Today, Senator Cynthia Lummis from Wyoming and Representative Celeste Maloy from Utah took legislative action against a recent U.S. Forest Service policy. They introduced a Congressional Review Act resolution aimed at blocking the USFS’s Criminal Prohibitions Rule, which came into effect on December 26, 2024.
This rule expands the USFS law enforcement’s jurisdiction to include the enforcement of state laws on National Forest lands, including state traffic laws which are now part of federal code.
Senator Lummis voiced concerns about the rule, stating, “The Forest Service’s so-called criminal prohibition rule usurps local law enforcement and creates jurisdictional ambiguity. This is mission creep, not good governance, and I have grave constitutional concerns about this rule.” She emphasized the resolution’s purpose to restore authority back to state and local law enforcement agencies.
Representative Maloy similarly highlighted the overreach, saying, “Congress created the Forest Service to manage production and watersheds — not to enforce state and local laws. The criminal prohibition rule is yet another example of agency overreach as it encroaches on the law enforcement authority of our Sheriffs and creates jurisdictional challenges.”
The Western States Sheriffs’ Association has also critiqued this rule, describing it in a December letter as fraught with legal and constitutional issues. They represent over 1,200 sheriffs across 18 states west of the Mississippi River.
For those interested in delving deeper into the specifics, both the full text of the resolution and the critical letter from the Western States Sheriffs’ Association are available online.
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