Federal Affairs – Legislation

Fix Our Forest Act (FOFA). After passing with a strong 279-141 bipartisan vote in the U.S. House in January, the Fix Our Forests Act moved to the U.S. Senate where it received two hearings. S.1462 is sponsored by Senators Alex Padilla (D-CA), John Hickenlooper (D-CO), Tim Sheehy (R-MT) and John Curtis (R-UT). The perpetual plaintiff environmental lawyer organizations oppose the litigation and permitting reforms, but RMEF and a wide array of fire and forestry interests continue to work with Senate offices to achieve a bipartisan consensus.

Narrow Farm Bill. Since most of the conservation programs traditionally found in the Farm Bill passed as part of the sweeping H.R. 1 budget reconciliation bill, most of RMEF’s interests have been taken care of. However, creating a Forest Conservation Easement Program to expand upon the Healthy Forest Reserve Program would be a significant win in a new Farm Bill. The House Agriculture Committee indicates it intends to pass on this year.

Wolf Delisting. The House Natural Resources committee passed H.R.845, the Pet and Livestock Protection Act, in April and it may soon come to the floor for a full vote of the House. This bill would require the Lower 48 delisting rule from the U.S. Fish and Wildlife Service (USFWS) to be reinstated. RMEF’s assessment is that the House vote will be close, but in the Senate the 60 votes required to invoke cloture is not likely unless several senators from midwestern wolf states commit to the bill.

Federal Affairs – Regulations and Rulemaking

BLM Public Lands Rule Repeal. The Biden Administration finalized the Conservation and Landscape Health Rule in 2024, a controversial measure at the time. RMEF submitted detailed comments on the rule in 2023 with both criticisms and suggestions for improvements.

Federal Affairs – the Courts

Northern Rockies Wolf Ruling. RMEF, SCI and Sportsmen’s Alliance had intervened in a federal lawsuit against the (USFWS) attempting to relist wolves in Idaho, Montana and Wyoming as endangered. An August ruling gave the litigating environmentalists a partial victory when the judge ordered USFWS to reconsider its decision-making process. RMEF and allies immediately filed an intent to appeal, but the USFWS is yet to announce whether it intends to appeal.

Endangered Species Blanket Rule. RMEF and the Property and Environment Research Center (PERC) filed suit late in 2024 over the USFWS decision to reinstate the so-called “blanket rule,” which applies the same strict protections to species listed as “threatened” as those species listed as “endangered.” In August, USFWS committed to pause its use of the blanket rule and begin the process of rescinding it in favor of issuing regulations tailored to the unique needs of each threatened species. RMEF supports this outcome as a conservation victory.

Grizzly Bear Status. In 1975, USFWS listed grizzly bears as threatened and later issued its Grizzly Bear Recovery Plan in 1993 that created six recovery zones. In 2007, USFWS proposed delisting bears in the Greater Yellowstone Ecosystem (GYE) recovery zone, which the courts overturned in 2009. In 2017, USFWS again delisted grizzlies, but the court again overruled the agency in 2018 with the judge citing isolation and genetic connectivity concerns. In 2022, several states petitioned for delisting in both the GYE and the Northern Continental Divide recovery zones. In the final days of the Biden Administration, USFWS issued a proposal to create one large Northern Rockies Distinct Population Segment but denied the delisting requests in Montana, Idaho and Wyoming. With a new administration in place, the rule proposal could be pulled back and replaced, but the USFWS has yet to make any announcements.

Why RMEF pays so much attention to Endangered Species Act (ESA) issues. The Endangered Species Act is a valuable and important tool for preventing extinctions. It should reflect a worst-case scenario where the federal government steps into wildlife management because the American system places wildlife management as a state government responsibility. By its nature, the ESA is a blunt tool with broad and sweeping restrictions. When a species recovers, the goal should be to return it to state management where it can be balanced with other ecological objectives. Often, broad and sweeping restrictions implemented have indirect consequences, which in the case of grizzlies often include restrictions on forest management that lead to declines in habitat for deer, elk and moose. A specific example is the Cottonwood decision which has led to delays in hundreds of projects by requiring a never-ending ESA consultation.