Constitution Index · H.J.Res. 106 · 2025-07-14
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 "Central Yukon Record of Decision and Approved Resource Management Plan".
Latest official status (2025-12-11): Became Public Law No: 119-50.
Constitutional grade
A
Constitutional
HJRES 106 is a constitutional exercise of congressional control over federal lands and executive rulemaking. Under the Property Clause and lawful review procedures it nullifies an agency land plan, infringes no Bill of Rights protection, expands individual freedom, and checks rather than extends central power.
Article IV, Section 3, Clause 2 Article I Article I, Section 8, Clause 18 Amendment I Amendment II Amendment IV Amendment V Amendment X Article I, Section 7
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit authority over federal property under Article IV, Section 3, Clause 2, the Property Clause, which grants power to dispose of and make all needful rules respecting territory and property belonging to the United States. Use of the Congressional Review Act under Article I legislative power to disapprove an executive Bureau of Land Management resource plan is a classic exercise of that authority plus Article I, Section 8, Clause 18 necessary-and-proper oversight of federal administration.
Bill of Rights · passes
Nullification removes rather than imposes a federal land-use restriction. It does not abridge speech, religion, press, assembly under the First Amendment, does not restrict arms under the Second Amendment, and authorizes no search, seizure, or surveillance implicating the Fourth Amendment nor any taking under the Fifth Amendment. No right in Amendments 1-10 is infringed.
Individual liberty · passes
The joint resolution lifts a 2024 agency plan designating 21 critical areas over about 3,611,000 acres, thereby reducing federal constraint on use, access, labor, and livelihood tied to those lands. The government bears the burden to justify restriction; here Congress judged the agency restriction unjustified and removed it, expanding rather than contracting individual freedom of person, property use, and labor.
Decentralization · passes
Federal lands in Alaska are by nature under federal title, so individual, local, or state management alone cannot fully handle title decisions. Crucially, this measure does not consolidate power upward: it uses congressional review to check an executive agency rule and prevent centralized agency lock-up of 3.6 million acres, consistent with the Tenth Amendment reservation and the principle of minimum necessary centralization.
Due process and takings · passes
The action follows prescribed legal process: chapter 8 of title 5, United States Code, the Congressional Review Act, with bicameral passage and presentment under Article I, Section 7. It provides notice through enrolled law, holds no person liable without hearing, presumes no guilt, and takes no private property, so no Fifth Amendment Takings Clause compensation is triggered. It restores procedural accountability rather than bypassing it.
Provenance
- Congress.gov: HJRES 106 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #178 | 2026-10-08 | vfa-constitutional-grade/1.0 | 08271cce1b95 | current |
Cite this
Values for America. “Constitutional grade: H.J.Res. 106, 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 "Central Yukon Record of Decision and Approved Resource Management Plan"..” VFA Constitution Index, grade 178 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/178. Accessed 2026-10-19.
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