S.J.Res. 11 explained · 119th Congress · Became law
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".
Cosponsors: 2 (0 D, 2 R) · per Congress.gov, 2026-10-12
Introduced: 2025-02-04
Latest action (2025-03-14): Became Public Law No: 119-3.
What S.J.Res. 11 does, in plain terms
This joint resolution rescinds a requirement for lessees and operators to submit an archaeological report with any oil and gas exploration or development plan they submit to the Bureau of Ocean Energy Management (BOEM) for approval of activities proposed on the Outer Continental Shelf. (An archaeological report identifies material remains of human life or activities that are at least 50 years old and that are of archaeological interest.) Specifically, the joint resolution nullifies BOEM's final rule titled Protection of Marine Archaeological Resources and published on September 3, 2024. Nullifying this rule requires BOEM to reinstate regulations that were previously in effect and authorized BOEM to require an archaeological report only if a BOEM regional director has reason to believe that an archaeological resource may be present in the lease area.
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
This is a constitutional rollback of executive-branch overreach. Congress used lawful legislative authority to rescind a blanket federal reporting rule for the Outer Continental Shelf and restore evidence-based discretion, with no rights infringement, no sovereignty restriction, no upward consolidation, and no due process or takings issue.
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✓ Passes · Enumerated powers
Congress acted through the legislative process in Article I, Section 7 and its oversight of federal property and regulation. Authority over the Outer Continental Shelf rests with the federal government under Article IV, Section 3, Clause 2, the Property Clause, and Congress may define, limit, or disapprove implementing agency rules through statute, supported by the Necessary and Proper Clause in A… -
✓ Passes · Bill of Rights
This resolution restricts no speech, religion, press, assembly, arms, search, trial, or other protected right. It removes a blanket federal reporting mandate on lessees and restores a targeted standard where reports are required only with reason to believe a resource is present. No provision of the first ten Amendments, including the First Amendment and Fourth Amendment, is infringed. -
✓ Passes · Individual sovereignty
The resolution lessens a restriction on private labor and property use by lessees and operators. Instead of compelling an archaeological report with every plan, it restores a cause-based trigger. The burden on speech, belief, person, or lawful enterprise is reduced, and no new justification under a compelling constitutional purpose is required because no new restriction is created. -
✓ Passes · Decentralization
Management of the Outer Continental Shelf is inherently federal and cannot be handled by individuals, localities, or single states. The key question is upward consolidation. This resolution does the opposite: under the Tenth Amendment it reduces centralized federal direction by replacing a universal mandate with regional-director discretion tied to site-specific evidence, moving toward the minimum… -
✓ Passes · Due process and takings
No fines, seizures, criminal liability, or property transfers are imposed. By narrowing a blanket regulatory condition on lease-plan approval, the measure reduces arbitrary administrative burden and better aligns agency conditions with reasoned, notice-based decisionmaking under the Fifth Amendment Due Process Clause. No taking requiring just compensation occurs.
Sources: Congress.gov: SJRES 11 summary
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