PolicyBrief
H.J.RES. 36
119th CongressFeb 5th 2025
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Forest Service of the Department of Agriculture relating to "Law Enforcement; Criminal Prohibitions".
IN COMMITTEE

This bill disapproves of and nullifies the Forest Service rule relating to law enforcement and criminal prohibitions.

Celeste Maloy
R

Celeste Maloy

Representative

UT-2

LEGISLATION

Congress Nixes Forest Service Rule on Law Enforcement: Reversal of 'Criminal Prohibitions' Regulation

This bill, straight up, cancels out a recent Forest Service rule about law enforcement and criminal prohibitions on National Forest System lands. Published in the Federal Register (89 Fed. Reg. 92808), that rule is now officially off the books thanks to this congressional action.

Back to Square One

Essentially, whatever regulations and enforcement procedures the Forest Service had in place regarding criminal activity are rolled back. The bill doesn't lay out a new system; it just hits the 'undo' button on the one the Forest Service put forward. This means that, at least for now, it is like the rule never existed.

Real-World Rollback

For folks who use National Forest lands – think hikers, campers, loggers, or even researchers – this could mean a shift in what's allowed, or at least, what's enforced. Imagine a small business owner who leads guided tours in a National Forest. If the nixed rule had, for example, restricted certain routes or activities, those restrictions are now theoretically gone. Or, picture a rancher whose grazing lands border Forest Service property. If the rule dealt with, say, trespassing livestock or boundary disputes, the enforcement landscape just changed. The precise impacts depend on the specifics of the now-nullified rule, but the key takeaway is a return to the previous status quo.

The Oversight Angle

This move highlights Congress's power to check agency regulations. It's a direct use of the Congressional Review Act, which lets lawmakers overturn recently enacted federal agency rules. While this keeps the Forest Service in check, it also raises a flag about the potential for regulatory whiplash. If rules can be easily undone, it might make long-term planning trickier for both the agency and the people who interact with these lands. There’s also a question of how this impacts the Forest Service’s ability to do its job, especially if the old rulebook wasn’t working in the first place. The bill doesn't offer solutions to any underlying issues the original rule may have been trying to address.