more clean coal in the Powder River Basin than any other region in the country. We also have tremendous reserves of clean natural gas and the nation's largest trona mines. It is hard to imagine a state with more spectacular natural beauty. Our nation's energy future, both fossil fuels and alternative energy options requires the development of our resources particularly those under federal control. Your Department is responsible for balancing the multi-use of federal lands for development, for recreation and you also are responsible for the protection of threatened or endangered species. At present, your Department is sending mixed messages that are raising many questions from a diverse group of constituent interests including recreational, grazing and mineral interests.

Given these concerns, I am requesting responses to each of the following questions by no later than July 11, if possible:

1) The Bureau of Land Management (BLM) has listed the greater-sage grouse as a "species of special interest." As you know, discussions are ongoing regarding protections needed to protect the sage grouse. If protective zones are created to restrict resource extraction, should not those zones be based on protecting all sage brush habitat dependent species that may be proposed for a listing under the Endangered Species Act (ESA) so that the public knows exactly what is expected?

2) Judge Winmill of Idaho ruled in December 2007 that the US Fish and Wildlife Service (US FWS) must reconsider its decision to not list the greater sage grouse. Part of his rationale was that neither the state nor the BLM had any conservation measures to protect the bird or its habitat. However, the BLM has conservation measures issued on every Application Permit to Drill in the Powder River Basin. The US FWS during its formal Section 7 consultation of the Powder River Basin EIS and Record of Decision issued a biological opinion recognizing these conservation measures. Additionally, the State of Wyoming has worked for years to protect the bird and its habitat.

The Governor, BLM, industry groups, and the state wildlife agencies are evaluating and proposing new restrictions to assure the long-term viability of the bird. What assurances does the public have that new restrictions will be recognized and that the bird will not be listed?

3) If all the major stakeholders adopt zones to restrict resource extraction in the Powder River Basin, will this serve as a template to restrict further resource development on BLM lands throughout Wyoming?

4) Will any proposed protection zones for the sage grouse have a foreseeable impact on hunting, grazing, and other recreational outdoor activities in the Powder River Basin?

5) Has there been any public comment on the planning guidance issued by the Bureau of Land Management with regard to the sage grouse? Have all your rules, regulations and policy proposals gone through the Administrative Procedures Act? If not, why not?

6) Does the planning guidance issued by BLM consider the economic impact to Wyoming as a factor on par with the protection of the species? Is one weighted more heavily than the other?

Your assistance in answering the following questions would be most appreciated. I am pleased that the BLM has stated in a recent letter that they would manage activities to ensure that they do not contribute to the listing of the greater sage-grouse under the ESA. It is my hope that we can protect the sage grouse, avert a listing under the ESA, while at the same time ensuring that we do not overreach and cause unintended harmful consequences to my constituents whose livelihoods depend on the land.

Sincerely,

JOHN BARRASSO
U.S. Senator


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