Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to Record of Decision for the Barred Owl Management Strategy; Washington, Oregon, and California.
Summary
This document is a joint resolution passed by the Senate and House of Representatives disapproving a rule submitted by the United States Fish and Wildlife Service (USFWS) regarding the "Record of Decision for the Barred Owl Management Strategy; Washington, Oregon, and California". The resolution utilizes the Congressional Review Act to nullify the USFWS rule.
The rule, issued on September 6, 2024, addresses the management of barred owls in the Pacific Northwest. The resolution cites a Government Accountability Office (GAO) opinion concluding that the USFWS record of decision qualifies as a rule under the Congressional Review Act.
The resolution was introduced in the Senate on July 24, 2025, referred to the Committee on Environment and Public Works, and subsequently discharged by petition and placed on the calendar on October 15, 2025.
Expected Effects
If enacted, this resolution would prevent the implementation of the USFWS's Barred Owl Management Strategy in Washington, Oregon, and California. This could lead to a continuation of existing management practices or require the USFWS to develop a new strategy that addresses congressional concerns.
The disapproval would effectively negate the rule, meaning the Fish and Wildlife Service would need to reconsider its approach. This could impact the conservation efforts related to the northern spotted owl, which is threatened by the barred owl.
Potential Benefits
- Could address concerns raised by Congress regarding the economic or social impacts of the Barred Owl Management Strategy.
- May lead to the development of a more balanced approach that considers various stakeholder interests.
- Could ensure greater transparency and public input in the decision-making process related to wildlife management.
- Could potentially protect local economies dependent on timber if the original strategy was overly restrictive.
- Might lead to a more effective long-term strategy if the original plan had flaws.
Potential Disadvantages
- Could hinder efforts to protect the threatened northern spotted owl, which the Barred Owl Management Strategy aimed to support.
- May create uncertainty and instability in wildlife management practices in the affected regions.
- Could undermine the authority and expertise of the USFWS in making science-based conservation decisions.
- May lead to increased conflict and litigation over wildlife management issues.
- Could set a precedent for Congress to overturn agency rules based on political considerations rather than scientific evidence.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution is an exercise of Congress's legislative power under Article I, Section 1 of the US Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is brought, is a mechanism by which Congress can review and disapprove agency rules, ensuring that agencies do not exceed the authority delegated to them by Congress.
This action aligns with the principle of checks and balances, allowing Congress to oversee the executive branch's implementation of laws. The resolution does not appear to infringe upon any specific constitutional rights or protections.
However, the appropriateness of this action depends on whether the USFWS rule exceeded its statutory authority or was arbitrary and capricious. If the rule was a reasonable interpretation of existing law, congressional disapproval could be seen as an overreach of legislative power.
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).