A congressional subcommittee recently heard testimony about first-hand work by the Rocky Mountain Elk Foundation to open and improve public access. It happened in relation to a January 13, 2026, oversight hearing by the House Committee on Natural Resources, Subcommittee on Water, Wildlife and Fisheries titled, “Hunting and Fishing Access in the Great American Outdoors.”

One of those asked to testify before the committee was Paul Johansen, wildlife biologist and chief of the Wildlife Resources Section of the West Virginia Division of Natural Resources. Johansen also serves as president of the Association of Fish and Wildlife Agencies, an organization comprised of state fish and wildlife agencies from across North America. In addition to oral testimony before the committee, Johansen also submitted detailed written testimony highlighting the importance of access, including praise for a multi-year RMEF land conservation and access project in the Pacific Northwest.

“In Oregon, the state recently acquired more than 16,000-plus acres to complete the Minam River Wildlife Area in Union and Wallowa Counties. The wildlife area creates public access to the Eagle Cap Wilderness Area and the Wallowa-Whitman National Forest, making the entire Minam River publicly accessible for hunting, fishing and other recreational opportunities.

“The Rocky Mountain Elk Foundation, USFS (U.S. Forest Service) Forest Legacy Program, USFWS (U.S. Fish and Wildlife Service) Wildlife Restoration Program and many of Oregon’s hunting and outdoor recreation groups all raised money to purchase land for the wildlife area. With this acquisition, an area larger than Yellowstone National Park, is all in public ownership and open for recreation (ODFW [Oregon Department of Fish and Wildlife], Oregon Parks and Rec Dept, BLM [Bureau of Land Management] and USFS ownership). Anglers can enjoy trout and mountain whitefish fishing, hunters can target deer and elk, and hikers can follow the Minam River Trail to the Eagle Cap Wilderness.”

Johansen also touted work in his home state to successfully restore wild elk to their native West Virginia range. RMEF also supplied significant funding and volunteer support for those efforts.

“This management effort had two primary objectives. First, through the capture and translocation of elk from Kentucky and Arizona, we successfully returned this majestic animal to the mountains of southern West Virginia. Second, we wanted to ensure that these elk were reestablished into suitable habitats that were publicly accessible for wildlife-associated recreation. Working closely with coal mining and timber companies, we were able to secure more than 54,000 acres of publicly accessible land as an essential component of our elk restoration effort,” wrote Johansen.

Since its establishment in 1984, RMEF worked alongside partner organizations to open or improve public access for hunters, anglers and others to more than 1.6 million acres of land.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Rocky Mountain Elk Foundation)

As a strong advocate of hunting, Hunt 2 Conserve supports this initiative.

The Department of the Interior (DOI) announced a series of priorities that target conservation, hunting and other recreation, natural resource stewardship and growth. The Make America Beautiful Commission, which includes several Trump administration cabinet members and is chaired by DOI Secretary Doug Burgum, released what it calls MABA 250, a strategic initiative to serve as a framework for future conservation policies.

“By honoring our past while building for our future, through responsible conservation, the MABA 250 initiative’s groundbreaking framework will ensure our nation's treasured lands and historic legacy are responsibly managed and preserved for centuries to come," said Secretary Burgum.

Key priorities include balancing stewardship and economic growth, increasing access for hunting, fishing and other recreation, expanding voluntary conservation, reducing red tape by extremists and bureaucracy, and recovering species and supporting habitat.

Below is the Rocky Mountain Elk Foundation's stance about the commission’s work: 

RMEF commends the Make America Beautiful Commission appointed by President Trump for its strategic initiative, MABA 250. The priorities laid out in MABA 250 align with our mission to ensure the future of elk, other wildlife, their habitat and our hunting heritage. We look forward to increasing the pace of our shared work priorities, including expanding public access for hunting and fishing, enhancing wildlife habitat on public lands, supporting private conservation and stewardship, and reducing red tape that slows this work down. 

We are particularly heartened by the MABA 250 Commission’s recognition of the conservation achievement of the Great American Outdoor Act (GAOA), which provided permanent funding for the Land and Water Conservation Fund (LWCF). RMEF has worked with federal and state agencies in cooperation with private landowners to increase and improve public access and quality wildlife habitat with LWCF investments. 

The Trump administration’s decision to redirect nearly $8 million to grants supporting big-game migration corridors builds on the great success of Secretarial Order 3362. RMEF encourages Congress to codify those executive actions by passing the Wildlife Movement Through Partnerships Act. 

Also aligned with these priorities is RMEF’s top federal legislative agenda item, the Fix Our Forests Act. This comprehensive bipartisan forest management package reduces red tape and litigation that currently hinders habitat improvement in our national forests and is critical to improving public forest landscapes. To address voluntary conservation of our forests, we seek to include a Forest Conservation Easement Program in a Farm Bill. 

RMEF President/CEO Kyle Weaver (left) and RMEF Chief Conservation Officer Blake Henning (right) during a visit with Secretary Doug Burgum (middle) in his Washington, D.C., office

Click here to view the DOI news release. 

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Rocky Mountain Elk Foundation) 

January 23, 2026, marked one year since the U.S. House of Representatives passed the Fix Our Forests Act. To mark the occasion, Rep. Bruce Westerman (R-AR), chairman of the House Committee on Natural Resources, released the statement below.

“A year — and another devastating wildfire season — has come and gone since the House came together and passed the Fix Our Forests Act with an overwhelming bipartisan majority. Catastrophic wildfires aren’t like hurricanes or tornadoes; we can and should take proactive steps to prevent devastating wildfires from becoming our new normal. We can’t afford to wait any longer, and it’s time for the Senate to pass this important legislation and send it to the President’s desk before the next preventable disaster strikes.”

Fires burned almost five million acres in 2025. That came on the heels of a 2024 wildfire season that charred more than 8.9 million acres of forestland and destroyed 4,500 structures. The taxpayer bill to fight the fires is in the billions of dollars.

The Fix Our Forests Act is a set of reforms to improve the quality of wildlife habitat in national forests that would also reduce the risk of high-intensity fires and improve overall forest health.

The House passed the measure on a strong bipartisan 279-141 vote. The Senate Committee on Agriculture, Nutrition and Forestry passed the legislation on an 18-5 vote in October 2025, although it is yet to be taken up by the full Senate.

Hunt 2 Conserve strongly supports the Fix Our Forests Act and urges the Senate to approve it as soon as possible.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Rocky Mountain Elk Foundation)

Below is a news release from the U.S. House Committee on Agriculture.

House Committee on Agriculture Chairman Glenn “GT” Thompson (PA-15) announced Rep. Dan Newhouse (WA-04) as the new chairman of the Subcommittee on Forestry and Horticulture.

“Rep. Newhouse is a valued and engaged member of our committee, and I am proud to see him stepping up to lead the Subcommittee on Forestry and Horticulture," Chairman Thompson said. "He has proven himself to be a true advocate for our country’s working lands and specialty crop producers, and I know this subcommittee will thrive under his leadership. Mr. LaMalfa left big shoes to fill, but I have no doubt in my mind that Rep. Newhouse is the right person to carry on his legacy.”

“It’s truly a privilege to receive the gavel for the Forestry and Horticulture Subcommittee,” Rep. Newhouse said. "These are two issues that are at the center of our agriculture industry and natural resources in the State of Washington, and I look forward to working closely with Chairman Thompson on moving the Farm Bill this Congress. It is also an honor to fill the shoes of my late friend, Doug LaMalfa, who led this subcommittee as a fighter for these issues in Northern California. I am thankful for this opportunity and ready to get to work.”

The late Rep. Doug LaMalfa (CA-01), who passed away in January, was the previous chairman of the Subcommittee on Forestry and Horticulture.

(Photo credit: Rep. Dan Newhouse)

In a letter (see below) to U.S. House leadership, the Rocky Mountain Elk Foundation joined 19 other hunting, fishing and sportsmen and women organizations by urging lawmakers to pass H.R. 281, the Grizzly Bear State Management Act. The legislation would reinstate the U.S. Fish and Wildlife Service decision to remove grizzlies as a threatened species in the Greater Yellowstone Ecosystem.

RMEF has long advocated for state management of recovered grizzly bear populations in line with its support of the North American Model of Wildlife Conservation, under which state management of wildlife, along with the financial contributions from hunters, dramatically increased wildlife populations across the United States over the last century.

RMEF maintains that state wildlife agencies should sustainably manage grizzlies just as they manage elk, deer, moose, black bears, mountain lions, pronghorn antelope and other wildlife for their overall betterment.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

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Honorable Mike Johnson                                                       

Office of the Speaker                                                                

U.S. House of Representatives                                          

U.S. Capitol                                                                               

Washington, DC 20515      

 

Honorable Steve Scalise

Office of Majority Leader

U.S. House of Representatives

U.S. Capitol                                                

Washington, DC 20515

January 21, 2026

Dear Speaker Johnson and Majority Leader Scalise:

The undersigned organizations, representing millions of hunters, anglers, wildlife professionals, and outdoor enthusiasts, write to express our strong support for H.R. 281, the Grizzly Bear State Management Act. This bill will reinstate the U.S. Fish and Wildlife Service’s science-based decision to remove grizzly bears in the Greater Yellowstone Ecosystem from the Endangered Species Act lists. The bill prioritizes science and returns these long-recovered bears to state management—where they belong. We respectfully request that H.R. 281 be considered by the entire House as soon as possible.

The Service delisted these grizzly bears in 2007 and again in 2017, using the best available science and in collaboration with the States of Idaho, Montana, and Wyoming. Unfortunately, these rules were reversed through litigation. H.R. 281 would end that vicious cycle and allow the Service to focus its limited resources on truly at-risk species.

There is no question that grizzly bears in the Greater Yellowstone Ecosystem have biologically recovered. This population has almost doubled its recovery metrics and no longer meets the definition of a threatened species. Idaho, Montana, and Wyoming should be celebrated and rewarded for their success. They have demonstrated their ability to properly manage grizzly bears. And they require flexibility to deal with the challenges that come with this extensive population recovery and expansion, particularly the significant increase in human-bear conflicts.

The Grizzly Bear State Management Act recognizes this reality. It elevates the Service’s science-based reasoning over that of activist organizations and courts and aligns with past Congressional delisting actions, such as the 2011 delisting of gray wolves in the same States.

For these reasons, we strongly support H.R. 281, the Grizzly Bear State Management Act. We respectfully request that H.R. 281 be scheduled for a vote in the House as quickly as possible, and before the end of this Congress.

Thank you for your leadership and commitment to science-based wildlife management

Sincerely,

Archery Trade Association

Association of Fish and Wildlife Agencies

Boone and Crockett Club

Congressional Sportsmen’s Foundation

Conservation Force

Dallas Safari Club

Houston Safari Club

Mule Deer Foundation

National Deer Association

National Rifle Association

National Shooting Sports Foundation

National Wild Turkey Federation

Pope and Young Club

Rocky Mountain Elk Foundation

Safari Club International

Safari Club International Foundation

Sportsmen’s Alliance

Whitetails Unlimited

Wild Sheep Foundation

Wildlife Forever

(Photo credit: Montana Fish, Wildlife & Parks)

Hunt 2 Conserve aligns with the conservation views of those organizations below.

The Rocky Mountain Elk Foundation is among nearly three dozen conservation, hunting and outdoor organizations calling on Congress to support a key farmland conservation program and its undeniable role supplying critical habitat for wildlife.

In a December 2025 letter (see below) to congressional leadership, the groups want the next farm bill to include foundational support for the Conservation Reserve Program (CRP), which encourages agricultural producers and landowners to convert highly erodible and other environmentally sensitive acreage to vegetative cover, like native grasses, trees and riparian buffers. Doing so benefits a wide array of wildlife species.

“This program was originally established more than four decades ago in the 1985 Farm Bill and is probably the most impactful private land conservation effort ever implemented,” said Blake Henning, RMEF chief conservation officer.

For each of the last three years, CRP existed under one-year extensions but according to the groups, a long-term reauthorization gives producers a more reliable and effective way to manage their land.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

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December 22, 2025

The Honorable John Boozman

Chairman

Senate Committee on Agriculture, Nutrition, and Forestry

United States Senate Washington, DC 20510

The Honorable Amy Klobuchar

Ranking Member

Senate Committee on Agriculture, Nutrition, and Forestry

United States Senate Washington, DC 20510

The Honorable Glenn “GT” Thompson

Chairman

House Committee on Agriculture

United States House of Representatives Washington, DC 20515

The Honorable Angie Craig

Ranking Member

House Committee on Agriculture

United States House of Representatives Washington, DC 20515

Dear Chairman Boozman, Ranking Member Klobuchar, Chairman Thompson, and Ranking Member Craig:

The undersigned organizations, representing millions of hunters, anglers, wildlife professionals, and outdoor enthusiasts, urge you to ensure the next farm bill includes strong support for the Conservation Reserve Program (CRP). As CRP celebrates its 40th anniversary on December 23, 2025, Congress has an opportunity to mark four decades of voluntary stewardship on private lands by strengthening one of the most successful conservation programs in American history.

Since 1985, CRP has been a cornerstone of the farm safety net, giving producers a voluntary, market-based tool to manage risk on their most marginal and environmentally sensitive acres. For countless farmers and ranchers, enrolling vulnerable acres in CRP helps stabilize operations, diversify on-farm income, and protect long-term productivity, especially during periods of volatile commodity prices and input costs, severe drought, or extreme weather.

At the same time, CRP has delivered unparalleled conservation outcomes over the last 40 years. The program has dramatically reduced soil erosion, improved water quality, enhanced soil health, and provided some of the nation’s most important habitats for myriad wildlife species. Land enrolled in CRP bolsters rural economies by supporting outdoor recreation and access, while targeted initiatives like the Conservation Reserve Enhancement Program (CREP) and State Acres for Wildlife Enhancement (SAFE) demonstrate how the program is tailored to meet local resource needs. Grassland CRP and emergency forage authorities have helped the program evolve into a flexible tool for producers to improve and utilize working lands on their operations.

For the past several years, however, CRP has operated under three successive one-year extensions, creating uncertainty for producers who depend on stable enrollment options and consistent program rules. While leaders at USDA have done an excellent job administering the program under less-than-ideal circumstances, a full, long-term reauthorization is critical to ensure that CRP continues to provide the reliability and predictability producers need to manage risk and steward their land.

As Congress continues developing the next farm bill, this anniversary offers a timely reminder of how well CRP works—and how we can build on the program’s impressive record by making it more accessible and effective for landowners, while strengthening outcomes for wildlife, soil, and water. Reauthorizing and improving CRP now will ensure the program continues meeting the needs of growers, rural communities, and natural resources for decades to come.

We appreciate your ongoing leadership and your long-standing commitment to rural America, agricultural producers, hunters and anglers, and voluntary conservation. We look forward to working with you to ensure CRP’s next 40 years deliver even greater benefits for farmers, ranchers, rural communities, and wildlife.

Sincerely,

American Woodcock Society

Archery Trade Association

Association of Fish and Wildlife Agencies

Backcountry Hunters & Anglers

Boone and Crockett Club

California Waterfowl Association

Congressional Sportsmen’s Foundation

Conservation Force

Delta Waterfowl

Ducks Unlimited

Izaak Walton League of America

Mule Deer Foundation

National Association of Forest Service Retirees

National Bobwhite & Grassland Initiative Foundation

National Deer Association

National Shooting Sports Foundation

National Wild Turkey Federation

National Wildlife Federation

North American Falconers Association

North American Grouse Partnership

Pheasants Forever

Pope and Young Club

Quail Forever

Rocky Mountain Elk Foundation

Ruffed Grouse Society

Safari Club International

Safari Club International Foundation

Sportsmen’s Alliance

Texas Wildlife Association

The Wildlife Society

Theodore Roosevelt Conservation Partnership

Whitetails Unlimited

Wildlife Management Institute

Wildlife Mississippi

(Photo credit: Rocky Mountain Elk Foundation)

Marking a win for wildlife and conservation, the U.S. House Natural Resources Committee approved a package of reforms to the Endangered Species Act, clearing the way for a potential vote by the entire U.S. House of Representatives.

The ESA Amendments Act of 2025 (H.R. 1897) makes reforms to the Endangered Species Act by streamlining the listing process, clarifying statutory definitions and focusing on recovery. It also provides incentives for the recovery of listed species, promotes accountability for agency actions, expands cooperation with local governments and creates a backstop against frivolous litigation by placing a cap on attorney’s fees.

“Five decades after the ESA’s passage, only three percent of listed species have ever recovered. Special-interest lawsuits and arbitrary rules have weaponized the law against both wildlife and the communities it’s supposed to help,” said Chairman Bruce Westerman (R-AR). “H.R. 1897 restores science, conservation and sustainable economic development to America’s endangered species policy and returns the ESA to its original, bipartisan purpose as a tool for species recovery.”

Hunt 2 Conserve and the Rocky Mountain Elk Foundation support this legislation.

“Five decades of case law informed by radical environmental activists has transformed the Endangered Species Act into a purgatory for wildlife. As sportsmen and women, RMEF takes seriously our commitment to wildlife conservation and believes we can and should do better,” said RMEF President and CEO Kyle Weaver. “This measure represents a positive step towards returning the ESA to its original mission, ensuring already limited resources go towards species recovery, not fighting endless court battles. RMEF thanks Chairman Westerman for his leadership on this bill.”

RMEF testified before the committee in 2024 on similar legislation, focusing on incremental recovery targets for threatened species and increased state authority in meeting those targets. These reforms are consistent with RMEF’s efforts to repeal the “blanket rule,” which implements one-size-fits-all restrictions for threatened species and requires the U.S. Fish and Wildlife Service to establish individual plans to move threatened species to recovered status.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Rocky Mountain Elk Foundation)

Hunt 2 Conserve agrees with rescinding the blanket rule for the benefit of wildlife.

The Rocky Mountain Elk Foundation and Property and Environment Research Center (PERC) applauded a U.S. Fish and Wildlife Service (USFWS) decision to repeal the blanket 4(d) rule in a recent joint public comment.

The two organizations filed a lawsuit in late 2024 challenging the agency’s previous  adoption of the rule. RMEF’s primary criticism is that the blanket rule uses a one-size-fits-all approach by treating endangered and threatened species the same. The Endangered Species Act (ESA) allows for less restrictions and more flexibility for threatened species, which provides incentives to states and private landowners to make progress towards recovery. USFWS reversed course and agreed in the summer of 2025 and will rescind the rule by the end of 2026.

RMEF and PERC submitted their comments (see below) and made several main points during a 30-day comment period after USFWS published its decision in late 2025:

• USFWS should finalize recission of the blanket rule to meet the ESA’s goal of recovering species
• Restoring the ESA distinction between endangered and threatened species would remove barriers to voluntary conservation, including habitat restoration, ensuring science rather than arbitrary whim drives development of ESA regulations and gives states needed flexibility to manage recovering species
• Rescinding the rule increases incentives for proactive conservation and the recovery of more species
• The rule violates the ESA by reversing, without statutory authorization, Congress’ choice to limit regulation of take of endangered species, circumventing the requirement to assess what is necessary and advisable to conserve each threatened species, and ignoring the incentives needed to recover species.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

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December 22, 2025

Re: Proposed Rescission of the “Blanket Rule” that Regulates Threatened Species as if They were Endangered

Dear Director Nesvik,

The Property and Environment Research Center (PERC) and Rocky Mountain Elk  Foundation (RMEF) applaud the Fish and Wildlife Service’s (Service) proposal to  rescind the “blanket rule” that arbitrarily regulates endangered and threatened species the same and ignores the Endangered Species Act’s (ESA) text, science, species’ unique needs, and recovery progress. For those reasons, PERC and RMEF filed a lawsuit challenging the previous administration’s adoption of the blanket rule.

In July, President Trump directed the Service, and other federal agencies, to “recover America’s fish and wildlife populations through proactive, voluntary, on-the-ground conservation efforts.” Rescinding the blanket rule is a vital and necessary step toward fulfilling that policy. The blanket rule arbitrarily prohibits proactive, voluntary conservation, including habitat restoration. And, in doing so, it discourages species' recovery. Tailored rules, however, remove roadblocks for proactive conservation efforts, including prescribed fire, forest thinning, and stream restoration.

The blanket rule also ignores science and the important role of state wildlife agencies. Under it, the Service never assesses how to best promote the recovery of most species, despite the ESA requiring this analysis for every threatened species. Instead, it imposes an illegal and arbitrary one-size-fits-all approach that Congress rejected when it limited Section 9 to endangered species. Instead, Congress intended states to take a greater role in recovering and managing threatened species. Yet the blanket rule, without explanation, deprives states of the flexibility needed to fill that role.

Finally, as the Service explained in 2019, and reaffirmed in 2024, developing tailored rules for each threatened species “incentivize[s] conservation for both endangered and threatened species.” The blanket rule, by treating endangered and threatened species the same, removes this incentive by denying states and landowners any reward for recovery progress.

We elaborate on these points in the detailed comments submitted with this letter. Thank you for your continued leadership and focus on species recovery.

Sincerely,

Property and Environment Research Center

Rocky Mountain Elk Foundation

(Photo credit: Jim Peaco/NPS)

By a vote of 211-204, the U.S. House of Representatives passed a bill that would delist gray wolves in the Lower 48. The Pet and Livestock Protection Act, supported by Hunt 2 Conserve and the Rocky Mountain Elk Foundation, would restore management authority to state wildlife agencies.

“We salute House membership for agreeing with scientists and wildlife management professionals that wolf populations are stable and growing and should return to state management,” said Blake Henning, RMEF chief conservation officer. “The U.S. Fish and Wildlife Service delisted wolves in the Lower 48 states twice in the last decade and a half – during the Obama administration in 2011 and the Trump administration in 2020. Both times, judges intervened to invalidate the process.” 

Rep. Tom Tiffany (R-WI) and Rep. Lauren Boebert (R-CO) sponsored the legislation. It will not change any statutes but instead implements a rule issued by the U.S. Fish and Wildlife Service in 2020.

Sen. Ron Johnson (R-WI) introduced a companion bill in the Senate, which requires 60 votes to overcome a filibuster.

“State wildlife agencies sustainably manage thousands of species without federal interference, and several states in the Northern Rockies are successfully managing wolves because Congress took action to protect their delisting from activist judges,” said Henning. “We thank Representatives Tiffany and Boebert for sponsoring this legislation. RMEF calls on the Senate to follow suit and pass the bill.”

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Rocky Mountain Elk Foundation)

Congress created it to help the “little guy” face the U.S. Government in court. Instead, deep-pocketed environmental groups use a loophole to misuse and benefit from it again and again to line their pockets and stop much-needed wildlife habitat management projects.

The issue is the Equal Access to Justice Act (EAJA). The U.S. House Committee on Natural Resources held a December 10, 2025, hearing on its abuse. (Watch the hearing here.)

Passed into law in 1980, EAJA authorizes attorney fees to individuals and businesses that win cases against the government, but eligibility requirements apply to individuals (less than $2 million net worth) and businesses (less than $7 million net worth). On the other hand, there are no requirements applied to 501(c)(3) nonprofit organizations. As a result, large and well-funded litigant environmental organizations are getting paid with the taxpayer money to sue taxpayer-funded agencies to stop habitat management projects important to elk, mule deer, moose, bears and many other wildlife, bird and fish species.

From 1995 to 2019, there was no requirement to report what agencies paid in EAJA settlements. That ended in 2019 when the sportsmen-led Dingell Act created a database to track awards. Since then, the public has learned that environmental groups received more than $19 million in taxpayer dollars from the agencies that oversee fish and wildlife habitat and management, specifically the U.S. Department of Agriculture, Department of Interior and Department of Commerce.

The Rocky Mountain Elk Foundation is a longtime advocate of fixing the act so it is not a profit-making financial machine for litigant environmentalist organizations that continually abuse it. Hunt 2 Conserve agrees.

“The Equal Access to Justice Act was enacted with good intentions to give small businesses and individuals the ability to fight an unresponsive government in court,” said RMEF Director of Government Affairs Ryan Bronson. “However, by letting well-funded and litigious environmental organizations get their lawyers’ fees paid, the incentive to file suits and delay important habitat management projects has only grown. Litigation is now one of the biggest barriers to wildlife habitat improvement on federal lands.” 

Below are some of the comments and testimony given at the hearing:

Rep. Bruce Westerman (R-AR): “In some regions, significant portions of land management budgets are consumed by analysis and litigation, rather than on-the-ground work, effectively sidelining other planned projects.”

Travis Joseph (American Forest Resource Council, President and CEO): “Walton Lake is an amazing place on the Ochoco National Forest in Central Oregon. The lake is the most heavily used recreation site on the forest. And for years, the Forest Service warned that large trees were infected with root rot, and they were at risk of falling without warning, posing a major risk to the public, and potentially closing this high-use recreation site.

“In 2015, under the Obama administration, to protect visitors, the Forest Service proposed a simple, commonsense project – remove the diseased dying trees and replant with ponderosa pine, which is a more resilient species. That project area was 80 acres. The Ochoco National Forest, for context, is 850,000 acres. An anti-forestry group didn't like that project from the Forest Service, and they didn't trust the agency's expertise. They filed a lawsuit over a process technicality. And they got a judge to issue a preliminary injunction to stop all the work, even though the project was focused on an immediate public safety risk.

“The group was awarded a $200,000 EAJA fee that was paid by the taxpayer and the agency. The EAJA payout, that award of attorney fees, was higher than the cost of the service contract to do the work on the ground. That $200,000 EAJA award was based on a $425 per hour specialty rate for attorneys and work performed by law students  at Lewis & Clark Law School. They aren't lawyers, but the EAJA award provided $130 per hour for the students' work.

“Undeterred by the lawsuit and the loss, the initial loss, the Forest Service went back, did more paperwork, did more process, and proposed the project again. They were sued again on the same project by the same group. This time, the Forest Service won in the 9th Circuit. The 9th Circuit upheld the award. That did not satisfy this group. They went to the Supreme Court. Their petition was not taken up by the Supreme Court.

“So, all of this, a decade of work, years of litigation, hundreds of thousands of dollars billed to the taxpayer to protect the public from diseased and dying trees on a high-use rec site on 80 acres, 0.001 percent of the forest of one national forest. Meanwhile, this nonprofit made a small fortune to delay a project that was ultimately implemented just 10 years after the fact. Do you think that's defensible? Is that defensible? This makes no sense, and taxpayers, regardless of party affiliation, would be outraged if they knew that that's how their money was being used.”

Rep. Jeff Crank (R-CO): “Radical environmental groups have exploited EAJA and environmental laws to turn litigation into a business model for policy achievement. Specifically, they've exploited the nonprofit exemption in the EAJA statute to continuously launch frivolous lawsuits, regain attorney's fees, whether they win, whether they lose, or whether they settle. It's the inside lawyerly game that's played. These groups aren't held to the same rules everyone else has to follow. Environmental serial litigants can bypass the $500 employee cap and the $7 million in revenue limit because of the blanket nonprofit exemption.”

Rep. Pete Stauber (R-MN): “I want to ask -- unanimous consent to submit to the record, the U.S. Forest Service budget justifications for Fiscal Years '24, '25, and '26, which show the amount of program funds used for EAJA fee payment -- EAJA fee payments in Fiscal Years '22, '23, '24. It's a total of $3,720,329 for an average of $1.2 million annually paid for by the American taxpayer.”

Rep. Paul Goshar (R-AZ): “One of the most dangerous effects of these lawsuits is to lock up our forests from proper management. In my home state of Arizona, I have seen firsthand how wildfires can grow in an area where eight federal agencies were prevented from conducting activities to improve wildlife, wildfire resiliency and forest health.”

To learn more about EAJA, including several examples of its abuse, read Equal Access to Injustice, a feature that appeared in the September/October 2021 issue of Bugle magazine. The article was submitted as an informational source and added to the official record at the House hearing. 

Two months ago, RMEF accepted an invitation to travel to Washington, D.C., to inform congressional staffers and aids about the issue and its negative impacts on wildlife, habitat and forest management.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: House Committee on Natural Resources)