H.R. 9705 explained  ·  118th Congress  ·  Not enacted (118th Congress ended)

Oyster Reef Recovery Act

Create a free account or sign in to follow H.R. 9705 and get alerts. Policy area: Public Lands and Natural Resources Create a free account or sign in to follow the Public Lands and Natural Resources policy area and get alerts. ▲ 761 days since action Sponsor: Alexandria Ocasio-Cortez, NY-14, D → Congress.gov

Introduced: 2024-09-19

Latest action (2024-09-19): Referred to the House Committee on Natural Resources.

What H.R. 9705 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 9705 yet. Its official title: “Oyster Reef Recovery Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 9705 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

Congress holds authority under the Property Clause and Commerce Clause to manage and restore oyster reefs on federal lands, navigable waters, and resources affecting interstate commerce and navigation.

Hamilton YES

The Oyster Reef Recovery Act pertains to the management and restoration of natural resources, likely situated upon public lands or navigable waters under federal dominion. Congress possesses explicit authority to dispose of and regulate property belonging to the United States, encompassing public lands and associated resources. Moreover, such endeavors implicate the regulation of commerce among the states, particularly concerning fisheries and coastal navigation, which demand uniform federal oversight to prevent discordant state regulations that could impair the general welfare and commercial …

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 3 Federalist No. 17
Jefferson CONDITIONAL

The federal authority to manage and improve property belonging to the United States, including public lands and waters where oyster reefs may lie, is enumerated, permitting recovery efforts thereon. However, such acts must strictly confine themselves to federal domains and not encroach upon the reserved powers of the states over their own lands, waters, and resources, lest they violate the reserved rights of the people and states. No compulsion upon private property owners or state governments is tolerable without just compensation or consent.

Article IV, Section 3, Clause 2 Amendment X Amendment V
Madison YES

The Oyster Reef Recovery Act pertains to public lands and natural resources, falling within the enumerated powers of Congress to manage property belonging to the United States and to regulate commerce among the states. Such authority ensures limited federal government action confined to its proper sphere, preventing encroachment upon the reserved powers of the states while addressing matters of national extent, such as resources in federal territories or affecting interstate navigation and trade.

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 3 Federalist No. 45 Federalist No. 42
Marshall YES

The Oyster Reef Recovery Act pertains to public lands and natural resources, falling within the enumerated powers of Congress to regulate commerce among the several States and with foreign nations, as well as to exercise exclusive legislation over federal territory and property. Recovery efforts for oyster reefs, situated in navigable waters or on public lands, implicate the regulation of commerce, including fisheries and navigation essential to interstate and foreign trade. Such measures are also necessary and proper to the execution of these powers, as they preserve resources vital to commer…

Article I, Section 8, Clause 3 Article IV, Section 3, Clause 2 Gibbons v. Ogden (1824) McCulloch v. Maryland (1819)
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