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".
Summary
S.J. Res. 11 is a congressional disapproval resolution under the Congressional Review Act. It nullifies a final rule issued by the Bureau of Ocean Energy Management (BOEM) titled "Protection of Marine Archaeological Resources," published on September 3, 2024. By enacting this joint resolution, Congress determined that the BOEM rule should not take effect and that it has no force or effect.
The resolution does not create a new regulatory program or amend the underlying ocean energy statutes directly; instead, it uses the CRA mechanism to overturn an agency rule. Its practical effect is to remove the federal requirements that BOEM had adopted for protecting marine archaeological resources in the context of offshore energy activities, leaving the prior regulatory framework in place unless and until a new rule is issued.
Impact
The bill affects federal administrative law and BOEM’s regulatory authority over offshore energy development and marine archaeological resource protections. Because it is a joint resolution of disapproval, it invalidates the specific rule at issue and bars it from taking effect, but it does not itself establish replacement standards. The affected parties include BOEM, offshore energy developers, and stakeholders concerned with the identification and protection of submerged cultural and archaeological resources in federal waters.
Sentiment
The voting history suggests the measure was supported by a majority in both chambers but was still politically divided. It passed the Senate 54-42 on the motion to proceed and 54-44 on final Senate passage, then passed the House 220-202 before being signed into law. The close margins indicate substantial support for overturning the rule, alongside significant opposition.
Contention
The main point of contention was whether BOEM’s marine archaeological protection rule was an appropriate or necessary regulatory burden on offshore energy activities. Supporters of the resolution likely viewed the rule as overreaching or duplicative, while opponents likely favored preserving stronger protections for marine archaeological and cultural resources. The split votes show disagreement both over the substance of the rule and over Congress’s use of the Congressional Review Act to reverse it.