H.J.Res. 140 explained · 119th Congress · Became law
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 Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN.
Cosponsors: 4 (0 D, 4 R) · per Congress.gov, 2026-10-08
Introduced: 2026-01-12
Latest action (2026-04-27): Became Public Law No: 119-85.
What H.J.Res. 140 does, in plain terms
This joint resolution opens approximately 225,504 acres of National Forest System lands in Cook, Lake, and Saint Louis Counties in Minnesota to mineral and geothermal leasing. Specifically, the joint resolution nullifies Public Land Order 7917, which withdrew such land from mineral and geothermal leasing for 20 years beginning in 2023. The Bureau of Land Management issued the order to protect and preserve the Rainy River Watershed, the Boundary Waters Canoe Area Wilderness, the Boundary Waters Canoe Area Wilderness Mining Protection Area, and the 1854 Ceded Territory of the Lake Superior Chippewa from potential adverse effects of mineral and geothermal exploration and development. The joint resolution removes such protections and allows such land to be leased for the exploration and development of minerals and geothermal energy.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Congress acted within its Property Clause authority over federal lands to disapprove a 20-year mineral withdrawal, with no Bill of Rights infringement, no restriction on private person or property, no upward consolidation beyond the necessary federal proprietor, and no due process or takings violation.
-
✓ Passes · Enumerated powers
Congress has explicit authority over federal property under Article IV, Section 3, Clause 2, the Property Clause, which grants Congress power to dispose of and make all needful rules respecting territory and other property belonging to the United States. Nullifying a Bureau of Land Management withdrawal order for 225,504 acres of National Forest System lands and restoring mineral and geothermal le… -
✓ Passes · Bill of Rights
Nullifying Public Land Order 7917 does not abridge speech, religion, press, assembly, or petition under the First Amendment, does not implicate the Second, Third, Sixth, Seventh, or Eighth Amendments, and effects no search, seizure, compelled testimony, or taking under the Fourth and Fifth Amendments. It removes a use-restriction on federal land and permits leasing; it does not compel belief, cens… -
✓ Passes · Individual sovereignty
This measure does not restrict what a person may do with their own person, private property, speech, labor, or belief. It governs the use of public lands owned collectively through the federal government, not private holdings, and in fact widens lawful opportunity for mineral and geothermal exploration through leasing. No private conduct is criminalized and no compelling-justification test is trig… -
✓ Passes · Decentralization
Management and disposition of federally owned National Forest System lands cannot be handled by an individual, family, county, or state acting alone, because title is held by the United States. Action by Congress is the minimum necessary level under the Tenth Amendment, and this resolution does not consolidate new power upward; it exercises existing proprietary stewardship and restores leasing aut… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property without due process under the Fifth Amendment, and no property is taken for public use without just compensation under the Fifth Amendment Takings Clause. The resolution alters the permitted uses of government-owned land and follows the lawful legislative process under Article I, Section 7; it provides public notice through enrollment and publica…
Sources: Congress.gov: HJRES 140 summary
Report an error in this grade
What should pass
“VFA SI Solution”
No solution yet
A sourced SI draft appears here once it passes automated checks (Constitution citation, source verification, independent SI critic). How publication works.
Related on VFA
For journalists and bloggers
“Embed this grade”
Free to use with the link back. The badge and card update when the grade changes. Embed terms →