Lummis Unveils CLEAR Act to Roll Back Biden Administration’s Forest Service Criminal Enforcement Rule

December 18, 2025

Washington, D.C.-Senator Cynthia Lummis, joined by Rep. Celeste Maloy (UT-02), unveiled the CLEAR Act, legislation to overturn the Biden administration's U.S. Forest Service (USFS) Criminal Prohibitions Rule, which granted the Forest Service authority to prosecute state law infractions including controlled substance and alcohol possession, providing alcohol to underage individuals, drug paraphernalia violations, and property offenses, among other breaches.

"The Biden administration's Forest Service Criminal Prohibitions Rule undermines state and local police authority while unnecessarily muddying jurisdictional lines," Senator Lummis stated. "This represents useless bureaucratic overreach rather than sound policy. I'm pleased to work with Rep. Maloy in introducing this measure to restore authority to state and municipal law enforcement.

"The U.S. Forest Service's Criminal Prohibitions Rule goes far beyond the agency's core mission of managing our public lands," said Senator Curtis. "This bill rescinds an unnecessary expansion of federal power, ensures that law enforcement responsibilities remain where they belong, and protects Americans from duplicative and confusing enforcement regimes. The CLEAR Act is a commonsense step toward transparent governance and respect for the rule of law."

The US Forest Service law enforcement contingent, while a great resource when needed, should be responsive to the needs of Wyoming citizens," said Sheriff Rod Odenbach, Wyoming Sheriff's Association President. The only effective way to accomplish a community first approach to enforcement is through the duly elected sheriffs that serve our Wyoming counties."

Background:

• The CLEAR Act would rescind the U.S. Forest Service's (USFS) Criminal Prohibitions Rule.
• 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 was a Biden-era rule.
• This legislation is endorsed by the Western States Sheriffs Association and the Wyoming Association of Sheriffs.
• Rep. Maloy (UT-02) is introducing the House version. Senator John Barrasso (R-WY) and Senator John Curtis (R-UT) are cosponsors.

Read the full letter from Wyoming Sheriff's Association here.

Read the full letter from Western Sheriffs' Association here.

Read the full bill text here.

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