Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt.
Summary
What This Bill Does
H.J.Res.78 is a Congressional Review Act disapproval resolution. It targets the FWS rule relating to endangered species status for the San Francisco Bay-Delta distinct population segment of the longfin smelt and provides that the rule shall have no force or effect. The targeted rule lists the Bay-Delta longfin smelt population under the Endangered Species Act, affecting water operations, habitat protections, and permitting. The practical result is not a new replacement rule; it is a congressional veto of the agency action, which can also restrict the agency from issuing a substantially similar rule without new statutory authority.
Who Benefits and How
California water users benefit because disapproval would remove or prevent the regulatory obligations created by the rule. Members of Congress opposing the rule benefit because the CRA provides a direct vehicle to nullify the agency action. Regulated parties benefit from clearer congressional opposition to the rule and less near-term implementation risk. Agricultural water districts benefit if disapproval avoids ESA-driven water operation constraints.
Who Bears the Burden and How
FWS rulemaking staff must respond to congressional disapproval and may be constrained from issuing a substantially similar rule. Longfin smelt conservation programs bear the burden if protections, standards, or program changes in the rule are blocked. Congressional oversight committees must handle the policy consequences of removing the rule without passing a replacement. Bay-Delta habitat advocates may lose federal listing protections for the longfin smelt population.
Key Provisions
- Provides congressional disapproval of the FWS rule relating to endangered species status for the San Francisco Bay-Delta distinct population segment of the longfin smelt.
- Blocks the rule by declaring that it shall have no force or effect.
- Uses the Congressional Review Act rather than ordinary notice-and-comment rulemaking.
- Restricts the agency's ability to issue a substantially similar rule unless Congress authorizes it.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.
At a Glance
What This Bill Does
Uses the Congressional Review Act to disapprove the FWS rule relating to endangered species status for the San Francisco Bay-Delta distinct population segment of the longfin smelt, causing that rule to have no force or effect.
Key Policy Areas
Administrative Law, Congressional Review Act
Primary Purpose
Uses the Congressional Review Act to disapprove the FWS rule relating to endangered species status for the San Francisco Bay-Delta distinct population segment of the longfin smelt, causing that rule to have no force or effect.
Policy Domains
Resolution provisions
Identified Gains
Contextual inference, no direct clause citation- California water users
- Members of Congress opposing the rule
- Regulated parties
- Congressional oversight committees
Contextual inference, no direct clause citation
Identified Costs
Contextual inference, no direct clause citation- FWS rulemaking staff
- Longfin smelt conservation programs
- Congressional oversight committees
- Program administrators
Contextual inference, no direct clause citation
Sponsors
Legislative Progress
In CommitteeMr. LaMalfa (for himself, Mr. Calvert, Mr. Fong, Mr. Issa, …
On Passage
Congressional disapproval, of the rule submitted by the United States Fish and Wildlife Service rel…
Bill Structure & Actor Mappings
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