Community Law Enforcement Authority Restoration Act of 2025; CLEAR Act of 2025
Summary
The Community Law Enforcement Authority Restoration Act of 2025 (CLEAR Act of 2025) aims to prevent the Secretary of Agriculture from implementing a specific Forest Service rule concerning criminal prohibitions. This rule is identified as "Law Enforcement; Criminal Prohibitions" (89 Fed. Reg. 92808 (November 25, 2024)). The bill seeks to invalidate this rule and any substantially similar rule.
The bill explicitly prohibits the Secretary of Agriculture from administering, implementing, or enforcing the specified Forest Service rule.
The bill was introduced in the Senate on December 17, 2025, and referred to the Committee on Agriculture, Nutrition, and Forestry.
Expected Effects
If enacted, the CLEAR Act of 2025 would nullify the Forest Service rule "Law Enforcement; Criminal Prohibitions." This would mean the Forest Service could not enforce the specific criminal prohibitions outlined in that rule.
This could lead to changes in how law enforcement is conducted within National Forest System lands. The practical impact would depend on the specific content of the invalidated rule and how it differs from existing regulations.
Potential Benefits
- Potentially reduces regulatory burden on individuals and entities operating within National Forest System lands, depending on the specifics of the rule.
- May restore local control or authority over law enforcement within those areas, if the rule in question centralized authority at the federal level.
- Could prevent overreach by the federal government into local law enforcement matters, depending on the nature of the rule.
- Could lead to a review of other similar regulations, promoting a more streamlined and less burdensome regulatory environment.
- May address concerns about potential conflicts between federal and local law enforcement agencies.
Potential Disadvantages
- Could weaken environmental protections within National Forest System lands if the rule contained important safeguards.
- May reduce the ability of the Forest Service to effectively address criminal activities within these areas.
- Could create confusion or uncertainty regarding applicable law enforcement standards, if the invalidated rule provided clarity.
- Potentially increases the risk of illegal activities, such as illegal logging or poaching, if the rule was designed to deter such behavior.
- May lead to inconsistent enforcement of laws across different National Forest System lands, if the rule promoted uniformity.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the principle of limited government and the separation of powers, as it seeks to restrain the executive branch (Secretary of Agriculture) from implementing a specific rule. Article I, Section 1 of the Constitution vests legislative powers in Congress, suggesting that Congress has the authority to check the power of the executive branch through legislation.
However, the constitutionality of the bill could be challenged if it infringes upon the executive branch's constitutional authority to manage federal lands or enforce federal laws. The specific details of the Forest Service rule and the justification for its invalidation would be relevant in such a challenge.
Furthermore, the bill does not appear to infringe upon any specific individual rights or liberties protected by the Constitution or its amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).