SJRES 109119th CongressStandard Analysis

A joint resolution 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 "Grand Staircase-Escalante National Monument Record of Decision and Approved Resource Management Plan".

Sen. Lee, Mike [R-UT] (R-UT)
Introduced 3/4/2026
Public Lands and Natural Resources
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📝 TL;DR

This resolution would use Congressional Review Act authority to nullify the Bureau of Land Management's 2025 resource management plan for Grand Staircase-Escalante National Monument in Utah. If passed, it would void all provisions of the federal management plan and prevent similar plans from being adopted without congressional approval.

Standard Analysis

S.J. Res. 109 is a Congressional Review Act (CRA) resolution that seeks to nullify the Bureau of Land Management's January 2025 resource management plan for Grand Staircase-Escalante National Monument in Utah. The resolution, introduced by Utah Senators Mike Lee and John Curtis, would use Congress's authority under 5 U.S.C. Chapter 8 to disapprove and void the BLM's land management decisions for this 1.9 million-acre monument. The Government Accountability Office has already determined that BLM's record of decision constitutes a 'rule' subject to Congressional review under the CRA, as documented in their January 15, 2026 opinion letter published in the Congressional Record. This represents a direct challenge to federal land management authority in Utah, continuing a long-standing tension between state and federal control over public lands in the West.

Detailed Analysis

This joint resolution operates through the Congressional Review Act mechanism, which allows Congress to overturn federal agency rules through expedited legislative procedures. The resolution specifically targets BLM's 'Grand Staircase-Escalante National Monument Record of Decision and Approved Resource Management Plan' issued on January 13, 2025. The GAO's determination that this constitutes a reviewable 'rule' was crucial, as CRA authority only applies to agency rules, not all administrative actions. The resolution's structure is exceptionally simple - it contains only one operative paragraph that both disapproves the rule and declares it to have 'no force or effect.' This binary approach reflects the CRA's design as an all-or-nothing legislative tool that cannot modify rules, only accept or reject them entirely. The timing is significant, as CRA resolutions must generally be introduced within 60 legislative days of a rule's publication, and the GAO opinion letter dated January 15, 2026 likely started this clock ticking. If enacted, this resolution would not only void the current management plan but, under CRA provisions, would also prevent BLM from issuing substantially similar rules in the future without new congressional authorization. The referral to the Senate Energy and Natural Resources Committee follows standard jurisdictional lines for public lands legislation, where the resolution will likely face committee markup before any floor consideration.

🎯 Key Provisions

1

Congressional Disapproval Declaration: The core provision formally disapproves the BLM's resource management plan under Congressional Review Act authority. This represents Congress exercising its constitutional oversight role over executive branch rulemaking. (Main Resolution Text - 'Congress disapproves the rule submitted by the Bureau of Land Management relating to Grand Staircase-Escalante National Monument Record of Decision and Approved Resource Management Plan')

2

Legal Nullification Clause: Explicitly voids the legal effect of the BLM rule, ensuring it cannot be implemented or enforced. This goes beyond mere disapproval to active nullification of the agency action. (Main Resolution Text - 'such rule shall have no force or effect')

3

GAO Rule Determination Reference: Incorporates the Government Accountability Office's legal conclusion that the BLM decision constitutes a 'rule' subject to Congressional Review Act procedures, establishing the legal foundation for congressional action. (Main Resolution Text - 'a letter of opinion from the Government Accountability Office dated January 15, 2026, printed in the Congressional Record on February 25, 2026, on pages S675-677, concluding that such record of decision and approved resource management plan is a rule under the Congressional Review Act')

4

Specific Rule Identification: Precisely identifies the target agency action by date and title to avoid ambiguity about which BLM decision is being challenged. This specificity is crucial for legal clarity and enforcement. (Main Resolution Text - 'issued January 13, 2025, as a record of decision and approved resource management plan')

5

Bicameral Congressional Action: Requires approval from both House and Senate, reflecting the constitutional requirement that Congressional Review Act resolutions follow standard legislative procedures despite their expedited nature. (Resolution Header - 'Resolved by the Senate and House of Representatives of the United States of America in Congress assembled')

👥 Impact Analysis

Direct Effects If enacted, this resolution would immediately void BLM's current management plan for Grand Staircase-Escalante National Monument, potentially reverting management to previous plans or creating regulatory uncertainty about permitted activities within the monument boundaries. All management decisions, restrictions, and authorizations contained in the January 2025 plan would become legally null, affecting everything from grazing permits and recreational access to conservation measures and resource extraction activities. The resolution would also trigger the CRA's 'substantially similar' prohibition, preventing BLM from adopting similar management approaches without new congressional authorization, effectively giving Congress veto power over future management plans for this monument.

Indirect Effects This action could set a precedent for congressional intervention in federal land management decisions, potentially encouraging similar CRA challenges to other monument or public land management plans. It may also escalate tensions between Utah's congressional delegation and federal land management agencies, possibly affecting future cooperative management relationships and intergovernmental coordination on public lands issues throughout the region.

Affected Groups - Bureau of Land Management staff and operations - Utah state government and local communities - Environmental and conservation organizations - Recreation and tourism businesses - Ranchers and grazing permit holders - Energy and mining companies - Native American tribes with cultural ties to the area - Scientific researchers studying the monument

Fiscal Impact The resolution does not specify direct fiscal impacts or appropriations. However, nullifying the BLM management plan could create indirect costs related to legal uncertainty, potential litigation, and the need for BLM to develop alternative management approaches. The agency may also face costs from having to suspend implementation activities already underway under the voided plan and potentially reverting to previous management frameworks.

📋 Latest Action

3/4/2026

Read twice and referred to the Committee on Energy and Natural Resources.

🔗 Official Sources