A joint resolution 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".
- Bill Number
- S.J.Res. 17
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-02-06: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- Last Updated
- 2025-12-05T21:59:32Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 17) aims to block a new rule proposed by the Forest Service, part of the U.S. Department of Agriculture. The rule, titled "Law Enforcement; Criminal Prohibitions," would add new criminal penalties for certain activities on public lands managed by the Forest Service. By disapproving the rule, Congress seeks to prevent it from becoming law, using a process called the Congressional Review Act (CRA), which allows lawmakers to overturn recent federal agency regulations.
Key Provisions
- Disapproval of the Rule: The resolution explicitly states that Congress disapproves the Forest Service rule published in the Federal Register on November 25, 2024 (volume 89, page 92808).
- Nullification: If passed, the rule would have "no force or effect," meaning it cannot be implemented or enforced.
- Introduction and Referral: Introduced in the Senate on February 6, 2025 (legislative day February 5), by Senators Lummis, Rounds, Lee, and Barrasso; referred to the Senate Committee on Agriculture, Nutrition, and Forestry for review.
Significant Changes to Existing Law
- This resolution does not create new laws but overrides an administrative rule under the CRA (chapter 8 of title 5, U.S. Code), a 1996 law that gives Congress a limited window (usually 60 legislative days) to review and veto agency actions.
- It would reverse the Forest Service's attempt to expand criminal prohibitions (rules defining illegal acts and penalties) beyond current statutes, such as those in the Code of Federal Regulations related to forest management and law enforcement.
- No changes to broader existing laws like the National Forest Management Act; instead, it maintains the status quo by blocking the update.
Potential Impacts
- On Government Agencies: The Forest Service would lose authority to enforce the new prohibitions, potentially limiting its tools for protecting national forests from activities like unauthorized resource extraction or safety violations. This could require the agency to rely on older rules or seek new legislative approval for similar measures.
- On Citizens: Users of national forests (e.g., hikers, campers, hunters, or loggers) would avoid new federal criminal penalties outlined in the rule, preserving current levels of regulation. However, it might lead to ongoing debates over public land safety and resource protection.
- On International Relations: No direct impacts, as the rule focuses on domestic U.S. public lands.
Main Stakeholders Affected
- Forest Service and Department of Agriculture: Directly impacted, as their rulemaking authority is challenged.
- Congressional Members: Sponsors (e.g., Senators from Western states with large forest areas) represent interests in reducing federal overreach on land use.
- Public Land Users and Businesses: Individuals and companies operating in national forests, including recreationists, timber industries, and environmental groups, who may support or oppose expanded enforcement.
- Law Enforcement: Federal officers (e.g., Forest Service police) would not gain new criminal tools, affecting how they handle violations.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the CRA, a rare but powerful tool (used over 20 times successfully since 1996) that bypasses normal rulemaking challenges in courts. If enacted, it prevents judicial review of the disapproved rule, streamlining congressional oversight of the executive branch.
- Constitutional: Reinforces the separation of powers by allowing Congress (Article I) to check executive agencies (Article II), ensuring elected lawmakers have a say in regulatory changes without needing a full new law.
- Political: Highlights tensions between Congress and the executive branch over environmental and land-use policies. Introduced early in the 119th Congress (2025–2026), it signals potential partisan divides, especially in states with significant federal lands, and could set a precedent for future CRA uses against agency rules.
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 (3)
Sen. Rounds, Mike [R-SD], Sen. Lee, Mike [R-UT], Sen. Barrasso, John [R-WY]
Recent Actions
- 2025-02-06: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- 2025-02-06: Introduced in Senate
Bill Versions
- 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. — issued 2025-02-06 — PDF (2 pages)