H.J.Res.62 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Ocean Energy Management relating to Protection of Marine Archaeological Resources. (119th Congress)
Summary
H.J.Res.62 is a joint resolution introduced in the House of Representatives aiming to disapprove a rule submitted by the Bureau of Ocean Energy Management (BOEM) concerning the "Protection of Marine Archaeological Resources." The resolution seeks to nullify the rule, preventing it from having any legal force or effect. The rule in question is identified as 89 Fed. Reg. 71160, published on September 3, 2024.
The resolution utilizes the Congressional Review Act (CRA), codified in chapter 8 of title 5, United States Code, which allows Congress to review and potentially disapprove agency regulations.
This action reflects a congressional check on the executive branch's regulatory authority, specifically targeting a BOEM rule related to marine archaeological resources.
Expected Effects
If H.J.Res.62 is enacted, the BOEM rule regarding the protection of marine archaeological resources will be invalidated. This means the specific protections and regulations outlined in the rule will not be enforced.
The immediate effect would be a rollback of the regulatory framework governing marine archaeological resources under BOEM's jurisdiction. This could lead to changes in how these resources are managed and protected in offshore areas.
Potential Benefits
- Could reduce regulatory burdens on energy companies and other entities operating in offshore areas, potentially lowering costs.
- May allow for more flexibility in offshore development and resource extraction.
- Could address concerns that the BOEM rule is overly restrictive or impedes economic activity.
- Might streamline permitting processes for offshore projects.
- Could lead to a re-evaluation of the best approach to protecting marine archaeological resources, potentially resulting in a more balanced and effective regulatory framework.
Most Benefited Areas:
Potential Disadvantages
- Could weaken protections for marine archaeological resources, potentially leading to damage or destruction of historically significant sites.
- May increase the risk of environmental damage from offshore activities.
- Could undermine efforts to preserve cultural heritage and scientific knowledge.
- Might create uncertainty for stakeholders regarding the regulatory requirements for offshore projects.
- Could lead to conflicts between economic development and environmental protection.
Most Disadvantaged Areas:
Constitutional Alignment
The resolution is an exercise of Congress's legislative powers under Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act, which H.J.Res.62 invokes, is a mechanism by which Congress can check the power of the executive branch and its agencies.
By disapproving a rule issued by the Bureau of Ocean Energy Management, Congress is asserting its authority to oversee and regulate the implementation of laws. This aligns with the principle of separation of powers and the system of checks and balances established by the Constitution.
However, the specific merits of the resolution depend on whether the BOEM rule it seeks to disapprove is itself constitutional and consistent with existing laws. Without a detailed analysis of the BOEM rule, it is difficult to definitively assess the constitutional alignment of H.J.Res.62.
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).