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Ms. SMITH. Mr. President, I rise to make a point of order, and I ask for 1 minute of comment without objection.
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Ms. SMITH. Mr. President, allowing public land orders to be rescinded under the Congressional Review Act, which is what would be happening here tonight, is a dangerous precedent that would affect every State in our country. Public land orders have never been previously submitted by any administration, including the first Trump administration, as a rule under the CRA. Using the CRA to undo this public land order would establish a new precedent, allowing future Congresses to undo with no time limit any public land order and potentially any administrative action.
Think of what this might mean, colleagues. Examples of orders that would be overturned years after the fact would include fossil fuel and mining leases, permits, and permitting denials--any rule or determination of any administrative law matter. So, colleagues, I ask you not to set this precedent today that any land order dating back to 1996 could be overturned on a party-line vote, with no environmental review.
Mr. President, I make a point of order that H.J. Res. 140 is not entitled to expedited procedures under the Congressional Review Act because Public Land Order No. 7917 is not a rule within the meaning of the Congressional Review Act, and H.J. Res. 140 does not meet all of the requirements of section 802 of the Congressional Review Act under the precedent set on May 21, 2025.
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