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 "Miles City Field Office Record of Decision and Approved Resource Management Plan Amendment".

SI-generated grade · five published checks · not individually reviewed by a person · methodology

HJRES 104 is a lawful exercise of Congress's Property Clause power that removes a federal closure and restores open leasing consideration, with no rights infringement, no sovereignty restraint, and no due-process taking.

• ✓ Passes · Enumerated powers
  Congress has express authority over federal territory and property under Article IV, Section 3, Clause 2, the Property Clause, and express lawmaking authority through the Necessary and Proper Clause in Article I, Section 8, Clause 18. A joint resolution of disapproval under chapter 8 of title 5 that nullifies a Bureau of Land Management resource plan amendment, passed by both Houses and presented …
• ✓ Passes · Bill of Rights
  The resolution restricts no protected right. It imposes no limit on speech, religion, press, assembly or petition under the First Amendment, no disarmament under the Second Amendment, no search or seizure under the Fourth Amendment, and no trial or punishment rule under Amendments Five through Eight. It opens federal land to consideration for leasing rather than penalizing belief or expression.
• ✓ Passes · Individual sovereignty
  The measure removes rather than imposes a restraint on use of person, property, labor, and contract protected by the Ninth Amendment and the liberty component of the Fifth Amendment. By voiding a rule that made zero acres open for coal leasing, it restores the ability of miners, lessees, utilities, and consumers to contract and produce subject to otherwise valid law. The government bears the burde…
• ✓ Passes · Decentralization
  Under the Tenth Amendment, federal control should be the minimum necessary. Here the minimum necessary level for disposition of federal title is federal, per Article IV, Section 3, Clause 2. The resolution does not consolidate power upward: it nullifies a 2024 federal closure of 1,745,040 acres and returns the leasing question to statute, state co-management, local input, and open bidding by firms…
• ✓ Passes · Due process and takings
  No person is deprived of life, liberty, or property without due process under the Fifth Amendment and Section 1 of the Fourteenth Amendment, and no property is taken for public use without just compensation. The Act itself creates no adjudication, no penalty, and no seizure. It uses chapter 8 of title 5, with bicameral passage and presentment under Article I, Section 7, Clauses 2-3, giving public …

Sources: Congress.gov: HJRES 104 summary