[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1151 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1151

  To establish a National Land and Resources Management Commission to 
review and make recommendations for reforming management of the public 
                     land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

 Mr. Burns (for himself and Mr. Craig) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish a National Land and Resources Management Commission to 
review and make recommendations for reforming management of the public 
                     land, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the National 
        Land and Resources Management Commission established by section 
        2.
            (2) Implementing bill.--The term ``implementing bill'' 
        means a bill accompanying a report submitted to Congress by the 
        President under section 4(a).
            (3) Land management agency.--The term ``land management 
        agency'' means--
                    (A) the Bureau of Land Management and Bureau of 
                Reclamation (with respect to land that has been 
                withdrawn from the public domain for use in connection 
                with water projects that have not been constructed as 
                of the date of enactment of this Act) of the Department 
                of the Interior; and
                    (B) the Forest Service of the Department of 
                Agriculture.

SEC. 2. NATIONAL LAND AND RESOURCES MANAGEMENT COMMISSION.

    (a) Establishment.--There is established the National Land and 
Resources Management Commission.
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President;
                    (B) 3 shall be appointed by Speaker of the House of 
                Representatives; and
                    (C) 3 shall be appointed by the President pro 
                tempore of the Senate.
            (2) Disqualification.--No person who is employed as an 
        officer or employee of a land management agency may serve on 
        the Commission while so employed.
            (3) Term.--A member of the Commission shall be appointed 
        for the life of the Commission.
            (4) Vacancies.--A vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
            (5) Compensation.--
                    (A) In general.--A member of the Commission who is 
                not an officer or employee of the United States shall 
                be compensated at a rate equal to the daily equivalent 
                of the annual rate of basic pay prescribed for level 
                ES5 of the Senior Executive Schedule under section 5332 
                of title 5, United States Code, for each day (including 
                travel time) during which the member is engaged in the 
                performance of the duties of the Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the United States 
                shall serve without compensation in addition to that 
                received for the member's service as an officer or 
                employee of the United States.
            (6) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the member's home or regular place of 
        business in the performance of services for the Commission.
    (c) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (d) Chairperson.--The Commission shall select a Chairperson from 
among its members.
    (e) Staff.--At the request of the Commission, the head of any 
Federal department or agency may detail any of the personnel of the 
department or agency to the Commission to assist the Commission in 
carrying out its duties under this Act.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Review and Report.--Not later than 2 years after the date on 
which all of the members of the Commission have been appointed, the 
Commission shall review, and submit to the President and Congress a 
report
 making recommendations for reforming, management of the public land by 
the land management agencies.
    (b) Matters To Be Addressed.--In the review and report under 
subsection (a), the Commission shall--
            (1) examine changes in law and management practices and 
        policies that should be adopted to--
                    (A) reduce administration and management overhead 
                costs by 50 percent and the overall costs of land 
                management by a minimum of 30 percent;
                    (B) devote a greater proportion of the land 
                management agencies' resources to the provision of 
                services in the field and a lesser proportion to 
                procedural and administrative matters;
                    (C) improve service to land and resource users;
                    (D) simplify land use planning requirements, 
                including the provision that any challenge to a land 
                use plan be made in the context of a challenge to a 
                specific action proposed to be taken under the plan and 
                not as a challenge to the plan on its face;
                    (E) simplify the administrative appeals process, 
                providing for no more than 1 level of intermediate 
                appeal of an initial land management agency's decision 
                before appeal to the head of the agency;
                    (F) provide that an administrative withdrawal of 
                public land from multiple use will expire after 5 years 
                subject to renewal only if the land management agency 
                makes appropriate findings justifying renewal of the 
                withdrawal; and
                    (G) consolidate the laws that apply specifically to 
                management of the public land and ensure that other 
                laws of general application are not applied with 
                respect to public land management in such a manner as 
                to impede the ability of the land management agencies 
                to achieve the objectives of the land management laws;
            (2) review the patterns of Federal, State, and local public 
        and private ownership and control of land and consider possible 
        transfers of land (including transfers of ownership through 
        sales or exchanges of land between government entities and 
        private persons and transfers of administrative jurisdiction 
        between government entities) for the purpose of allowing the 
        most efficient and consistent management of the land and its 
        resources;
            (3) propose the establishment of a single land management 
        agency in 1 of the executive departments or as an independent 
        agency to manage all of the land managed by the land management 
        agencies on the date of enactment of this Act, including--
                    (A) a recommended structure of such an agency with 
                regions or other subdivisions that recognize, to the 
                extent feasible, State boundaries and other boundaries 
                as appropriate;
                    (B) adjustment of the boundaries of special 
                management areas that preclude multiple use management, 
                but without any net loss of acreage that will remain 
                available for multiple use; and
                    (C) identification of matters that will need to be 
                addressed, such as maintenance of prior existing 
                rights, contracts, permits, and the like, to allow for 
                a smooth transition over a period of approximately 3 
                years; and
            (4) include a draft implementing bill proposing such 
        amendments of the law as the Commission recommends.
    (c) Hearings and Public Participation.--The Commission shall--
            (1) hold hearings in all regions of the country in which 
        public land is situated; and
            (2) solicit written public comment early in the proceedings 
        to learn the concerns of, and receive the benefit of ideas 
        from, the public.

SEC. 4. CONSIDERATION BY THE PRESIDENT AND CONGRESS.

    (a) Consideration by the President.--Not later than 180 days after 
receiving the report under section 3, the President shall--
            (1) consider the report and make such modifications to the 
        report as the President considers to be necessary or 
        appropriate; and
            (2) submit the report to Congress.
    (b) Consideration by Congress.--
            (1) Introduction.--Any member of the House of 
        Representatives or Senate may introduce an implementing bill in 
        the House of Representatives or Senate, respectively.
            (2) Referral.--
                    (A) House.--An implementing bill that is introduced 
                in the House of Representatives shall be referred to 
                the Committee on Resources of the House of 
                Representatives.
                    (B) Senate.--An implementing bill that is 
                introduced in the Senate shall be referred to the 
                Committee on Energy and Natural Resources of the 
                Senate.
            (3) Discharge.--If the committee to which an implementing 
        bill is referred has not reported the implementing bill by the 
        end of the 20-day period beginning on the date on which the 
        President submits the report to Congress under subsection (a), 
        the committee shall, at the end of that period, be discharged 
        from further consideration of the implementing bill, and the 
        implementing bill shall be placed on the appropriate calendar 
        of the House of Representatives or the Senate, as the case may 
        be.
            (4) Consideration.--
                    (A) Motion to proceed to consideration.--
                            (i) Motion in order.--On or after the third 
                        day after the date on which the committee to 
                        which an implementing bill is referred has 
                        reported, or has been discharged (under 
                        paragraph (3)) from further consideration of, 
                        the implementing bill, it is in order (even 
                        though a previous motion to the same effect has 
                        been disagreed to) for any member of the House 
                        of Representatives or the Senate, respectively, 
                        to move to proceed to the consideration of the 
                        implementing bill (but only on the date after 
                        the calendar day on which the member announces 
                        to the House of Congress concerned the member's 
                        intention to do so).
                            (ii) Waiver of points of order.--All points 
                        of order against an implementing bill (and 
                        against consideration of the implementing bill) 
                        are waived.
                            (iii) Privilege.--A motion to proceed to 
                        the consideration of an implementing bill is 
                        highly privileged in the House of 
                        Representatives and is privileged in the Senate 
                        and is not debatable.
                            (iv) No amendment or postponement.--A 
                        motion described in clause (iii) is not subject 
                        to amendment, to a motion to postpone 
                        consideration of the implementing bill, or to a 
                        motion to proceed to the consideration of other 
                        business.
                            (v) No motion to reconsider.--A motion to 
                        reconsider the vote by which a
                         motion described in clause (iii) is agreed to 
or not agreed to shall not be in order.
                            (vi) Consideration.--If a motion described 
                        in clause (iii) is agreed to, the House of 
                        Representatives or the Senate, as the case may 
                        be, shall immediately proceed to consideration 
                        of the implementing bill without intervening 
                        motion, order, or other business, and the 
                        implementing bill shall remain the unfinished 
                        business of the House of Representatives or the 
                        Senate, as the case may be, until disposed of.
                    (B) Debate.--
                            (i) Time.--Debate on an implementing bill 
                        and on all debatable motions and appeals in 
                        connection with an implementing bill shall be 
                        limited to not more than 5 hours, which shall 
                        be divided equally between those favoring and 
                        those opposing the implementing bill.
                            (ii) No amendment.--An amendment to an 
                        implementing bill is not in order.
                            (iii) Motion to limit debate.--A motion 
                        further to limit debate on an implementing bill 
                        is in order and not debatable.
                            (iv) No motion to postpone.--A motion to 
                        postpone consideration of an implementing bill, 
                        a motion to proceed to the consideration of 
                        other business, or a motion to recommit the 
                        implementing bill is not in order.
                            (v) No motion to reconsider.--A motion to 
                        reconsider the vote by which an implementing 
                        bill is agreed to or not agreed to is not in 
                        order.
                    (C) Vote on final passage.--Immediately following 
                the conclusion of the debate on an implementing bill 
                and a single quorum call at the conclusion of the 
                debate if requested in accordance with the rules of the 
                House of Representatives or the Senate, as the case may 
                be, the vote on final passage of the implementing bill 
                shall occur.
                    (D) Rulings.--Appeals from the decisions of the 
                Chair relating to the application of the rules of the 
                House of Representatives or of the Senate, as the case 
                may be, to the procedure relating to an implementing 
                bill shall be decided without debate.
            (5) Consideration by other house.--
                    (A) Procedure.--If, before the passage by 1 House 
                of Congress of an implementing bill that was introduced 
                in that House, that House receives from the other House 
                an implementing bill--
                            (i) the implementing bill of the other 
                        House shall not be referred to a committee and 
                        may not be considered in the House that 
                        receives it otherwise than on final passage 
                        under clause (ii)(II); and
                            (ii)(I) the procedure in the House that 
                        receives such an implementing bill with respect 
                        to the implementing bill that was introduced in 
                        that House shall be the same as if no 
                        implementing bill had been received from the 
                        other House; but
                            (II) the vote on final passage shall be on 
                        the implementing bill of the other House.
                    (B) No consideration.--On disposition of an 
                implementing bill that is received by 1 House from the 
                other House, it shall no longer be in order to consider 
                such an implementing bill that was introduced in the 
                receiving House.
            (6) Rules of the house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and Senate, respectively, and 
                is deemed to be part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of 
                an implementing bill, and it supersedes other rules 
                only to the extent that it is inconsistent with such 
                rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                they relate to the procedure of that House) at any 
                time, in the same manner, and to the same extent as in 
                the case of any other rule of that House.

SEC. 5. AUTHORIZATION OF APROPRIATIONS.

    There is authorized to be appropriated $600,000 to carry out this 
Act.
                                 <all>