S.jres11 - 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
Senate Joint Resolution 11 proposes congressional disapproval of a rule submitted by the Bureau of Ocean Energy Management (BOEM) concerning the protection of marine archaeological resources. The resolution aims to nullify the rule outlined in 89 Fed. Reg. 71160, published on September 3, 2024. If passed, the rule would have no force or effect.
The resolution was introduced in the Senate by Mr. Kennedy, with Mrs. Hyde-Smith as a co-sponsor, and was referred to the Committee on Energy and Natural Resources. The core purpose is to exert congressional oversight over BOEM's regulatory actions.
This action reflects a legislative check on executive agency rulemaking, as provided under Chapter 8 of Title 5, United States Code.
Expected Effects
If the resolution passes, the BOEM rule regarding the protection of marine archaeological resources will be invalidated. This would mean that the specific protections outlined in the rule would not be enforced.
The practical effect would depend on the content of the disapproved rule and the existing framework for protecting marine archaeological resources. It could lead to altered management practices in ocean energy development.
Ultimately, the impact would be felt by stakeholders involved in offshore activities, including energy companies, environmental groups, and those interested in preserving cultural heritage.
Potential Benefits
- Potentially reduces regulatory burdens on energy companies and other entities operating in marine environments.
- May streamline permitting processes for offshore projects.
- Could lead to cost savings for businesses due to reduced compliance requirements.
- Allows Congress to assert its oversight role in federal agency rulemaking.
- Could encourage BOEM to revise the rule to address congressional concerns.
Most Benefited Areas:
Potential Disadvantages
- May weaken protections for marine archaeological resources, potentially leading to damage or destruction of historically significant sites.
- Could increase the risk of environmental damage from offshore activities.
- May create uncertainty for businesses if the regulatory framework becomes unstable.
- Could be viewed as a setback for cultural heritage preservation efforts.
- May lead to legal challenges from environmental and historical preservation groups.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution aligns with the principle of legislative oversight of the executive branch, as established in Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act (Chapter 8 of Title 5) provides a mechanism for Congress to disapprove agency rules, ensuring that agencies do not overstep their authority.
By disapproving the BOEM rule, Congress is exercising its power to check the executive branch and ensure that regulations align with legislative intent. This action does not appear to infringe on any specific constitutional rights or protections.
However, the specific alignment depends on the content of the disapproved rule and whether it implicates any constitutional concerns, such as property rights or environmental protection mandates.
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).