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HOUSE · HJRES 62 119 CONGRESS

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".

INTRODUCED
February 26, 2025
POLICY AREA
Public Lands and Natural Resources
STATUS
Referred to the House Committee on Natural Resources.
SOURCE
Congress.gov ↗
This is a joint resolution, not an ordinary bill

A joint resolution goes through the same process as a bill and carries the same legal force once signed. One exception: a joint resolution proposing a constitutional amendment is not presented to the President — it needs a two-thirds vote in both chambers and then ratification by three-quarters of the states. Bill vs. resolution, explained →

Summary

H.J. Res. 62 is a joint resolution introduced in the House of Representatives on February 26, 2025, seeking to disapprove a rule submitted by the Bureau of Ocean Energy Management (BOEM) regarding the 'Protection of Marine Archaeological Resources.' This rule was published in the Federal Register on September 3, 2024, at 89 Fed. Reg. 71160. The resolution operates under the Congressional Review Act (CRA), specifically chapter 8 of title 5 of the United States Code, which allows Congress to overturn federal agency rules by passing a joint resolution of disapproval. If enacted—meaning passed by both the House and Senate and signed by the President—the BOEM rule would be nullified and have no legal force or effect. The rule in question likely establishes protections for underwater cultural heritage sites, such as shipwrecks and submerged archaeological resources, on the Outer Continental Shelf (OCS). By disapproving this rule, Congress would prevent the implementation of regulations that might require permits for activities that could disturb marine archaeological resources, potentially affecting offshore energy development, commercial fishing, and other ocean uses. Supporters of the resolution argue that the rule represents federal overreach that could hinder economic activities and impose unnecessary burdens on industries operating in federal waters. Opponents contend that the rule is necessary to preserve important historical and cultural resources for future generations and that its repeal would leave these sites vulnerable to damage or destruction. As a joint resolution, H.J. Res. 62 must pass both chambers of Congress and be presented to the President for signature to take effect. It does not propose a constitutional amendment, so it follows the standard legislative process rather than the ratification process for amendments.

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Where Each Party Stands

Democrats

MIGHT SUPPORT
+Would prevent the implementation of regulations that protect irreplaceable marine archaeological resources, such as shipwrecks and submerged prehistoric sites, which Democrats generally view as important cultural and historical assets.
+Eliminates a potential obstacle to offshore renewable energy projects, such as wind farms, which Democrats often support as part of climate change mitigation efforts.
+Reduces immediate regulatory costs for industries operating in federal waters, which could be argued to support economic stability in the short term.
+Prevents what some may view as duplicate or overlapping regulations if similar protections exist under state or tribal laws, streamlining compliance for ocean users.
+Aligns with a precautionary approach by avoiding regulations that might have unintended consequences on traditional ocean uses before their full impact is studied.
MIGHT OPPOSE
−Strips away protections for finite marine archaeological resources that represent a non-renewable part of the nation's historical and cultural legacy.
−Undermines efforts to preserve underwater cultural heritage for education, research, and public enjoyment, which many Democrats value as part of environmental stewardship.
−Sends a message that economic interests are prioritized over the conservation of historical resources, potentially conflicting with Democratic values of balancing development with preservation.
−May result in the loss of scientifically valuable information contained in archaeological sites, affecting fields such as maritime history, archaeology, and climate studies.
−Leaves marine archaeological sites vulnerable to damage from offshore energy development, commercial activities, and natural processes without federal oversight, increasing the risk of irreversible harm.

Republicans

MIGHT SUPPORT
+Reduces regulatory burden on offshore energy industries, including oil, gas, and wind development, promoting American energy independence and job creation.
+Prevents federal overreach by limiting the scope of BOEM's authority to regulate activities that may indirectly affect marine archaeological resources.
+Protects existing rights of commercial fishermen and other ocean users who might face new permitting requirements or restrictions under the rule.
+Aligns with principles of limited government by preventing unelected bureaucrats from imposing rules that Congress has not explicitly authorized.
+Avoids potential conflicts with state laws and private property rights by blocking federal regulations that could be seen as encroaching on traditional uses of federal waters.
MIGHT OPPOSE
−Could be seen as disregarding the importance of preserving national historical and cultural heritage, which may have broad public support.
−Removes a layer of protection for non-renewable archaeological resources that, once destroyed, cannot be replaced or restored.
−May lead to inconsistent or inadequate protection of marine archaeological sites if left to state or voluntary measures, creating regulatory uncertainty.
−Could damage the United States' reputation internationally regarding cultural heritage preservation, potentially affecting cooperation in international waters.
−Eliminates a proactive measure that could prevent costly damage mitigation or legal disputes arising from inadvertent disturbances of archaeological sites during development projects.

History

Feb 26, 2025
Referred to the House Committee on Natural Resources.
Feb 26, 2025
Introduced in House
Feb 26, 2025
Introduced in House
SPONSOR
Rep. Ezell, Mike [R-MS-4]
Rep. Ezell, Mike [R-MS-4]
MS District 4 · R
RELATED BILLS
SJRES 11 — 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".
SUBJECTS
Administrative law and regulatory procedures Archaeology and anthropology Historical and cultural resources Marine and coastal resources, fisheries Oil and gas