Repeal of Stream Protection Rule

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Repeal of the Stream Protection Rule
Great Seal of the United States (obverse).svg
Long title Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule.
Enacted by the 115th United States Congress
Effective 02/16/2017
Citations
Public law Pub.L. 115–5
Legislative history

The Repeal of the Stream Protection Rule (formally known as Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule Pub.L. 115–5, H.J.Res. 38) was a House Joint Resolution introduced in the United States House of Representatives by Bill Johnson of Ohio on January 30, 2017. The resolution nullifies the Department of the Interior regulation known as the "Stream Protection Rule", which was established in the Obama Administration. The regulation was scheduled to go into effect on January 19, 2017. [1] The resolution to repeal was signed into law by President Donald Trump on February 16, 2017.

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The United States Department of the Interior (DOI) is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States. About 75% of federal public land is managed by the department, with most of the remainder managed by the United States Department of Agriculture's United States Forest Service.

The Congress used its powers under the Congressional Review Act to pass this resolution. [2]

The Congressional Review Act (CRA) is a law that was enacted by the United States Congress under House Speaker Newt Gingrich as Subtitle E of the Contract with America Advancement Act of 1996 and signed into law by President Bill Clinton on March 29, 1996. The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation. Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule". Congress has a window of time lasting 60 legislative days to disapprove of any given rule by simple majority vote; otherwise, the rule will go into effect at the end of this period.

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References

  1. "Federal Register:: Stream Protection Rule". Federal Register. December 20, 2016.
  2. "Senate votes to block Obama coal rule". The Hill. February 2, 2017.