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".

Enumerated powers · passes

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 Article I, Section 8, Clause 18. Repealing an agency rule exceeds no enumerated limit.

Bill of Rights · passes

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.

Individual liberty · passes

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.

Decentralization · passes

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 federal involvement necessary.

Due process and takings · passes

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.