A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program"".
- Bill Number
- S.J.Res. 92
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-10-28: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2025-12-09T22:36:03Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 92) aims to disapprove a specific rule issued by the Federal Highway Administration (FHWA), an agency within the U.S. Department of Transportation. The rule in question seeks to eliminate (rescind) certain existing federal regulations related to management systems for roads in national wildlife refuges. By disapproving the rule, the resolution prevents its implementation, invoking the Congressional Review Act (a law that allows Congress to overturn agency rules within a set period after they are finalized).
Key Provisions
- Disapproval of the Rule: The resolution explicitly disapproves the FHWA rule titled "Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program," published in the Federal Register on September 19, 2025 (90 Fed. Reg. 45136).
- Nullification: If enacted, the rule would have no legal force or effect, meaning the targeted regulations remain in place.
- Procedural Path: Introduced in the Senate on October 28, 2025, by Senator Sheldon Whitehouse (D-RI), it was referred to the Senate Committee on Environment and Public Works for review. Passage requires approval by both the Senate and House of Representatives, followed by the President's signature or a veto override.
Significant Changes to Existing Law
- This resolution does not amend statutes directly but uses the Congressional Review Act to block an executive agency action. If successful, it would reverse the FHWA's attempt to streamline or eliminate regulations under 23 U.S.C. § 204 (which governs federal-aid highway systems, including refuge roads) and related coordination with the U.S. Fish and Wildlife Service (FWS).
- The original regulations being protected involve integrated management systems for planning, designing, and maintaining roads within the National Wildlife Refuge System, ensuring environmental protections during transportation projects.
Potential Impacts
- On Government Agencies: The FHWA would be unable to implement the rescission, requiring continued compliance with the existing rules. This could increase administrative burdens for the FHWA and FWS in coordinating refuge road projects, potentially delaying infrastructure improvements but preserving environmental safeguards.
- On Citizens and Environment: Wildlife refuge visitors, local communities near refuges, and environmental advocates may benefit from maintained protections against road-related habitat disruption. However, it could slow road maintenance or upgrades, affecting access for recreation or emergency services.
- On International Relations: Minimal direct impact, though refuge roads may indirectly support U.S. commitments to wildlife conservation under international treaties like the Convention on Biological Diversity.
Main Stakeholders Affected
- Federal Agencies: FHWA (oversees highway funding and rules) and FWS (manages national wildlife refuges and environmental compliance).
- Congressional Members: Senators and Representatives focused on transportation, environment, and public works, particularly those from states with significant wildlife refuges (e.g., coastal or rural areas).
- Environmental and Conservation Groups: Organizations like the National Wildlife Federation, which may support retaining the regulations to protect ecosystems.
- Transportation and Industry Interests: State highway departments, contractors, and developers who might favor rescission for reduced regulatory hurdles in building or maintaining refuge roads.
- Local Communities: Residents and businesses near refuges, balancing needs for accessible roads against wildlife preservation.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces Congress's oversight role under the Congressional Review Act (5 U.S.C. Chapter 8), a post-1996 tool to check executive branch rulemaking. If passed, it sets a precedent for quick congressional intervention in agency deregulatory efforts, potentially leading to litigation if the FHWA challenges the disapproval.
- Constitutional: Highlights the separation of powers, with Congress asserting its legislative authority over administrative actions derived from statutes like the Federal-Aid Highway Act.
- Political: Could spark partisan debate on deregulation versus environmental protection, especially in a divided Congress. As a Senate-initiated measure, it may signal broader resistance to executive streamlining of conservation-related rules, influencing future infrastructure and wildlife policy discussions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Whitehouse, Sheldon [D-RI]
Recent Actions
- 2025-10-28: Read twice and referred to the Committee on Environment and Public Works.
- 2025-10-28: Introduced in Senate
Bill Versions
- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program. — issued 2025-10-28 — PDF (2 pages)