Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to North Dakota Field Office Record of Decision and Approved Resource Management Plan.
Summary
This joint resolution aims to disapprove a rule submitted by the Bureau of Land Management (BLM) concerning the "North Dakota Field Office Record of Decision and Approved Resource Management Plan." The resolution utilizes the Congressional Review Act, chapter 8 of title 5, United States Code, to potentially nullify the BLM's rule.
The rule in question was issued on January 14, 2025, and a Government Accountability Office opinion affirmed its status as a rule under the Congressional Review Act. Congress is exercising its authority to review and potentially reject the rule.
If passed, the resolution would prevent the BLM's resource management plan from taking effect, requiring the agency to reconsider its approach to managing resources in the North Dakota Field Office area.
Expected Effects
If the resolution passes, the BLM's North Dakota Field Office Record of Decision and Approved Resource Management Plan will have no force or effect. This would require the BLM to halt implementation of the plan.
It would also necessitate a review and potential revision of the resource management strategy for the area. This could lead to a new plan being developed and submitted for approval.
Potential Benefits
- Could allow for a resource management plan that better reflects local needs and concerns.
- May lead to a more balanced approach to resource utilization, considering both economic and environmental factors.
- Provides an opportunity for increased public input and stakeholder engagement in the planning process.
- Could prevent unintended negative consequences of the original plan on local communities and industries.
- Reinforces congressional oversight of agency rulemaking, ensuring accountability and transparency.
Potential Disadvantages
- Could delay implementation of necessary resource management strategies, potentially leading to environmental degradation or resource depletion.
- May create uncertainty for businesses and communities that rely on the resources managed by the BLM.
- Could be interpreted as political interference in scientific decision-making, undermining the credibility of the BLM.
- May lead to increased litigation and legal challenges, further delaying the implementation of a resource management plan.
- Could set a precedent for congressional disapproval of agency rules based on political considerations rather than substantive concerns.
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 brought, is an exercise of Congress's power to oversee and disapprove agency rulemaking.
Furthermore, the resolution reflects the principle of checks and balances, ensuring that executive branch agencies are accountable to the legislative branch. By reviewing and potentially disapproving the BLM's rule, Congress is fulfilling its role in ensuring that agency actions are consistent with congressional intent and the public interest.
However, some may argue that such interventions could impinge on the executive branch's authority to implement laws and manage resources, potentially leading to conflicts between the branches of government.
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).