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Wednesday, February 12, 2025

Resolution challenges USFS authority over state laws on national forest lands

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Cynthia Lummis, U.S. Senator for Wyoming | https://www.lummis.senate.gov/senwestcaucus-thechairs/

Cynthia Lummis, U.S. Senator for Wyoming | https://www.lummis.senate.gov/senwestcaucus-thechairs/

Senator Cynthia Lummis of Wyoming and Representative Celeste Maloy of Utah have introduced a Congressional Review Act resolution to challenge the U.S. Forest Service's Criminal Prohibitions Rule. This rule, effective since December 26, 2024, allows the Forest Service law enforcement to enforce state laws on National Forest lands and incorporates state traffic laws into federal regulations.

Senator Lummis expressed concerns about the rule, stating, "The Forest Service’s so-called criminal prohibition rule usurps local law enforcement and creates jurisdictional ambiguity." She added that this represents "mission creep, not good governance," highlighting her constitutional concerns.

Representative Maloy echoed these sentiments by emphasizing the original purpose of the Forest Service. "Congress created the Forest Service to manage production and watersheds — not to enforce state and local laws," she stated. Maloy criticized the rule as an example of agency overreach that interferes with local law enforcement authority.

The Western States Sheriffs’ Association, which includes more than 1,200 sheriffs from 18 states west of the Mississippi River, has also opposed this rule. In a letter issued last December, they described it as "wrought with legal and constitutional hurdles."

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