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 document is a joint resolution passed by the US Congress to disapprove a rule submitted by the Bureau of Ocean Energy Management (BOEM) regarding the "Protection of Marine Archaeological Resources". The resolution invokes the Congressional Review Act, allowing Congress to overturn agency regulations. The specific rule in question was published in the Federal Register on September 3, 2024.
By disapproving the rule, Congress is preventing it from taking effect. This action reflects a legislative check on the executive branch's regulatory authority.
The resolution itself is concise, stating the disapproval and its legal consequence: the rule will have no force or effect.
Expected Effects
The primary effect of this resolution is that the BOEM rule concerning the protection of marine archaeological resources will not be implemented. This means that the existing regulations or lack thereof will remain in place.
This could lead to continued or altered practices regarding marine archaeological resource management. The long-term consequences depend on whether BOEM issues a revised rule or if Congress takes further legislative action on this matter.
Stakeholders potentially affected include energy companies operating offshore, archaeological researchers, and environmental groups interested in preserving marine heritage.
Potential Benefits
- Potentially reduces regulatory burden on energy companies and other entities operating in marine environments, leading to cost savings.
- Allows for further review and potential revision of the rule, addressing concerns that may have led to congressional disapproval.
- Reinforces congressional oversight of executive branch agencies and their regulatory actions.
- May prevent unintended consequences or negative impacts that the disapproved rule could have had.
- Could lead to a more balanced approach to marine archaeological resource protection that considers economic and other factors.
Most Benefited Areas:
Potential Disadvantages
- Weakens protection for marine archaeological resources, potentially leading to damage or destruction of historically significant sites.
- Creates uncertainty for stakeholders who rely on clear regulatory guidelines for their activities in marine environments.
- Undermines the expertise and efforts of the Bureau of Ocean Energy Management in developing regulations to protect these resources.
- May lead to future conflicts or litigation over the management of marine archaeological sites.
- Could be perceived as prioritizing economic interests over cultural heritage and environmental protection.
Most Disadvantaged Areas:
Constitutional Alignment
This resolution aligns with Article I, Section 1 of the US Constitution, which vests all legislative powers in Congress. The Congressional Review Act, under which this resolution is enacted, is a mechanism by which Congress can check the power of the executive branch in creating regulations. This is consistent with the system of checks and balances established by the Constitution.
The resolution does not appear to infringe upon any specific constitutional rights or freedoms. It is a procedural action related to the regulation of activities on the outer continental shelf.
However, the long-term impact on the preservation of cultural heritage could be debated in terms of the general welfare clause of the Constitution's preamble.
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).