H.R. 360 explained  ·  119th Congress  ·  Pending in Congress

Oyster Reef Recovery Act of 2025

Create a free account or sign in to follow H.R. 360 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. ▲ 644 days since action Sponsor: Alexandria Ocasio-Cortez, NY-14, D → Congress.gov

Cosponsors: 3 (1 D, 2 R) · per Congress.gov, 2026-10-12

Introduced: 2025-01-13

Latest action (2025-01-13): Referred to the House Committee on Natural Resources.

What H.R. 360 does, in plain terms

Oyster Reef Recovery Act of 2025 This bill directs the National Oceanic and Atmospheric Administration (NOAA) to establish a grant program to support the conservation of oyster reefs. Under the bill, NOAA must award grants and provide technical assistance to qualified entities to support the conservation, restoration, enhancement, or management of oyster reefs. (An oyster reef is a large colonial aggregation of living oysters and shells, rocks, or other items that have grown together and provide a habitat for other marine animals and plants.) Grants must be used for research, planning, construction, assessments, management, building capacity, monitoring, collaborating and sharing information, or workforce training with respect to the conservation, restoration, enhancement, or management of oyster reefs. Grant applicants must demonstrate that proposed projects will not reasonably interfere with commercial or recreational fishing or other water-related uses of the relevant area. Entities qualified to apply for grants are units of federal, state, local, or tribal government; nongovernmental institutions; nonprofit organizations; institutions of higher education; shellfish growers; shellfish harvesters; private individuals; and private entities.

Official summary by the Congressional Research Service, via Congress.gov.

Constitution Index

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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 Commerce Clause (Article I, Section 8, Clause 3) and Property Clause (Article IV, Section 3, Clause 2) to manage and restore oyster reefs affecting interstate fisheries, navigation, and federal lands, promoting the general welfare without usurping state powers when confined appropriately.

Hamilton YES

The Oyster Reef Recovery Act pertains to the management and restoration of natural resources, particularly oyster reefs, which are integral to commerce in fisheries, navigation, and coastal economies among the states. Congress possesses the authority to regulate commerce among the several states, including activities affecting interstate fisheries and maritime trade. Moreover, where such reefs lie upon the territory or other property belonging to the United States, Congress may make all needful rules and regulations respecting them. This exercise aligns with the principles of federal supremacy…

Article I, Section 8, Clause 3 Article IV, Section 3, Clause 2 Federalist No. 11
Jefferson NO

The federal government possesses only those powers expressly delegated by the Constitution. The restoration of oyster reefs pertains to the management of natural resources in coastal waters, which falls under the reserved powers of the States. No enumerated power grants Congress authority over fisheries or marine habitats absent direct regulation of commerce among the States or management of federal territories. Such legislation exceeds federal bounds, infringing upon State sovereignty and individual liberty in local resource use.

Tenth Amendment Article I, Section 8, Clause 3 Article IV, Section 3, Clause 2
Madison YES

The Oyster Reef Recovery Act pertains to public lands and natural resources, which fall within the enumerated powers of Congress to make needful rules respecting federal property and to regulate commerce among the states, particularly as oyster reefs may involve navigable waters and interstate fisheries. This aligns with the careful enumeration of federal powers, preventing overreach into state domains while enabling management of national resources to promote the general welfare without fostering factions through unlimited authority.

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 3 Federalist No. 43 Federalist No. 45
Marshall YES

The Oyster Reef Recovery Act pertains to public lands and natural resources, falling within Congress's enumerated power to dispose of and regulate property belonging to the United States, as well as its authority to regulate commerce among the states. Oyster reefs, integral to navigable waters and interstate fisheries, implicate federal commerce interests. The necessary and proper clause empowers Congress to enact measures for their recovery, as such actions are plainly adapted to legitimate ends within federal authority, without usurping state powers over internal matters.

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