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House approves measure clarifying state response to federal land law and contracting
Summary
HB 391 passed the House to clarify contracting expectations between local law enforcement and federal land managers and to define 'jurisdictional authorization' for public lands; sponsors cited FLPMA (43 U.S.C. §1733(c)(1)) and said the change aims to protect local court jurisdiction. The bill passed and will go to the Senate.
Representative Noel brought HB 391 forward as a two-part measure: first, to reinforce contracting expectations under the Federal Land Policy and Management Act so federal land managers negotiate with local law enforcement “to the greatest extent possible,” and second, to refine the statutory terms used to describe jurisdiction on federal lands.
“...in the Federal Land Policy Management Act, they will negotiate with the greatest extent possible,” Noel said while explaining the bill’s consultation and injunction framework and citing 43 U.S.C. §1733(c)(1) as the statutory anchor for the contracting requirement.
Members asked for clarification about the term the sponsor used — “jurisdictional authorization” — versus exclusive or concurrent jurisdiction. Representative Briscoe and others pressed Noel on how conflicts between federal and local law enforcement would be resolved; Noel pointed to the bill language that provides a consultation pathway with the attorney general and a process for seeking injunctions when necessary.
Debate touched on constitutional and practical concerns about where people are prosecuted and fined for conduct on lands with mixed federal and local characteristics. The sponsor said the bill is designed to keep as much enforcement and adjudication in state and local courts as feasible and to create a formal consultation and remedy path when federal agencies decline to contract with local law enforcement.
The House voted and after an initial tally correction the clerk announced the bill passed the House (restated tally: 65 yeas, 8 nays); HB 391 will be transmitted to the Senate for consideration.
Next steps include potential conference or cross-agency discussions if the Senate makes changes.
