[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[Senate]
[Pages S4736-S4739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


                 THE REGULATORY TRANSITION ACT OF 1995

                                 ______


                 NICKLES (AND OTHERS) AMENDMENT NO. 410

  Mr. NICKLES (for himself, Mr. Reid, Mr. Bond, and Mrs. Hutchison) 
proposed an amendment to the bill (S. 219) to ensure economy and 
efficiency of Federal Government operations by establishing a 
moratorium on regulatory rulemaking actions, and for other purposes; as 
follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Regulatory Transition Act of 
     1995''.

     SEC. 2. FINDING.

       The Congress finds that effective steps for improving the 
     efficiency and proper management of Government operations 
     will be promoted if a moratorium on the effectiveness of 
     certain significant final rules is imposed in order to 
     provide Congress an opportunity for review.

     SEC. 3. MORATORIUM ON REGULATIONS; CONGRESSIONAL REVIEW.

       (a) Reporting and Review of Regulations.--
       (1) Reporting to congress.--
       (A) Before a rule can take effect as a final rule, the 
     Federal agency promulgating such rule shall submit to each 
     House of the Congress a report containing--
       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;
       (iii) the proposed effective date of the rule; and
       (iv) a complete copy of the cost-benefit analysis of the 
     rule, if any.
       (B) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       (2) Effective date of significant rules.--A significant 
     rule relating to a report submitted under paragraph (1) shall 
     take effect as a final rule, the latest of--
       (A) the later of the date occurring 45 days after the date 
     on which--
       (i) the Congress receives the report submitted under 
     paragraph (1); or
       (ii) the rule is published in the Federal Register;
     [[Page S4737]]   (B) if the Congress passes a joint 
     resolution of disapproval described under section 4 relating 
     to the rule, and the President signs a veto of such 
     resolution, the earlier date--
       (i) on which either House of Congress votes and fails to 
     override the veto of the President; or
       (ii) occurring 30 session days after the date on which the 
     Congress received the veto and objections of the President; 
     or
       (C) the date the rule would have otherwise taken effect, if 
     not for this section (unless a joint resolution of 
     disapproval under section 4 is enacted).
       (3) Effective date for other rules.--Except for a 
     significant rule, a rule shall take effect as otherwise 
     provided by law after submission to Congress under paragraph 
     (1).
       (b) Termination of Disapproved Rulemaking.--A rule shall 
     not take effect (or continue) as a final rule, if the 
     Congress passes a joint resolution of disapproval described 
     under section 4.
       (c) Presidential Waiver Authority.--
       (1) Presidential determinations.--Notwithstanding any other 
     provision of this section (except subject to paragraph (3)), 
     a rule that would not take effect by reason of this Act may 
     take effect, if the President makes a determination under 
     paragraph (2) and submits written notice of such 
     determination to the Congress.
       (2) Grounds for determinations.--Paragraph (1) applies to a 
     determination made by the President by Executive order that 
     the rule should take effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws; or
       (C) necessary for national security.
       (3) Waiver not to affect congressional disapprovals.--An 
     exercise by the President of the authority under this 
     subsection shall have no effect on the procedures under 
     section 4 or the effect of a joint resolution of disapproval 
     under this section. --
       (d) Treatment of Rules Issued at End of Congress.--
       (1) Additional opportunity for review.--In addition to the 
     opportunity for review otherwise provided under this Act, in 
     the case of any rule that is published in the Federal 
     Register (as a rule that shall take effect as a final rule) 
     during the period beginning on the date occurring 60 days 
     before the date the Congress adjourns sine die through the 
     date on which the succeeding Congress first convenes, section 
     4 shall apply to such rule in the succeeding Congress.
       (2) Treatment under section 4.--
       (A) In applying section 4 for purposes of such additional 
     review, a rule described under paragraph (1) shall be treated 
     as though--
       (i) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the 15th 
     session day after the succeeding Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report must be 
     submitted to Congress before a final rule can take effect.
       (3) Actual effective date not affected.--A rule described 
     under paragraph (1) shall take effect as a final rule as 
     otherwise provided by law (including other subsections of 
     this section).
       (e) Treatment of Rules Issued Before This Act.--
       (1) Opportunity for congressional review.--The provisions 
     of section 4 shall apply to any significant rule that is 
     published in the Federal Register (as a rule that shall take 
     effect as a final rule) during the period beginning on 
     November 20, 1994, through the date on which this Act takes 
     effect.
       (2) Treatment under section 4.--In applying section 4 for 
     purposes of Congressional review, a rule described under 
     paragraph (1) shall be treated as though--
       (A) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the date of 
     the enactment of this Act; and
       (B) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (3) Actual effective date not affected.--The effectiveness 
     of a rule described under paragraph (1) shall be as otherwise 
     provided by law, unless the rule is made of no force or 
     effect under section 4.
       (f) Nullification of Rules Disapproved by Congress.--Any 
     rule that takes effect and later is made of no force or 
     effect by the enactment of a joint resolution under section 4 
     shall be treated as though such rule had never taken effect.
       (g) No Inference to be Drawn Where Rules Not Disapproved.--
     If the Congress does not enact a joint resolution of 
     disapproval under section 4, no court or agency may infer any 
     intent of the Congress from any action or inaction of the 
     Congress with regard to such rule, related statute, or joint 
     resolution of disapproval.

     SEC. 4. CONGRESSIONAL DISAPPROVAL PROCEDURE.

       (a) Joint Resolution Defined.--For purposes of this 
     section, the term "joint resolution" means only a joint 
     resolution introduced after the date on which the report 
     referred to in section 3(a) is received by Congress the 
     matter after the resolving clause of which is as follows: 
     ``That Congress disapproves the rule submitted by the ____ 
     relating to ____, and such rule shall have no force or 
     effect.'' (The blank spaces being appropriately filled in.)
       (b) Referral.--
       (1) In general.--A resolution described in paragraph (1) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction. Such a resolution may not be reported 
     before the eighth day after its submission or publication 
     date.
       (2) Submission date.--For purposes of this subsection the 
     term ``submission or publication date'' means the later of 
     the date on which--
       (A) the Congress receives the report submitted under 
     section 3(a)(1); or
       (B) the rule is published in the Federal Register.
       (c) Discharge.--If the committee to which is referred a 
     resolution described in subsection (a) has not reported such 
     resolution (or an identical resolution) at the end of 20 
     calendar days after the submission or publication date 
     defined under subsection (b)(2), such committee may be 
     discharged by the Majority Leader of the Senate or the 
     Majority Leader of the House of Representatives, as the case 
     may be, from further consideration of such resolution and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.
       (d) Floor Consideration.--
       (1) In general.--When the committee to which a resolution 
     is referred has reported, or when a committee is discharged 
     (under subsection (c)) from further consideration of, a 
     resolution described in subsection (a), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for a motion to proceed to 
     the consideration of the resolution, and all points of order 
     against the resolution (and against consideration of 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the resolution is agreed to, the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order.
       (3) Final passage.--Immediately following the conclusion of 
     the debate on a resolution described in subsection (a), and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the resolution shall 
     occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Treatment if Other House Has Acted.--If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (1) Nonreferral.--The resolution of the other House shall 
     not be referred to a committee.
       (2) Final passage.--With respect to a resolution described 
     in subsection (a) of the House receiving the resolution--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
       (f) Constitutional Authority.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a 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 a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating 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. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL 
                   DEADLINES.

       (a) In General.--In the case of any deadline for, relating 
     to, or involving any significant rule which does not take 
     effect (or the effectiveness of which is terminated) because 
     of the enactment of a joint resolution under section 4, that 
     deadline is extended until the date 12 months after the date 
     of the joint resolution. Nothing in this subsection shall be 
     construed to affect a deadline merely by reason of the 
     postponement of a rule's effective date under section 3(a).
       (b) Deadline Defined.--The term ``deadline'' means any date 
     certain for fulfilling any obligation or exercising any 
     authority established by or under any Federal statute or 
     regulation, or by or under any court order 
     [[Page S4738]] implementing any Federal statute or 
     regulation.

     SEC. 6. DEFINITIONS.

       For purposes of this Act--
       (1) Federal agency.--The term ``Federal agency'' means any 
     ``agency'' as that term is defined in section 551(1) of title 
     5, United States Code (relating to administrative procedure).
       (2) Significant rule.--The term ``significant rule'' means 
     any final rule, issued after November 9, 1994, that the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget finds--
       (A) has an annual effect on the economy of $100,000,000 or 
     more or adversely affects in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (B) creates a serious inconsistency or otherwise interferes 
     with an action taken or planned by another agency;
       (C) materially alters the budgetary impact of entitlement, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raises novel legal or policy issues arising out of 
     legal mandates, the President's priorities, or the principles 
     set forth in Executive Order 12866.
       (3) Final rule.--The term ``final rule'' means any final 
     rule or interim final rule. As used in this paragraph, 
     ``rule'' has the meaning given such term by section 551 of 
     title 5, United States Code.

     SEC. 7. CIVIL ACTION.

       An Executive order issued by the President under section 
     3(c), and any determination under section 3(a)(2), shall not 
     be subject to judicial review by a court of the United 
     States.

     SEC. 8. APPLICABILITY; SEVERABILITY.

       (a) Applicability.--This Act shall apply notwithstanding 
     any other provision of law.
       (b) Severability.--If any provision of this Act, or the 
     application of any provision of this Act to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this Act, shall not be affected thereby.

     SEC. 9. EXEMPTION FOR MONETARY POLICY.

       Nothing in this Act shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     SEC. 10. EFFECTIVE DATE.

       This Act shall take effect on the date of the enactment of 
     this Act and shall apply to any significant rule that takes 
     effect as a final rule on or after such effective date.

                                 ______


                 HARKIN (AND OTHERS) AMENDMENT NO. 411

  Mr. HARKIN (for himself, Mr. Graham, and Mr. D'Amato) proposed an 
amendment to amendment No. 410 proposed by Mr. Nickles to the bill S. 
219, supra; as follows:

       At the appropriate place insert the following:

     SEC.  . SENSE OF SENATE REGARDING AMERICAN CITIZENS HELD IN 
                   IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) On Saturday, March 25, 1995, an Iraqi court sentenced 
     two Americans, William Barloon and David Daliberti, to eight 
     years imprisonment for allegedly entering Iraq without 
     permission.
       (2) The two men were tried, convicted, and sentenced in 
     what was reported to be a very brief period during that day 
     with no other Americans present and with their only legal 
     counsel having been appointed by the Government of Iraq.
       (3) The Department of State has stated that the two 
     Americans have committed no offense justifying imprisonment 
     and has demanded that they be released immediately.
       (4) This injustice worsens already strained relations 
     between the United States and Iraq and makes resolution of 
     differences with Iraq more difficult.
       (b) Sense of Senate.--The Senate strongly condemns the 
     unjustified actions taken by the Government of Iraq against 
     American citizens William Barloon and David Daliberti and 
     urges their immediate release from prison and safe exit from 
     Iraq. Further, the Senate urges the President of the United 
     States to take all appropriate action to assure their prompt 
     release and safe exit from Iraq.
                                 ______


                  LEVIN (AND GLENN) AMENDMENT NO. 412

  Mr. LEVIN (for himself and Mr. Glenn) proposed an amendment to 
amendment No. 410 proposed by Mr. Nickles to the bill S. 219, supra; as 
follows:

       On page 9, line 2, strike everything after ``discharged'' 
     through the period on line 6 and insert the following: ``from 
     further consideration of such resolution in the Senate upon a 
     petition supported in writing by 30 Members of the Senate or 
     by motion of the Majority Leader supported by the Minority 
     Leader, and in the House upon a petition supported in writing 
     by one-fourth of the Members duly sworn and chosen or by 
     motion of the Speaker supported by the Minority Leader, and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.''
                                 ______


                DOMENICI (AND NICKLES) AMENDMENT NO. 413

  Mr. DOMENICI (for himself and Mr. Nickles) proposed an amendment to 
amendment No. 410 proposed by Mr. Nickles to the bill S. 219, supra; as 
follows:

       On page 2, strike lines 6 through 20, and insert in lieu 
     thereof and renumber accordingly:
       ``(1) Reporting to Congress and the Comptroller General.--
       (A) Before a rule can take effect as a final rule, the 
     Federal agency promulgating such rule submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule; and
       (iii) the proposed effective date of the rule.
       (B) The Federal agency promulgating the rule shall make 
     available to each House of Congress and the Comptroller 
     General, upon request:
       (i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       (ii) the agency's actions relevant to section 603, section 
     604 section 605 section 607, and section 609 of P.L. 96-354;
       (iii) the agency's actions relevant to title II, section 
     202, section 203, section 204, and section 205 of P.L. 104-4; 
     and
       (iv) any other relevant information or requirements under 
     any other Act and any relevant Executive Orders, such as 
     Executive Order 12866.
       (C) Upon receipt, each House shall provide copies to the 
     chairman and Ranking Member of each committee with 
     jurisdiction.
       (2) Reporting by the Comptroller General.--
       (A) The Comptroller General shall provide a report on each 
     significant rule to the committees of jurisdiction to each 
     House of the Congress by the end of 12 calendar days after 
     the submission or publication date as provided in section 
     4(b)(2). The report of the Comptroller General shall include 
     an assessment of the agency's compliance with procedural 
     steps required with subsection (A)(iv) through (vii).
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subsection (2)(A) of this section.''
       On page 14, at the beginning of line 5, insert, ``section 
     3(a)(1)-(2) and'', and on line 5 strike ``3(a)(2)'' and 
     insert in lieu thereof ``3(a)(3)''.

                                 ______


                DASCHLE (AND PRESSLER) AMENDMENT NO. 414

  Mr. REID (for Mr. Daschle and Mr. Pressler) proposed an amendment to 
amendment No. 410 proposed by Mr. Nickles to the bill S. 219, supra; as 
follows:

       At the appropriate place insert the following:
                    TITLE ____--TERM GRAZING PERMITS

     SEC. ____01. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Secretary of Agriculture (referred to in this Act 
     as the ``Secretary'') administers the 191,000,000-acre 
     National Forest System for multiple uses in accordance with 
     Federal law;
       (2) where suitable, 1 of the recognized multiple uses for 
     National Forest System land is grazing by livestock;
       (3) the Secretary authorizes grazing through the issuance 
     of term grazing permits that have terms of not to exceed 10 
     years and that include terms and conditions necessary for the 
     proper administration of National Forest System land and 
     resources;
       (4) as of the date of enactment of this Act, the Secretary 
     has issued approximately 9,000 term grazing permits 
     authorizing grazing on approximately 90,000,000 acres of 
     National Forest System land;
       (5) of the approximately 9,000 term grazing permits issued 
     by the Secretary, approximately one-half have expired or will 
     expire by the end of 1996;
       (6) if the holder of an expiring term grazing permit has 
     complied with the terms and conditions of the permit and 
     remains eligible and qualified, that individual is considered 
     to be a preferred applicant for a new term grazing permit in 
     the event that the Secretary determines that grazing remains 
     an appropriate use of the affected National Forest System 
     land;
       (7) in addition to the approximately 9,000 term grazing 
     permits issued by the Secretary, it is estimated that as many 
     as 1,600 term grazing permits may be waived by permit holders 
     to the Secretary in favor of a purchaser of the permit 
     holder's permitted livestock or base property by the end of 
     1996;
       (8) to issue new term grazing permits, the Secretary must 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other laws;
       (9) for a large percentage of the grazing permits that will 
     expire or be waived to the Secretary by the end of 1996, the 
     Secretary has devised a strategy that will result in 
     [[Page S4739]] compliance with the National Environmental 
     Policy Act of 1969 and other applicable laws (including 
     regulations) in a timely and efficient manner and enable the 
     Secretary to issue new term grazing permits, where 
     appropriate;
       (10) for a small percentage of the grazing permits that 
     will expire or be waived to the Secretary by the end of 1996, 
     the strategy will not provide for the timely issuance of new 
     term grazing permits; and
       (11) in cases in which ranching operations involve the use 
     of a term grazing permit issued by the Secretary, it is 
     essential for new term grazing permits to be issued in a 
     timely manner for financial and other reasons.
       (b) Purpose.--The purpose of this Act is to ensure that 
     grazing continues without interruption on National Forest 
     System land in a manner that provides long-term protection of 
     the environment and improvement of National Forest System 
     rangeland resources while also providing short-term certainty 
     to holders of expiring term grazing permits and purchasers of 
     a permit holder's permitted livestock or base property.

     SEC. ____02. DEFINITIONS.

       In this Act:
       (1) Expiring term grazing permit.--The term ``expiring term 
     grazing permit'' means a term grazing permit--
       (A) that expires in 1995 or 1996; or
       (B) that expired in 1994 and was not replaced with a new 
     term grazing permit solely because the analysis required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and other applicable laws has not been completed.
       (2) Final agency action.--The term ``final agency action'' 
     means agency action with respect to which all available 
     administrative remedies have been exhausted.
       (3) Term grazing permit.--The term ``term grazing permit 
     means a term grazing permit or grazing agreement issued by 
     the Secretary under section 402 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1752), section 19 of 
     the Act entitled ``An Act to facilitate and simplify the work 
     of the Forest Service, and for other purposes'', approved 
     April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
     (16 U.S.C. 580l), or other law.

     SEC. ____03. ISSUANCE OF NEW TERM GRAZING PERMITS.

       (a) In General.--Notwithstanding any other law, the 
     Secretary shall issue a new term grazing permit without 
     regard to whether the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws has been completed, or final agency 
     action respecting the analysis has been taken--
       (1) to the holder of an expiring term grazing permit ; or
       (2) to the purchaser of a term grazing permit holder's 
     permitted livestock or base property if--
       (A) between January 1, 1995, and December 1, 1996, the 
     holder has waived the term grazing permit to the Secretary 
     pursuant to section 222.3(c)(1)(iv) of title 36, Code of 
     Federal Regulations; and
       (B) the purchaser of the term grazing permit holder's 
     permitted livestock or base property is eligible and 
     qualified to hold a term grazing permit.
       (b) Terms and Conditions.--Except as provided in subsection 
     (c)--
       (1) a new term grazing permit under subsection (a)(1) shall 
     contain the same terms and conditions as the expired term 
     grazing permit; and
       (2) a new term grazing permit under subsection (a)(2) shall 
     contain the same terms and conditions as the waived permit.
       (c) Duration.--
       (1) In general.--A new term grazing permit under subsection 
     (a) shall expire on the earlier of--
       (A) the date that is 3 years after the date on which it is 
     issued; or
       (B) the date on which final agency action is taken with 
     respect to the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws.
       (2) Final action in less than 3 years.--If final agency 
     action is taken with respect to the analysis required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and other applicable laws before the date that is 3 
     years after the date on which a new term grazing permit is 
     issued under subsection (a), the Secretary shall--
       (A) cancel the new term grazing permit; and
       (B) if appropriate, issue a term grazing permit for a term 
     not to exceed 10 years under terms and conditions as are 
     necessary for the proper administration of National Forest 
     System rangeland resources.
       (d) Date of Issuance.--
       (1) Expiration on or before date of enactment.--In the case 
     of an expiring term grazing permit that has expired on or 
     before the date of enactment of this Act, the Secretary shall 
     issue a new term grazing permit under subsection (a)(1) not 
     later than 15 days after the date of enactment of this Act.
       (2) Expiration after date of enactment.--In the case of an 
     expiring term grazing permit that expires after the date of 
     enactment of this Act, the Secretary shall issue a new term 
     grazing permit under subsection (a)(1) on expiration of the 
     expiring term grazing permit.
       (3) Waived permits.--In the case of a term grazing permit 
     waived to the Secretary pursuant to section 222.3(c)(1)(iv) 
     of title 36, Code of Federal Regulations, between January 1, 
     1995, and December 31, 1996, the Secretary shall issue a new 
     term grazing permit under subsection (a)(2) not later than 60 
     days after the date on which the holder waives a term grazing 
     permit to the Secretary.

     SEC. ____04. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

       The issuance of a new term grazing permit under section 
     ____03(a) shall not be subject to administrative appeal or 
     judicial review.

     SEC. ____05. REPEAL.

       This Act is repealed effective as of January 1, 2001.

                                 ______


                  PRYOR (AND OTHERS) AMENDMENT NO. 415

  Mr. PRYOR (for himself, Mr. Stevens, Mr. Pressler, Mr. Wellstone, and 
Mr. Cochran) proposed an amendment to amendment No. 410 proposed by Mr. 
Nickles to the bill S. 219, supra; as follows:

       On page 13, beginning on line 12, strike all through line 8 
     on page 14 and insert in lieu thereof the following:
       ``(2) Significant rule.--The term ``significant rule''--
       (A) means any final rule, issued after November 9, 1994, 
     that the Administrator of the Office of Information and 
     Regulatory Affairs within the Office of Management and Budget 
     finds--
       (i) has an annual effect on the economy of $100,000,000 or 
     more or adversely affects in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (ii) creates a serious inconsistency or otherwise 
     interferes with an action taken or planned by another agency;
       (iii) materially alters the budgetary impact of 
     entitlement, grants, user fees, or loan programs or the 
     rights and obligations of recipients thereof; or
       (iv) raises novel legal or policy issues arising out of 
     legal mandates, the President's priorities, or the principles 
     set forth in Executive Order 12866.
       (B) does not include any agency action that establishes, 
     modifies, opens, closes, or conducts a regulatory program for 
     a commercial, recreational, or subsistence activity relating 
     to hunting, fishing, or camping.''
                                 ______


                  LEVIN (AND GLENN) AMENDMENT NO. 416

  Mr. LEVIN (for himself and Mr. Glenn) proposed an amendment to 
amendment No. 410 proposed by Mr. Nickles to the bill S. 219, supra; as 
follows:

       On page 14, strike lines 3 through 7, and insert in lieu 
     thereof:

     ``SECTION 7. JUDICIAL REVIEW.

       No determination, finding, action, or omission under this 
     Act shall be subject to judicial review.''
                                 ______


                  LEVIN (AND GLENN) AMENDMENT NO. 417

  Mr. LEVIN (for himself and Mr. Glenn) proposed an amendment to 
amendment No. 410 proposed by Mr. Nickles to the bill S. 219, supra; as 
follows:

       On page 14 of the amendment, line 2, strike the period and 
     insert: ``, except that such term does not include any rule 
     of particular applicability including a rule that approves or 
     prescribes for the future rates, wages, prices, services, or 
     allowances therefor, corporate or financial structures, 
     reorganizations, mergers, or acquisitions thereof, or 
     accounting practices or disclosures bearing on any of the 
     foregoing or any rule of agency organization, personnel, 
     procedure, practice or any routine matters.''
                                 ______


                      WELLSTONE AMENDMENT NO. 418

  Mr. REID (for Mr. Wellstone) proposed an amendment to amendment No. 
410 proposed by Mr. Nickles to the bill S. 219, supra; as follows:

       On page 8, line 4, delete everything from ``after'' through 
     ``Congress'' on line 5 and insert ``during the period 
     beginning on the date on which the report referred to in 
     section 3(a), is received by Congress and ending 45 days 
     thereafter,''.
                                 ______


                       NICKLES AMENDMENT NO. 419

  Mr. NICKLES proposed an amendment to amendment No. 410 proposed by 
him to the bill S. 219, supra; as follows:

       On page 12, line 7, strike the word ``significant'';
       On page 13, line 2, of amendment No. 415 strike the words 
     ``, issued after November 9, 1994,'';
       On page 14, line 23, strike the word ``significant''.


       

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