Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to Central Yukon Record of Decision and Approved Resource Management Plan.
Summary
This document is a joint resolution (S.J. Res. 63) introduced in the Senate, aiming to disapprove a rule submitted by the Bureau of Land Management (BLM) regarding the "Central Yukon Record of Decision and Approved Resource Management Plan." The resolution seeks to nullify the BLM's decision, which was issued on November 12, 2024. It cites the Congressional Review Act (CRA) as the basis for congressional disapproval.
The resolution was introduced by Mr. Sullivan and Ms. Murkowski and was initially referred to the Committee on Energy and Natural Resources. The committee was later discharged by petition, and the resolution was placed on the calendar.
The core of the resolution states that Congress disapproves of the BLM rule and that it should have no force or effect, referencing both the record of decision and a Government Accountability Office (GAO) opinion concluding the plan is a rule under the CRA.
Expected Effects
If passed, this resolution would prevent the Bureau of Land Management's "Central Yukon Record of Decision and Approved Resource Management Plan" from taking effect. This would maintain the status quo prior to the BLM's decision.
The practical implications would depend on the specifics of the resource management plan and the reasons for congressional disapproval.
Potential Benefits
- Potentially allows for greater congressional oversight of executive agency actions, reinforcing the separation of powers.
- Could address concerns about the specific resource management plan if Congress believes it is flawed.
- May lead to a revised resource management plan that better reflects the interests of stakeholders.
- Could prevent unintended negative consequences of the BLM's plan.
- Provides an opportunity for public debate and scrutiny of the BLM's decision.
Potential Disadvantages
- Could hinder the implementation of a potentially beneficial resource management plan.
- May create uncertainty for businesses and individuals affected by the plan.
- Could be seen as an overreach of congressional authority into executive agency decision-making.
- May delay necessary conservation or development efforts in the Central Yukon region.
- Could lead to political gridlock and prevent effective resource management.
Constitutional Alignment
This resolution invokes the Congressional Review Act (CRA), which is designed to provide Congress with oversight of agency rulemaking. Article I, Section 1 of the Constitution vests all legislative powers in Congress, which arguably includes the power to review and disapprove of agency rules that have the force of law.
The CRA itself has been subject to constitutional debate, particularly regarding the scope of congressional authority over executive agencies. The resolution's alignment with the Constitution depends on the interpretation of the separation of powers doctrine and the extent to which Congress can delegate authority to agencies while retaining oversight.
Furthermore, the resolution does not appear to infringe upon any specific individual rights or liberties protected by the Bill of Rights.
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).