Congress is nixing protections for the lesser prairie-chicken, but won't be able to override a veto promised by Biden

A lesser prairie-chicken performs a mating display. (Getty Images photo via States Newsroom)

Which comes first, the land or the bird? In the case of the South Plains' lesser prairie chicken, it's become a back-and-forth in Washington, D.C. In a rare move, the U.S. Senate voted 50-48 Wednesday to overturn a Biden administration rule that listed one population of the lesser prairie-chicken as an endangered species and the rest as threatened. The House is expected to do likewise and send the legislation to the president, who has said he would veto it. A veto override, which requires a two-thirds vote of both houses, looks impossible.

"Lesser prairie-chickens thrive in native grasses, and conservation groups' efforts to preserve habitat for the birds," reports Ariana Figueroa of States Newsroom. Republican lawmakers who argue the Biden policy is a threat to farmers, ranchers and energy producers."

Map from U.S. Fish and Wildlife Service species assessment report

In November, the Fish and Wildlife Service put the southernmost population of the lesser prairie chicken back on the endangered-species list, citing "fairly drastic" differences in the outlook for survival of the species in different areas of the Great Plains. The rule has been particularly unpopular in Kansas, which has three populations now listed as threatened, and the Congressional Review Act resolution was filed by Republican Sen. Roger Marshall of Kansas. "Congress can use a CRA to block rules recently promulgated by federal agencies, and in specific other circumstances, by submitting a joint resolution of disapproval," Figueroa explains. "Republican Sen. Jerry Moran of Kansas said the rule threatens ranchers and farmers. 'I am confident there are ways to conserve the species without hindering economic opportunity in rural communities. . . . He said what Kansas needs is 'more rainfall, not more regulations.'"

Senate Environment and Public Works Committee Chairman Tom Carper, D-Delaware, said the game bird "has long been considered an indicator for healthy grasslands and prairies upon which hundreds of species depend. So, if the lesser prairie-chicken is in peril — in time, other species could be in peril as well." Senate Republican Leader Mitch McConnell said the designation "is holding American farms, ranches, and other small businesses hostage to an animal called the lesser prairie-chicken." McConnell "argued that local landowners and officials already set aside millions of acres of potential habitat for the bird," Figueroa reports.

The bird's numbers have drastically declined. "Its population is now estimated to be about 30,000, according to FWS. The habitat for the lesser prairie chicken has diminished by about 90%," Figueroa reports. Mike Leahy, the senior director of wildlife policy for the National Wildlife Federation, told her, "A Congressional Review Act vote is not the right approach because it would not only overturn this particular listing, it would mean this bird could never be listed again no matter how bad things get."