Technical corrections only. v5 updates the bill's status from an enrolled bill to Public Law 119-3, incorporating the approval date and legislative history. No substantive policy changes were made to the joint resolution's operative text.
A joint resolution 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".
- Sponsor
- Sen. Kennedy, John [R-LA]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Mar 14, 2025
Bottom line
Congress has used the Congressional Review Act to block a new BOEM rule aimed at protecting marine archaeological resources, thereby maintaining the prior regulatory framework and restricting future similar agency actions.
What it actually does
This joint resolution utilizes the Congressional Review Act (CRA) to formally disapprove and nullify a final rule issued by the Bureau of Ocean Energy Management (BOEM) titled "Protection of Marine Archaeological Resources," which was published on September 3, 2024. By doing so, the resolution prevents the BOEM rule from taking effect and also prohibits the agency from issuing any substantially similar rule in the future without specific statutory authorization from Congress.
Proponents argue
Proponents of this disapproval argue that the BOEM rule represented an overreach of executive authority and would have imposed unnecessary regulatory burdens and costs on offshore industries, potentially hindering critical economic activities such as energy development. They contend that existing environmental review processes are sufficient to address archaeological concerns without additional, potentially stifling, federal mandates.
Opponents contend
Opponents of the disapproval, who supported the original BOEM rule, assert that the rule was a necessary measure to protect invaluable and often fragile marine archaeological sites from damage during offshore industrial activities. They argue that these resources hold significant historical and cultural value and that the disapproval undermines essential safeguards, potentially prioritizing industrial interests over the preservation of national heritage.
The bill text is exceptionally brief and can be read in a matter of seconds, allowing ample time for public evaluation and understanding of its direct impact.
Section 1
Disapproval of BOEM Rule on Marine Archaeological Resources
This provision explicitly states that Congress disapproves the rule submitted by the Bureau of Ocean Energy Management (BOEM) concerning the "Protection of Marine Archaeological Resources," which was published in the Federal Register on September 3, 2024. As a direct consequence of this congressional disapproval, the BOEM rule is rendered without any legal force or effect, meaning it cannot be implemented or enforced by the agency.
Supporters argue
Supporters of this disapproval argue that the BOEM rule imposed undue regulatory burdens and costs on critical offshore industries, potentially hindering energy development or other economic activities. They contend that existing environmental review processes are sufficient to address archaeological concerns without the need for additional, potentially overreaching, federal mandates.
Critics contend
Opponents of the disapproval (i.e., those who supported the BOEM rule) argue that the rule was a necessary measure to protect irreplaceable marine archaeological sites, which hold significant historical and cultural value. They contend that without this rule, these fragile resources are at greater risk from offshore industrial activities, and that the disapproval undermines efforts to preserve national heritage.
Tradeoffs
The resolution highlights a tension between promoting offshore economic development and ensuring the protection of marine cultural heritage. It also reflects a broader debate about the appropriate scope of federal regulatory authority versus industry autonomy and the adequacy of existing environmental review frameworks.
The disapproval of the rule under the Congressional Review Act (CRA) means that the Bureau of Ocean Energy Management (BOEM) is prohibited from reissuing the disapproved rule in substantially the same form, or issuing any new rule that is substantially similar, unless specifically authorized by a subsequent Act of Congress.
Implicit in "Congress disapproves the rule... and such rule shall have no force or effect." (Consequence of 5 U.S.C. Chapter 8)
Why it matters:This is standard legislative practice for CRA resolutions; the resolution itself does not typically restate the full statutory implications of the CRA, as those are already codified in federal law.
Case for: Proponents of the CRA's 'substantially similar' clause argue that it is essential to prevent federal agencies from simply re-issuing a disapproved rule with minor modifications, thereby ensuring that congressional disapproval has a meaningful and lasting impact on regulatory policy and serves as a true check on agency power.
Case against: Critics contend that the 'substantially similar' clause can be overly restrictive, potentially preventing agencies from making necessary updates or improvements to regulations even if new scientific data, public sentiment, or evolving circumstances warrant such changes, effectively freezing policy in a specific area.
Estimated impact: This provision has a significant long-term impact on BOEM's ability to regulate marine archaeological resources, potentially requiring new legislation for any future protective measures in this domain.