Bills of Congress by U.S. Congress

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

This joint resolution disapproves a rule issued by the Bureau of Ocean Energy Management (BOEM) concerning the protection of marine archaeological resources. The rule, as referenced in the document (89 Fed. Reg. 71160 (September 3, 2024)), would be nullified if the resolution is enacted.

The resolution utilizes the Congressional Review Act, which allows Congress to overturn agency regulations. This action reflects a check on executive agency power by the legislative branch.

The resolution was passed by the Senate on February 25, 2025, indicating bipartisan or significant support within that chamber.

Expected Effects

If enacted, the BOEM rule regarding the protection of marine archaeological resources will not go into effect. This could lead to less stringent oversight of activities impacting these resources in offshore areas.

Industries operating in these areas might experience reduced regulatory burdens. However, it could also increase the risk of damage or destruction to significant historical sites.

Potential Benefits

  • Potentially reduces regulatory burdens on industries operating offshore, such as energy companies.
  • May lead to faster project approvals and reduced compliance costs for these industries.
  • Could be viewed as a correction of regulatory overreach by the executive branch.
  • Reinforces congressional oversight of agency actions, promoting accountability.
  • Could spur economic activity by reducing barriers to offshore development.

Potential Disadvantages

  • Increased risk of damage or destruction to marine archaeological sites due to reduced protection.
  • Potential loss of valuable historical and cultural resources.
  • May negatively impact scientific research and understanding of past human activities in coastal areas.
  • Could lead to conflicts with international agreements or treaties related to the protection of cultural heritage.
  • May be perceived as prioritizing economic interests over environmental and cultural preservation.

Constitutional Alignment

This resolution aligns with Article I, Section 1 of the U.S. Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is enacted, is a mechanism for Congress to check the power of the executive branch, ensuring that agencies do not overstep their authority.

By disapproving the BOEM rule, Congress is exercising its legislative power to shape policy and regulate agency actions. This is consistent with the principle of separation of powers and the system of checks and balances established by the Constitution.

However, the specific merits of the policy decision to disapprove the rule are subject to debate and do not directly implicate constitutional principles.

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).