CONSERVATION

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UNITED STATES DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY FACT SHEET April 2014

Conservation Reserve Program

Lesser Prairie-Chicken Biological Opinion

OVERVIEW

On March 27, 2014, the Fish and Wildlife Service 

(FWS) of the U.S. Department of the Interior listed 

the lesser prairie-chicken as a “threatened” species 

under the Endangered Species Act (ESA). FWS 

also submitted a final special rule under section 

4(d) of the ESA that outlines the prohibitions and 

exception to those prohibitions necessary and 

advisable for conservation of the species. Under 

the law, a “threatened” listing means the species is 

likely to become in danger of extinction within the 

foreseeable future; it is a step below “endangered” 

under the ESA and allows for more flexibility in 

how the protections of the ESA are implemented.

The FWS final rule to list the lesser prairie-chicken 

as threatened and the final special rule addressing 

the limitation of regulatory impacts are scheduled 

to be effective on May 12, 2014. 

Information on the final rule can be found at the 

Federal Register website: https://www.federalregister.gov/articles/2014/04/10/2014-07302/endangered-and-threatened-wildlife-and-plants-determination-of-threatened-status-for-the-lesser.

Information on the special final rule can be found 

at the Federal Register website: https://www.federalregister.gov/articles/2014/04/10/2014-07298/

endangered-and-threatened-wildlife-and-plantsspecial-rule-for-the-lesser-prairie-chicken.

On April 14, 2014, USDA’s Farm Service Agency 

(FSA) received a Biological Opinion from the 

FWS addressing the Conservation Reserve 

Program (CRP) within the occupied range of the 

lesser prairie-chicken. In it, the FWS agreed with 

the FSA conclusion that CRP implementation may 

have a short-term adverse effect to individual birds 

that will be offset by long-term benefits to lesser 

prairie-chicken populations.

TERMINOLOGY

“Leks” are grounds where lesser prairie-chickens 

gather in the spring for breeding, nesting and brood 

rearing.

“Take” means to harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, collect, or attempt to 

engage in any such actions. 

“Incidental take” means a take that is related to, 

but not the purpose of, carrying out an otherwise 

lawful activity.

FSA BIOLOGICAL ASSESSMENT

FSA provided a Biological Assessment to the FWS 

as background on the CRP. The FWS used that 

information to complete its Biological Opinion. 

FSA’s Biological Assessment described CRP 

conservation practices, technical practices and 

related conservation measures. It described how 

those conservation practices and associated 

measures are used to restore, enhance and manage the habitats of the lesser prairie-chicken. The 

assessment also discussed how those conservation 

measures on CRP land located in lesser prairiechicken habitat will be improved, 

applied and monitored across identified lesser 

prairie-chicken eco-regions, focal areas, 

connectivity zones and occupied range. 

FWS BIOLOGICAL OPINION

Based on the Biological Assessment provided by 

FSA, the FWS concluded that implementation of 

CRP conservation practices with the associated 

conservation measures described in the Biological Opinion are not likely to jeopardize the lesser 

prairie-chicken. The Biological Opinion also 

establishes CRP as a comprehensive conservation 

program with special exemptions under Section 9 

of ESA.
FACT SHEET

CRP - Lesser Prairie-Chicken Biological Opinion April 2014

LESSER PRAIRIE-CHICKEN OCCUPIED 

RANGE

The scope of the FSA Biological Assessment and 

the FWS Biological Opinion is limited to land 

within an 85-county area of Colorado, Kansas, 

New Mexico, Oklahoma and Texas that is currently 

enrolled in CRP or that becomes enrolled in CRP 

over the next 30 years.

COVERAGE PERIOD

Coverage under the Biological Opinion will extend 

up to a maximum of 30 years and include new 

and existing CRP contract acreage. The Biological 

Opinion covers the action of returning the enrolled 

land to crop production after contract expiration. It 

will also apply to those lands removed from CRP 

within this time frame if:

• The conservation cover on that land is retained 

and managed according to the conservation 

plan after the CRP contract ends, or

• Until the land that had been enrolled in CRP 

is returned to annual crop production or 

otherwise ceases to provide lesser prairiechicken habitat benefits.

PROGRAM AUTHORIZATION AND 

GOALS

The CRP is administered on behalf of the 

Commodity Credit Corporation (CCC) through the 

FSA and was authorized by Congress with the 

passage of the Food Security Act of 1985. Its 

original intent was to promote the establishment of 

permanent grass or tree cover on privately owned, 

highly erodible croplands to reduce soil loss. 

Originally, wildlife habitat was not a major 

program emphasis. Over time, lands enrolled in 

the program have been established to more diverse 

species mixes that provide greater benefit for 

wildlife in general and lesser prairie-chicken 

specifically while conserving soil and protecting 

water quality. 

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CRP conservation goals in the 85-county area 

include:

• Continuing participation by willing landowners 

who will voluntarily contribute to enhancement 

of lesser prairie-chicken habitat;

• Helping to reduce the decline of lesser prairiechicken populations;

• Demonstrating that traditional farming and 

ranching is compatible with lesser prairiechicken conservation.

IMPACT ON CRP PARTICIPANTS

Landowners participating in CRP are not held to a 

higher standard than landowners that are not 

participating in CRP when it comes to ESA 

compliance. The ESA “take” provisions apply 

equally to all. 

While carrying out CRP practices, taking may 

occur. The regulatory predictability established as a 

result of this Biological Opinion provides 

coverage for CRP participants. In the event that 

such a taking were to occur it would be considered 

an incidental taking and not a prohibited taking 

under ESA. Incidental take under this Biological 

Opinion applies only to acres covered 

under a CRP contract and does not extend to 

additional farm or ranchland owned or operated by 

the same person. 

CRP acres currently within the 85-county area can 

be returned to agricultural production after the CRP 

contract expires and still be consistent with ESA 

provisions.

The results of an analysis conducted as part of the 

development of the FSA biological 

assessment show that the effect on CRP 

participants is expected to be limited. Ranchers 

participating in CRP who in recent years have 

emergency hayed or emergency grazed CRP land 

in consecutive years will need to follow a one out 

of three year approach in the future. 

APPROVED CONSERVATION 

MEASURES

Certain conservation measures were approved for 

CRP participants in the 85 affected counties under 

the FWS Biological Opinion, as follows:

• For lands newly enrolled in CRP, 

conservation measures include establishing CRP conservation covers of native plant 

species mixes including grass, forbs, legumes 

and shrubs consistent with ecological site 

descriptions, and managing those covers once 

they’re established must be consistent with 

conservation plans developed by the USDA 

Natural Resources Conservation Service 

(NRCS).

• For existing CRP contracts, conservation 

measures include managing existing conservation covers of introduced or native plant 

species mixes consistently with conservation 

plans developed and amended by NRCS.

• Depending on site and climate conditions, 

management activities should occur on 

approximately five year intervals, but no more 

than once in a three year period.

• Any combination of managed/routine grazing, 

managed harvesting, emergency haying and 

emergency grazing, will be limited to once in 

a three year period within the identified lesser 

prairie-chicken focal areas, connectivity/ 

expansion zones or other important habitat 

areas within identified eco-regions.

• CRP maintenance, management activities and permitted uses of CRP land that 

may disturb lesser prairie-chicken breeding 

activities, nesting hens or hens with broods 

will be delayed until after primary nesting and 

brood-rearing season.

• Within the identified lesser prairie-chicken 

focal areas, connectivity/expansion zones and 

other important areas within the identified 

eco-regions, new wind turbine development on 

land currently under CRP contract or former 

CRP land being covered under the biological 

opinion will be prohibited within 1.25 miles of 

known lesser prairie-chicken breeding groups 

known as leks.

FACT SHEET

CRP - Lesser Prairie-Chicken Biological Opinion April 2014

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FACT SHEET

CRP - Lesser Prairie-Chicken Biological Opinion April 2014

ACTION AREA

The action area includes the 85 counties in the five 

states previously described. The Western Association of Fish and Wildlife Agencies (WAFWA) established four eco-regions totaling about 20 million 

acres in their range-wide conservation plan for the 

lesser prairie-chicken. 

Within each of the eco-regions, WAFWA further 

identified focal areas and connectivity and 

expansion zones of high priority for lesser prairiechicken conservation. 

Within the 85 counties described, there may be as 

many as 30,000 CRP participants and 5,000,000 

acres of CRP enrollment. Within the WAFWA 

eco-regions, there are 3.4 million CRP acres. 

Within the focal areas, connectivity and expansion 

zones, there are about 2.3 million of these CRP 

acres.

WAFWA will provide maps to FSA state and 

county offices showing locations of the 

eco-regions, focal areas and connectivity and 

expansion zones. 

ADDITIONAL GUIDANCE

Additional guidance, training aids information 

about the Biological Opinion, conservation 

measures and other pertinent information will be 

provided by staff at FSA headquarters office in 

Washington, D.C.

Landowners and agricultural producers not 

covered under the CRP biological opinion may 

have other options for regulatory 

predictability including through enrollment in 

the NRCS Lesser Prairie-chicken Initiative, the 

Western Association of Fish and Wildlife Agency’s 

Rangewide Conservation Plan, endorsed by FWS, 

or the Habitat Conservation Plan prepared by the 

American Habitat Center, currently under review 

by the FWS. 

REPORTING

FSA will report to the FWS on conservation 

measures in the 85-county lesser prairie-chicken 

area on an annual basis.

MORE INFORMATION

To find more information about FSA programs, 

contact your local FSA office or USDA Service 

Center, or visit FSA online at www.fsa.usda.gov.

For more information about FWS actions regarding 

the lesser prairie-chicken visit www.fws.gov/southwest/es/LPC.html.

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