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 "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt".
- Bill Number
- H.J.Res. 78
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Animals
- Status
- Passed House
- Latest Action
- 2025-05-05: Received in the Senate.
- Last Updated
- 2026-07-10T15:38:29Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 78) aims to disapprove a specific rule issued by the U.S. Fish and Wildlife Service (USFWS), preventing it from taking effect. The rule in question would have designated the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt—a small fish species—as endangered under the Endangered Species Act (ESA). By disapproving the rule, Congress seeks to block federal protections for this fish population.
Key Provisions
- Disapproval Mechanism: The resolution invokes the Congressional Review Act (CRA), a law that allows Congress to review and overturn certain federal agency rules. It specifically targets the USFWS rule titled "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt," published in the Federal Register on July 30, 2024 (89 Fed. Reg. 61029).
- Nullification: If enacted, the rule would have "no force or effect," meaning the Longfin Smelt population would not receive endangered status or associated protections under the ESA.
- Legislative Passage: The resolution passed the House of Representatives on May 1, 2025, and requires Senate approval and presidential signature (or veto override) to become law.
Significant Changes to Existing Law
- This resolution does not amend the ESA or CRA directly but overrides a specific regulatory action under them. It reverses the USFWS's determination that the Longfin Smelt population warrants endangered status, which would have triggered mandatory protections like habitat conservation and restrictions on activities that harm the species.
- Under the CRA, this disapproval prevents the rule from being implemented and prohibits the agency from issuing a substantially similar rule without new congressional authorization, effectively altering how the ESA is applied to this species in the short term.
Potential Impacts
- On Government Agencies: The USFWS would be barred from enforcing protections for the Longfin Smelt, potentially reducing regulatory burdens but limiting the agency's ability to address species decline in the San Francisco Bay-Delta region. Other agencies involved in water management (e.g., Bureau of Reclamation) might face fewer ESA-related constraints on operations.
- On Citizens and Environment: Local communities, including farmers and urban water users in California, could benefit from fewer restrictions on water diversions and land use, as endangered status often leads to limits on activities to protect fish habitats. However, environmental degradation of the Bay-Delta ecosystem might accelerate, affecting biodiversity and water quality for residents.
- On International Relations: Minimal direct impact, though it could influence U.S. commitments under international biodiversity agreements by signaling reduced priority on domestic species conservation.
Main Stakeholders Affected
- Environmental and Conservation Groups: Organizations like the Natural Resources Defense Council may oppose the resolution, as it hinders efforts to protect declining fish populations.
- Water Users and Agriculture: Farmers, irrigation districts, and cities in California's Central Valley stand to gain from avoided restrictions on water pumping and storage, which have been contentious under ESA rules.
- Fishing and Commercial Interests: Recreational and commercial fishers could see mixed effects; while reduced protections might ease some regulations, it risks long-term harm to the Bay-Delta fishery ecosystem.
- Federal Agencies: Primarily the USFWS and related bodies like the National Marine Fisheries Service, which enforce ESA protections.
- Congress and Local Governments: Members of Congress from affected regions (e.g., California) and state officials involved in water policy would be key players in debates over implementation.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the CRA's role as a check on executive branch rulemaking, allowing Congress to nullify agency decisions without new legislation. It highlights tensions between administrative expertise (USFWS's scientific assessment) and congressional oversight.
- Constitutional: Aligns with the separation of powers by enabling legislative reversal of executive actions, but could raise questions about deference to agency science in environmental law if challenged in court.
- Political: Reflects partisan divides on environmental regulation versus economic priorities, particularly in water-scarce regions. Passage could set a precedent for using the CRA against other ESA listings, potentially politicizing species protections and influencing future biodiversity policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Rep. Calvert, Ken [R-CA-41], Rep. Fong, Vince [R-CA-20], Rep. Issa, Darrell [R-CA-48], Rep. Kim, Young [R-CA-40], Rep. McClintock, Tom [R-CA-5], Rep. Valadao, David G. [R-CA-22], Rep. Kiley, Kevin [R-CA-3], Rep. Obernolte, Jay [R-CA-23]
Recent Actions
- 2025-05-05: Received in the Senate.
- 2025-05-01: Motion to reconsider laid on the table Agreed to without objection.
- 2025-05-01: On passage Passed by the Yeas and Nays: 216 - 195 (Roll no. 113). (text: CR H1781) (Roll call 113)
- 2025-05-01: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 216 - 195 (Roll no. 113). (text: CR H1781) (Roll call 113)
- 2025-05-01: The previous question was ordered pursuant to the rule.
- 2025-05-01: DEBATE - The House proceeded with one hour of debate on H.J. Res. 78.
- 2025-05-01: Rule provides for consideration of H.J. Res. 60, H.J. Res. 78, H.J. Res. 87, H.J. Res. 88 and H.J. Res. 89. The resolution provides for consideration of H.J. Res. 60, H.J. Res. 78, H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89 under a closed rule with one hour of debate and one motion to recommit on each joint resolution.
- 2025-05-01: Considered under the provisions of rule H. Res. 354. (consideration: CR H1781-1786)
- 2025-04-28: Rules Committee Resolution H. Res. 354 Reported to House. Rule provides for consideration of H.J. Res. 60, H.J. Res. 78, H.J. Res. 87, H.J. Res. 88 and H The resolution provides for consideration of H.J. Res. 60, H.J. Res. 78, H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89 under a closed rule with one hour of debate and one motion to recommit on each joint resolution.
- 2025-03-21: Referred to the House Committee on Natural Resources.
- 2025-03-21: Introduced in House
- 2025-03-21: Introduced in House
Bill Versions
- 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 "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt". — issued 2025-05-01 — PDF (4 pages)
- 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 "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt". — issued 2025-03-21 — PDF (2 pages)