Rep. Maloy and Senator Lummis Introduce Resolution to Block Rule Authorizing USFS to Enforce State Laws
Washington, D.C.,
February 7, 2025
Rep. Celeste Maloy (UT-02) and Senator Cynthia Lummis (R-WY) introduced a Congressional Review Act resolution to block the United States Forest Service’s (USFS) Criminal Prohibitions Rule which gives law enforcement in the Forest Service the authority to enforce state laws on National Forest lands. Senator Cynthia Lummis (R-WY) introduced companion legislation in the Senate.
The Criminal Prohibitions Rule allows the U.S. Forest Service to enforce state law violations for possession of controlled substances and alcohol, furnishing alcoholic beverages to minors, drug paraphernalia, and property crimes among other violations. Additionally, the rule incorporates state traffic laws into the federal code including laws for driving without a license or while under the influence. It went into effect on December 26, 2024.
"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. It must be stopped," said Rep. Maloy.
“The Forest Service’s so-called criminal prohibition rule usurps local law enforcement and creates jurisdictional ambiguity,” said Senator Lummis. “This is mission creep, not good governance, and I am proud to join my colleagues in filing this resolution to return power to state and local law enforcement agencies.”
The Western States Sheriffs’ Association, representing over 1,200 Sheriffs and 18 states west of the Mississippi, condemned the USFS’ rule in a letter last December saying it is “wrought with legal and constitutional hurdles.” You can read that letter here.
Read the text of the resolution here. |