CLEAR Act of 2025
- Bill Number
- S. 3520
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-12-17: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- Last Updated
- 2026-01-31T13:48:19Z
AI-Generated Summary
Purpose
The "Community Law Enforcement Authority Restoration Act of 2025" (CLEAR Act of 2025) aims to block a specific rule proposed by the U.S. Forest Service that would impose new federal criminal restrictions in national forests. The goal is to prevent what sponsors view as federal overreach into local law enforcement matters, thereby restoring authority to state and local agencies for handling crimes on federal lands.
Key Provisions
- Invalidation of the Rule: The bill declares the Forest Service rule titled "Law Enforcement; Criminal Prohibitions" (published in the Federal Register on November 25, 2024, at 89 Fed. Reg. 92808) to have no legal force or effect.
- Prohibition on Implementation: The Secretary of Agriculture is barred from administering, enforcing, or implementing this rule—or any substantially similar rule—in the future.
Significant Changes to Existing Law
- This legislation directly overrides a recent Forest Service regulation that likely expanded federal criminal penalties for activities in national forests (e.g., unauthorized use of resources or interference with management). Prior to this rule, enforcement in national forests often involved coordination with local authorities, but the new rule may have aimed to centralize federal control.
- By nullifying the rule, the bill reverts enforcement practices to pre-2024 standards, emphasizing deference to state and community law enforcement without altering broader federal laws on forest management.
Potential Impacts
- On Government Agencies: The U.S. Forest Service and Department of Agriculture lose the ability to apply these new criminal prohibitions, potentially simplifying operations but requiring reliance on existing partnerships with state and local police for enforcement. This could reduce federal administrative burdens but increase coordination needs.
- On Citizens: Individuals using national forests for recreation, work, or residence may face unchanged or fewer federal-specific penalties, with law enforcement handled more by familiar local agencies. This could lead to more consistent application of state laws but might create gaps if federal resources are limited.
- On International Relations: No direct impacts, as the bill focuses on domestic land management and enforcement.
Main Stakeholders Affected
- Local and State Law Enforcement Agencies: Gain restored authority to handle crimes in national forests without federal overrides, potentially improving response times and community trust.
- U.S. Forest Service and Department of Agriculture: Face restrictions on rulemaking, limiting their ability to expand federal criminal authority independently.
- Communities Near National Forests: Residents, businesses, and recreational users (e.g., hikers, loggers) benefit from localized enforcement, which may align better with regional needs.
- Environmental and Conservation Groups: Could be indirectly affected if the rule aimed to protect forest resources; its blockage might weaken federal tools for addressing violations like illegal dumping or poaching.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill uses congressional authority to invalidate an agency rule via direct statutory prohibition, a common tool under the Administrative Procedure Act for checking executive actions. It avoids broader challenges to Forest Service jurisdiction but could invite lawsuits if seen as undermining federal land management duties under laws like the National Forest Management Act.
- Constitutional Implications: Raises questions about federalism (the balance of power between federal and state governments under the 10th Amendment), as it prioritizes local authority over federal rules on public lands owned by the U.S. government.
- Political Implications: Introduced by Republican senators from Western states with significant federal lands (e.g., Wyoming, Utah), it reflects ongoing debates over federal "overreach" in rural areas, potentially setting a precedent for similar blocks on agency rules in resource-heavy sectors.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Lummis, Cynthia M. [R-WY]
Cosponsors (4)
Sen. Barrasso, John [R-WY], Sen. Curtis, John R. [R-UT], Sen. Lee, Mike [R-UT], Sen. Rounds, Mike [R-SD]
Recent Actions
- 2025-12-17: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- 2025-12-17: Introduced in Senate
Bill Versions
- Community Law Enforcement Authority Restoration Act of 2025 — issued 2025-12-17 — PDF (2 pages)