	Introduction

A common theme in controversies over the Endangered Species Act (ESA) is that a conflict is triggered by the need for the same dwindling resources by humans and a listed species. Sagebrush habitat in the West is diminishing and becoming fragmented due to urbanization, global climate change, roads, fences, grazing, energy development, water scarcity, power lines, etc. Petitions have been filed under the ESA to protect the Gunnison grouse, the greater sage grouse, a western subspecies of the greater sage grouse, the Bi-State population, and the Columbia River Basin population. However, on January 11, 2013, the Fish and Wildlife Service (FWS or Service) proposed listing the Gunnison grouse as endangered. In a court settlement, FWS agreed to decide whether to list the Bi-State population by the end of FY2013 and the Columbia sage grouse population and the greater sage grouse by the end of FY2015. It remains a game bird in many western states. The sage grouse was once abundant in 16 western states. Within this genus, there are two recognized species: the Gunnison grouse ( Centrocercus minimus ) and the sage grouse ( Centrocercus urophasianus ). Populations have declined, although there is no consensus as to the extent of the decline, or whether it is part of a natural cycle. In January 2000, citizen organizations petitioned FWS to list the Gunnison grouse, and in December 2000, FWS published a notice designating the Gunnison grouse as a candidate species, finding that listing was warranted but precluded due to resource constraints on the service. Proposed Eastern Subspecies

Some believe the sage grouse can be divided into subspecies, such as an eastern subspecies: the Institute for Wildlife Protection filed a petition to list an eastern subspecies of the sage grouse under the ESA. Bi-State or Mono Basin Distinct Population Segment

Some groups hold that the sage grouse population in the area around Mono Lake (in California and Nevada) constitutes a DPS of sage grouse. These programs help illustrate another issue in sage grouse management: until a species is listed under federal law, it is managed under state law, even on federal lands. Bureau of Land Management Policy

Under BLM policy, species that are listed, proposed for listing, or candidate species under the ESA are known as special status species. When it is making a listing determination, FWS is required to consider whether there are adequate regulatory mechanisms in place such that additional protection under the ESA is not needed. According to the FWS listing determination regarding the sage grouse, the impact of the Forest Service policy on sage grouse protection is uncertain and inconsistent. Courts have found that "voluntary" actions are not regulatory; the protections must be enforceable. States are taking action to protect the sage grouse, in part to protect a game bird, but also to forestall the listing that many see as an obstruction to development of the sagebrush territory that covers so much of the western United States. Congressional pushes for more energy development, both for oil and gas and for green energy such as wind farms and solar collectors, may end up conflicting with the grouse and the protections offered by the ESA. "Sagebrush" includes all species and subspecies of the genus Artemisia except the mat-forming sub-shrub species: frigida (fringed) and pedatifida (birdfoot); 2. is riparian, wet meadow (native or introduced) or areas of alfalfa or other suitable forbs (brood rearing habitat) within 275 meters of sagebrush habitat with 5% or greater sagebrush canopy cover (for roosting/loafing); 3. is reclaimed habitat containing at least two native grasses (at least one bunchgrass) and two native forbs (see "reclamation" in Attachment B of the SGEO) and no point within the grass/forb habitat is more than 60 meters from adjacent 5% or greater sagebrush cover; or 4. is "transitional" sage-grouse habitat, which is land that has been treated or burned prior to 2011, resulting in < 5% sagebrush cover but is actively managed to meet a minimum of 5% sagebrush canopy cover with associated grasses and forbs by 2021 (as determined by analysis of local condition and trend) and may or may not be considered "disturbed." Pole fences. 11. State Conservation Efforts
Under Colorado law, the species is not protected as a threatened or endangered species. However, as noted earlier in this report, FWS has proposed listing the Gunnison grouse as endangered.
Western states have seen conflicts over natural resources for more than a century, involving issues such as grazing, roads, fences, oil and gas development, urban expansion, spread of invasive species, water rights, timber harvest, and pollution. In many cases, the conflicts involve the protection of endangered and threatened species, often with one group seeing listed species as an obstacle to their development goals or property rights, and another group advocating protection in line with their environmental, scientific, or economic goals. One such controversy is developing in 11 western states over sage grouse, whose numbers can be threatened by roads, fences, power lines, urban expansion, and energy development. This report describes the state of knowledge about these birds, history of efforts to protect them, and current controversies.
The sage grouse, once abundant in western sagebrush habitat in 16 states, has dropped in numbers, and is now found in 11 states. Its decline can be attributed to several factors—increased use of sage grouse habitat by ranching and energy development, decreased sagebrush due to noxious invasive species, and loss of habitat due to more frequent fires. However, the extent of the decline is not certain, and some dispute that the sage grouse is in peril.
There is some discussion over how many species of grouse there are and how they may be related. Currently, two closely related species are recognized by scientists: the Gunnison grouse (Centrocercus minimus) and the sage grouse (Centrocercus urophasianus), sometimes referred to as the greater sage grouse. At one time, the U.S. Fish and Wildlife Service (FWS or Service) also recognized two subspecies—the eastern sage grouse (Centrocercus urophasianus urophasianus) and the western sage grouse (Centrocercus urophasianus phaios)—but FWS reversed that position. In addition, FWS has designated distinct population segments (DPS) of sage grouse under the Endangered Species Act (ESA). Parties have filed petitions seeking to protect these birds under the ESA by having them listed as threatened or endangered, but none are listed under the act. On January 11, 2013, however, FWS proposed listing the Gunnison grouse as endangered.
In July 2011, FWS reached a settlement in several lawsuits regarding delays in listing species, include the sage grouse. According to the settlement agreement, a proposed listing rule or a decision that listing is not warranted is due for the Mono Basin sage grouse DPS by the end of FY2013, and for the Columbia River Basin sage grouse DPS and the greater sage grouse by the end of FY2015. At present, those grouses' protection under the ESA has been deemed warranted but precluded by higher protection priorities. Thus, the sage grouse is treated as a candidate species and does not have the protections that a listed species would have.
One factor in making a listing decision is whether other regulations are in place to provide adequate protection of a species so that federal listing is not necessary to prevent extinction. States in primary sage grouse habitat have taken action to forestall an endangered species listing, which some believe would inhibit energy development on vast amounts of public and private property. Additionally, the Bureau of Land Management (BLM) and the Forest Service have policies to protect the grouse on their lands, although courts have found those policies lacking. These issues are at the forefront as Congress considers increased energy development on federal lands, while balancing the mission of the ESA.