Senate votes to disapprove Public Land Order in historic affirmation of the separation of powers and responsible natural resource development

Washington, D.C.; April 16, 2026: In a historic vote, the U.S. Senate has sent H.J.Res. 140 to President Donald Trump’s desk, marking a precedent-setting use of the Congressional Review Act (CRA). The resolution disapproves Public Land Order 7917, and the White House has said the president will sign it, restoring long-needed congressional oversight of so-called Public Land Orders.

The CRA disapproval resolution, championed by Rep. Pete Stauber (R-MN) in the House, will overturn a 2023 mining ban that was never properly submitted to Congress, as is required under the CRA.

“The Senate’s passage of H.J.Res. 140 is a landmark step for domestic mineral production and a long-overdue reassertion of Congress’s authority over federal land. Congress should seize this momentum and reverse other destructive Public Land Orders,” said Pacific Legal Foundation federal policy manager John Nagle.

“This is a win not only for the constitutional separation of powers but for the proper use of public lands for responsible natural resource development,” said Paige Gilliard, an attorney in Pacific Legal Foundation’s Environment and Natural Resources practice group. “We look forward to President Trump signing this resolution and affirming the long-held PLF position that Public Land Orders are rules under the CRA and require congressional review.”

Pacific Legal Foundation has been at the forefront of this issue for nearly a decade, writing and litigating on the need for robust use of the Congressional Review Act. More recently, PLF’s federal policy efforts have expanded in Washington, and PLF has been engaged with the White House, the Department of the Interior, and members of Congress to encourage more congressional oversight of executive actions, including Public Land Orders.

This CRA disapproval, when signed by the president, would not automatically approve mining in the affected area, but merely end the outright ban. Other state and federal permitting and approvals would still be required. Passing this CRA not only rescinds the misguided Biden-era Public Land Order, but it also prevents any future administration from promulgating a substantially similar rule. This provides the certainty needed for those looking to invest in responsible resource development in the region.