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".
- Bill Number
- S.J.Res. 11
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Became Law
- Became Law
- Public Law 119-3
- Latest Action
- 2025-03-14: Became Public Law No: 119-3.
- Last Updated
- 2026-06-23T14:01:36Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 11) aims to overturn a specific federal rule issued by the Bureau of Ocean Energy Management (BOEM), an agency within the Department of the Interior. The rule focuses on protecting underwater historical sites and artifacts from damage during ocean energy activities, such as offshore oil and gas drilling or renewable energy projects. By disapproving the rule, Congress prevents it from being implemented.
Key Provisions
- Disapproval of the Rule: Congress explicitly rejects the BOEM rule titled "Protection of Marine Archaeological Resources," published in the Federal Register on September 3, 2024 (89 Fed. Reg. 71160).
- Nullification: The rule is declared to have no legal force or effect, meaning it cannot be enforced.
- Authority: This action is taken under the Congressional Review Act (chapter 8 of title 5, United States Code), which allows Congress to review and block recent agency regulations with a simple majority vote and presidential signature (or veto override).
Significant Changes to Existing Law
- Override of Agency Rulemaking: This resolution blocks a new regulation that would have strengthened protections for shipwrecks, ancient ruins, and other underwater cultural heritage in U.S. outer continental shelf areas (federal waters beyond state jurisdiction).
- No Broader Amendments: It does not alter underlying laws like the Outer Continental Shelf Lands Act (which governs ocean energy leasing) but specifically voids this one rule, potentially reverting to prior, less stringent protections for archaeological sites during energy development.
Potential Impacts
- On Government Agencies: BOEM loses authority to enforce the new protections, which could streamline permitting for ocean energy projects but limit the agency's ability to safeguard historical resources without further congressional action.
- On Citizens: Reduces regulatory hurdles for energy exploration, potentially lowering costs for fuel or renewables that affect everyday energy prices; however, it may increase risks to public-accessible marine heritage sites, affecting recreational divers, historians, and communities with cultural ties to underwater artifacts.
- On International Relations: Minimal direct impact, though it could influence U.S. compliance with international agreements like the UNESCO Convention on the Protection of the Underwater Cultural Heritage, potentially drawing criticism from global heritage organizations.
Main Stakeholders Affected
- Bureau of Ocean Energy Management (BOEM): Directly impacted as the rule's creator; must adjust operations without the new protections.
- Energy Industry: Offshore oil, gas, and wind developers benefit from fewer restrictions on site surveys and operations near archaeological areas.
- Archaeologists and Cultural Preservation Groups: Adversely affected, as the rule aimed to prevent accidental damage to historical sites; organizations like the Society for Historical Archaeology may need to advocate for alternative protections.
- Environmental and Indigenous Communities: Potentially harmed if energy activities near sacred or historical sites proceed unchecked, affecting tribal interests in marine cultural resources.
- Congress and Taxpayers: Reinforces congressional oversight of executive actions, possibly saving government resources on rule enforcement.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes the Congressional Review Act, a tool for quick reversal of agency rules within 60 legislative days of submission; once passed, the rule cannot be reissued without new statutory authority, providing a durable check on bureaucracy.
- Constitutional: Highlights the separation of powers, with Congress asserting its legislative role over executive agency rulemaking under Article I of the U.S. Constitution.
- Political: Demonstrates bipartisan or majority congressional intent to limit regulatory expansion in the energy sector, especially timely in the 119th Congress (starting 2025); it could set a precedent for similar disapprovals in areas like environmental regulation, influencing future debates on balancing economic development with cultural preservation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Hyde-Smith, Cindy [R-MS], Sen. Crapo, Mike [R-ID]
Recent Actions
- 2025-03-14: Became Public Law No: 119-3.
- 2025-03-14: Became Public Law No: 119-3.
- 2025-03-14: Signed by President.
- 2025-03-14: Signed by President.
- 2025-03-10: Presented to President.
- 2025-03-10: Presented to President.
- 2025-03-06: Motion to reconsider laid on the table Agreed to without objection.
- 2025-03-06: On passage Passed by the Yeas and Nays: 221 - 202, 1 Present (Roll no. 61). (text: CR H1014-1015) (Roll call 61)
- 2025-03-06: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 202, 1 Present (Roll no. 61). (text: CR H1014-1015) (Roll call 61)
- 2025-03-06: The previous question was ordered pursuant to the rule.
- 2025-03-06: DEBATE - The House proceeded with one hour of debate on S.J. Res. 11.
- 2025-03-06: Rule provides for consideration of H.J. Res. 42, H.J. Res. 61 and S.J. Res. 11. The resolution provides for consideration of H.J. Res. 42, H.J. Res. 61, and S.J. Res. 11 under a closed rule with one of general debate on each measure. The resolution also provides for one motion to recommit on H.J. Res. 42 and H.J. Res. 61 and one motion to commit on S.J. Res. 11.
- 2025-03-06: Considered under the provisions of rule H. Res. 177. (consideration: CR H1014-1019)
- 2025-03-04: Rule H. Res. 177 passed House.
- 2025-02-26: Held at the desk.
Bill Versions
- 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. — issued 2025-03-07 — PDF (1 pages)
- 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. — issued 2025-02-25 — PDF (2 pages)
- 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. — issued 2025-02-04 — PDF (2 pages)
- 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. — issued 2025-02-24 — PDF (4 pages)