119-HJRES-104 Journalist Overton Analysis
H.J.Res. 104—using the Congressional Review Act to nullify BLM’s 2024 Miles City RMPA that ended new federal coal leasing in eastern Montana—sits at the edge of “acceptable→mainstream” within today’s Republican coalition but remains contested nationally; the near party-line House passage (211–208) signals polarization rather than broad consensus. If enacted, CRA’s “no substantially the same rule” constraint would durably shift the window toward more permissive coal leasing policy; if it stalls in the Senate, the current no-new-leasing posture retains mainstream standing in federal land management. [1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes[2]Federal Register — Federal Register Notice of Availability: Miles City Field Of…[3]Congressional Research Service — CRS FAQ: The Congressional Review Act (R43992)
Summary
Proposal: Disapprove BLM’s Miles City Field Office Record of Decision and Approved Resource Management Plan Amendment (RMPA) via the Congressional Review Act (CRA). The RMPA, signed November 20, 2024, made no new federal coal leasing available in the planning area. House passage on September 3, 2025 (211–208) advanced the resolution to the Senate. [2]Federal Register — Federal Register Notice of Availability: Miles City Field Of…[1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes
Overton placement now: Within the GOP-led “energy dominance” frame, overturning the RMPA is treated as mainstream/acceptable policy; outside that coalition, especially among environmental groups and many Democrats, preserving the no-new-leasing plan is framed as mainstream public-lands stewardship. The split rhetoric reflects a narrow, polarized coalition rather than cross-partisan uptake. [4]Sen. Steve Daines (press release) — Daines, Sheehy, Downing, Zinke introduce CR…[5]Earthjustice — Biden Administration to End Coal Leasing in Powder River Basin
Forces shaping acceptability
Key actors and their verified positions.
- Republican sponsors and Montana delegation: Sen. Steve Daines, Sen. Tim Sheehy, Rep. Troy Downing (sponsor), and Rep. Ryan Zinke lead the CRA push, framing the RMPA as a “Biden-era anti-coal” action harming jobs and energy security. [4]Sen. Steve Daines (press release) — Daines, Sheehy, Downing, Zinke introduce CR…
- House action: The resolution passed 211–208, signaling a near party-line coalition rather than broad bipartisan support. [1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes
- BLM rationale for the RMPA: Implemented after court-directed analysis; replaced prior coal allocation decisions and made coal resources unavailable for future leasing in the area. [6]Bureau of Land Management — BLM press release: ROD and Amendment to the 2015 Mi…
- GAO classification enabling CRA: GAO concluded the Miles City RMPA is a “rule” under CRA; the opinion was printed in the Congressional Record, clearing a procedural hurdle for disapproval. [7]Government Accountability Office — GAO Decision B-337163: Applicability of CRA…[8]Congress.gov — Congressional Record (Senate) S3552–S3554 (June 26, 2025): GAO l…
- Industry and local-government allies: Mining firms, electric co-ops, and county associations publicly back overturning the RMPA, emphasizing reliability and local revenues. [9]Sen. Steve Daines (press release) — What They Are Saying: Daines’ Miles City CR…
- Environmental, tribal, and local conservation voices: Sierra Club, Earthjustice, and the Northern Cheyenne Tribe defend the no-new-leasing policy on climate, health, and cultural grounds. [5]Earthjustice — Biden Administration to End Coal Leasing in Powder River Basin[10]Sierra Club — Legal intervention defends PRB coal-leasing decision (Miles City/…
- Public opinion context: Nationally, support for expanding coal mining remains a minority view (about four-in-ten or less), while majorities prioritize renewables—indicating limited mass appeal beyond core constituencies. [11]Pew Research Center — Pew Research Center: Views on energy development in the U…
- Issue background and media framing: National reporting emphasized that the PRB plans left existing leases intact while ending new leasing, with production continuing for decades at some mines—supporters call this necessary climate policy; opponents stress economic and grid impacts. [12]Reuters — U.S. proposes end to federal coal leasing in PRB
Projection: potential Overton shifts
- If enacted (passes Senate and is signed): CRA would void the RMPA and bar BLM from issuing a “substantially the same” replacement absent new statutory authorization. That durability likely shifts the window outward toward permissive coal leasing at least for this planning area, legitimizing adjacent proposals (e.g., reopening coal screening in other plans) within mainstream GOP discourse. [3]Congressional Research Service — CRS FAQ: The Congressional Review Act (R43992)
- If it stalls or fails in the Senate: The 2024 no-new-leasing policy retains mainstream status inside federal land management, and the anti-leasing frame remains institutionalized (especially given the PRB-wide context), keeping expansionist ideas at the edge of acceptability. [2]Federal Register — Federal Register Notice of Availability: Miles City Field Of…[12]Reuters — U.S. proposes end to federal coal leasing in PRB
- Movement dynamics during debate: Proponents’ job-and-reliability narrative (industry letters, state officials) can normalize rollbacks within energy-security frames; opponents’ health/climate/tribal-sovereignty frame keeps no-new-leasing salient as a default stewardship norm. Net movement likely hinges on whether Senate floor debate elevates reliability fears or underscores CRA’s long-term constraint on agency replanning. [9]Sen. Steve Daines (press release) — What They Are Saying: Daines’ Miles City CR…[10]Sierra Club — Legal intervention defends PRB coal-leasing decision (Miles City/…[3]Congressional Research Service — CRS FAQ: The Congressional Review Act (R43992)
Assessment
Historical comparison
Past CRA uses show how disapproval can normalize new policy baselines or restore prior ones.
- Public lands planning: In 2017, Congress used CRA to repeal BLM’s “Planning 2.0,” re-centering state/local influence and signaling permissive-use preferences on federal lands. That repeal helped normalize skepticism of Obama-era land-planning rules among western delegations. [13]U.S. Senate Committee on Energy and Natural Resources — President Trump signs C…
- Air/climate regulation: In 2021, Congress used CRA to nullify EPA’s 2020 methane rollback, restoring stricter methane oversight—evidence that CRA can also move the window toward tighter environmental regulation when coalitions align. [14]Congress.gov — S.J.Res.14 (117th): CRA restoring methane regulation became Publ…
- Process lesson: Coverage of CRA highlights its power to set durable constraints (no “substantially the same” rule), making outcomes stickier than ordinary agency-course corrections. [3]Congressional Research Service — CRS FAQ: The Congressional Review Act (R43992)
Key metrics
Data points anchoring current discourse.
Sources: Congress.gov (roll call); CRS summary noting 1,745,040 acres; Reuters on PRB timelines. [1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes[1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes[12]Reuters — U.S. proposes end to federal coal leasing in PRB
Sourcing (selected)
Authoritative materials used for facts, institutional context, and verified positions.
- Text, status, and vote: Congress.gov bill text, all-info page, and engrossed text. [15]Congress.gov — Text—H.J.Res.104 (Introduced in House)[1]Congress.gov — H.J.Res.104 — All Information (Except Text), actions and votes[16]Congress.gov — Text—H.J.Res.104 (Engrossed in House)
- BLM actions: Federal Register notice of ROD (Nov 27, 2024) and BLM background on amending coal allocations post-court order. [2]Federal Register — Federal Register Notice of Availability: Miles City Field Of…[6]Bureau of Land Management — BLM press release: ROD and Amendment to the 2015 Mi…
- GAO and Congressional Record: GAO opinion classifying the RMPA as a CRA “rule,” and its printing in the Senate Record (June 26, 2025). [7]Government Accountability Office — GAO Decision B-337163: Applicability of CRA…[8]Congress.gov — Congressional Record (Senate) S3552–S3554 (June 26, 2025): GAO l…
- Public opinion: Pew Research Center reports on energy development preferences and views at the start of 2025. [11]Pew Research Center — Pew Research Center: Views on energy development in the U…[17]Web search · turn 6 #3
- Proponent narrative: Statements and stakeholder letters aggregated by Sen. Daines. [4]Sen. Steve Daines (press release) — Daines, Sheehy, Downing, Zinke introduce CR…[9]Sen. Steve Daines (press release) — What They Are Saying: Daines’ Miles City CR…
- Opponent narrative: Earthjustice and Sierra Club statements supporting the no-new-leasing approach and related tribal intervention. [5]Earthjustice — Biden Administration to End Coal Leasing in Powder River Basin[10]Sierra Club — Legal intervention defends PRB coal-leasing decision (Miles City/…
- CRA mechanics and precedent: CRS FAQs on CRA’s “substantially the same” bar; examples include BLM Planning 2.0 repeal (2017) and restoration of methane rules via CRA (2021). [3]Congressional Research Service — CRS FAQ: The Congressional Review Act (R43992)[13]U.S. Senate Committee on Energy and Natural Resources — President Trump signs C…[14]Congress.gov — S.J.Res.14 (117th): CRA restoring methane regulation became Publ…
- [1] H.J.Res.104 — All Information (Except Text), actions and votes Congress.gov
- [2] Federal Register Notice of Availability: Miles City Field Office ROD and Approved RMP Amendment (Nov. 27, 2024) Federal Register
- [3] CRS FAQ: The Congressional Review Act (R43992) Congressional Research Service
- [4] Daines, Sheehy, Downing, Zinke introduce CRA to remove Miles City RMPA Sen. Steve Daines (press release)
- [5] Biden Administration to End Coal Leasing in Powder River Basin Earthjustice
- [6] BLM press release: ROD and Amendment to the 2015 Miles City Field Office Approved RMP Bureau of Land Management
- [7] GAO Decision B-337163: Applicability of CRA to Miles City Field Office ROD and Approved RMPA Government Accountability Office
- [8] Congressional Record (Senate) S3552–S3554 (June 26, 2025): GAO legal opinion printed Congress.gov
- [9] What They Are Saying: Daines’ Miles City CRA (stakeholder letters) Sen. Steve Daines (press release)
- [10] Legal intervention defends PRB coal-leasing decision (Miles City/Buffalo) Sierra Club
- [11] Pew Research Center: Views on energy development in the U.S. (June 27, 2024) Pew Research Center
- [12] U.S. proposes end to federal coal leasing in PRB Reuters
- [13] President Trump signs CRA repeal of BLM Planning 2.0 (H.J.Res.44, 2017) U.S. Senate Committee on Energy and Natural Resources
- [14] S.J.Res.14 (117th): CRA restoring methane regulation became Public Law 117-23 (2021) Congress.gov
- [15] Text—H.J.Res.104 (Introduced in House) Congress.gov
- [16] Text—H.J.Res.104 (Engrossed in House) Congress.gov
- [17] Web search · turn 6 #3
Discussion