[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Legislate Procedures Enacted in Law]
[Pages 1233-1238]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 1233]]


   21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]


                          a. land use planning


                            [43 U.S.C. 1712]


  Sec. 202. (a) The Secretary shall, with public involvement and 
consistent with the terms and conditions of this Act, develop, maintain, 
and, when appropriate, revise land use plans which provide by tracts or 
areas for the use of the public lands. Land use plans shall be developed 
for the public lands regardless of whether such lands previously have 
been classified, withdrawn, set aside, or otherwise designated for one 
or more uses.


                                  * * *

  (d) Any classification of public lands or any land use plan in effect 
on October 21, 1976, is subject to review in the land use planning 
process conducted under this section, and all public lands, regardless 
of classification, are subject to inclusion in any land use plan 
developed pursuant to this section. The Secretary may modify or 
terminate any such classification with such land use plans.

  (e) The Secretary may issue management decisions to implement land use 
plans developed or revised under this section in accordance with the 
following:

          (1) Such decisions, including but not limited to exclusions 

        (that is, total elimination) of one or more of the principal or 

        major uses made by a management decision shall remain subject to 

        reconsideration, modification, and termination through revision 

        by the Secretary or his delegate, under the provisions of this 

        section, of the land use plan involved.

          (2) Any management decision or action pursuant to a management 

        decision that excludes (that is, totally eliminates) one or more 

        of the principal or major uses for two or more years with 

        respect to a tract of land of one hundred thousand acres or more 

        shall be reported by the Secretary to the House of 

        Representatives and the Senate. If within ninety days from the 

        giving of such notice (exclusive of days on which either House 

        has adjourned for more than three consecutive days), the 

        Congress adopts a concurrent resolution of nonapproval of the 


[[Page 1234]]

        management decision or

        action, then the management decision or action shall be promptly 

        terminated by the Secretary. If the committee to which a 

        resolution has been referred during the said ninety day period 

        has not reported it at the end of thirty calendar days after its 

        referral, it shall be in order to either discharge the committee 

        from further consideration of such resolution or to discharge 

        the committee from consideration of any other resolution with 

        respect to the management decision or action. A motion to 

        discharge may be made only by an individual favoring the 

        resolution, shall be highly privileged (except that it may not 

        be made after the committee has reported such a resolution), and 

        debate thereon shall be limited to not more than one hour, to be 

        divided equally between those favoring and those opposing the 

        resolution. An amendment to the motion shall not be in order, 

        and it shall not be in order to move to reconsider the vote by 

        which the motion was agreed to or disagreed to. If the motion to 

        discharge is agreed to or disagreed to, the motion may not be 

        made with respect to any other resolution with respect to the 

        same management decision or action. When the committee has 

        reprinted [so in original], or has been discharged from further 

        consideration of a resolution, it shall at any time thereafter 

        be in order (even though a previous motion to the same effect 

        has been disagreed to) to move to proceed to the consideration 

        of the resolution. The motion shall be highly privileged and 

        shall not be debatable. An amendment to the motion shall not be 

        in order, and it shall not be in order to move to reconsider the 

        vote by which the motion was agreed to or disagreed to.


                                                          Sec. 1130(21B)


                                b. sales


                            [43 U.S.C. 1713]


[[Page 1235]]

tion. If the committee to which a resolution has been referred during 
the said ninety day period has not reported it at the end of thirty 
calendar days after its referral, it shall be in order to either 
discharge the committee from further consideration of such resolution or 
to discharge the committee from consideration of any other resolution 
with respect to the designation. A motion to discharge may be made only 
by an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. If the motion to discharge is agreed to 
or disagreed to, the motion may not be made with respect to any other 
resolution with respect to the same designation. When the committee has 
reprinted [so in original], or has been discharged from further 
consideration of a resolution, it shall at any time thereafter be in 
order (even though a previous motion to the same effect has been 
disagreed to) to move to proceed to the consideration of the resolution. 
The motion shall be highly privileged and shall not be debatable. An 
amendment to the motion shall not be in order, and it shall not be in 
order to move to reconsider the vote by which the motion was agreed to 
or disagreed to.
  Sec. 203. * * * (c) Where a tract of the public lands in excess of two 
thousand five hundred acres has been designated for sale, such sale may 
be made only after the end of the ninety days (not counting days on 
which the House of Representatives or the Senate has adjourned for more 
than three consecutive days) beginning on the day the Secretary has 
submitted notice of such designation to the Senate and the House of 
Representatives, and then only if the Congress has not adopted a 
concurrent resolution stating that such House does not approve of such 
designa


                                                          Sec. 1130(21C)


                             c. withdrawals


                            [43 U.S.C. 1714]


[[Page 1236]]

tives, if the Congress has adopted a concurrent resolution stating that 
such House does not approve the withdrawal. If the committee to which a 
resolution has been referred during the said ninety day period has not 
reported it at the end of thirty calendar days after its referral, it 
shall be in order to either discharge the committee from further 
consideration of such resolution or to discharge the committee from 
consideration of any other resolution with respect to the Presidential 
recommendation. A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it may 
not be made after the committee has reported such a resolution), and 
debate thereon shall be limited to not more than one hour, to be divided 
equally between those favoring and those opposing the resolution. An 
amendment to the motion shall not be in order, and it shall not be in 
order to move to reconsider the vote by which the motion was agreed to 
or disagreed to. If the motion to discharge is agreed to or disagreed 
to, the motion may not be made with respect to any other resolution with 
respect to the same Presidential recommendation. When the committee has 
reprinted [so in original], or has been discharged from further 
consideration of a resolution, it shall at any time thereafter be in 
order (even though a previous motion to the same effect has been 
disagreed to) to move to proceed to the consideration of the resolution. 
The motion shall be highly privileged and shall not be debatable. An 
amendment to the motion shall not be in order, and it shall not be in 
order to move to reconsider the vote by which the motion was agreed to 
or disagreed to.
  Sec. 204. * * * (c)(1) On and after the dates of approval of this Act 
a withdrawal aggregating five thousand acres or more may be made (or 
such a withdrawal or any other withdrawal involving the aggregate five 
thousand acres or more which terminates after such date of approval may 
be extended) only for a period of not more than twenty years by the 
Secretary on his own motion or upon request by a department or agency 
head. The Secretary shall notify both Houses of Congress of such a 
withdrawal no later than its effective date and the withdrawal shall 
terminate and become effective at the end of ninety days (not counting 
days on which the Senate or the House of Representatives has adjourned 
for more than three consecutive days) beginning on the day notice of 
such withdrawal has been submitted to the Senate and to the House of 
Representa


                                                          Sec. 1130(21D)


                        d. review of withdrawals


                            [43 U.S.C. 1714]


[[Page 1237]]

the Fish and Wildlife Service, the National Wild and Scenic Rivers 
System, and the National System of Trails; and (2) all public lands 
administered by the Bureau of Land Management and of lands in the 
National Forest System (except those in wilderness areas, and those 
areas formally identified as primitive or natural areas or designated as 
national recreation areas) which closed the lands to appropriation under 
the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22) or to 
leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 
30 U.S.C. 181).
  Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of 
October 21, 1976, review withdrawals existing on the date of approval of 
this Act, in the States of Arizona, California, Colorado, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming of 
(1) all Federal lands other than withdrawals of the public lands 
administered by the Bureau of Land Management and of lands which, on the 
date of approval of this Act, were part of Indian reservations and other 
Indian holdings, the National Forest System, the National Park System, 
the National Wildlife Refuge System, other lands administered by the 
Fish and Wildlife Service or the Secretary through


[[Page 1238]]

the motion shall not be in order, and it shall not be in order to move 
to reconsider the vote by which the motion was agreed to or disagreed 
to. If the motion to discharge is agreed to or disagreed to, the motion 
may not be made with respect to any other resolution with respect to the 
same Presidential recommendation. When the committee has reprinted [so 
in original], or has been discharged from further consideration of a 
resolution, it shall at any time thereafter be in order (even though a 
previous motion to the same effect has been disagreed to) to move to 
proceed to the consideration of the resolution. The motion shall be 
highly privileged and shall not be debatable. An amendment to the motion 
shall not be in order, and it shall not be in order to move to 
reconsider the vote by which the motion was agreed to or disagreed to.
  (2) In the review required by paragraph (1) of this subsection, the 
Secretary shall determine whether, and for how long, the continuation of 
the existing withdrawal of the lands would be, in his judgment, 
consistent with the statutory objectives of the programs for which the 
lands were dedicated and of the other relevant programs. The Secretary 
shall report his recommendations to the President, together with 
statements of concurrence or nonconcurrence submitted by the heads of 
the departments or agencies which administer the lands. The President 
shall transmit this report to the President of the Senate and the 
Speaker of the House of Representatives, together with his 
recommendations for action by the Secretary, or for legislation. The 
Secretary may act to terminate withdrawals other than those made by Act 
of the Congress in accordance with the recommendations of the President 
unless before the end of ninety days (not counting days on which the 
Senate and the House of Representatives has adjourned for more than 
three consecutive days) beginning on the day the report of the President 
has been submitted to the Senate and the House of Representatives the 
Congress has adopted a concurrent resolution indicating otherwise. If 
the committee to which a resolution has been referred during the said 
ninety day period has not reported it at the end of thirty calendar days 
after its referral, it shall be in order to either discharge the 
committee from further consideration of such resolution or to discharge 
the committee from consideration of any other resolution with respect to 
the Presidential recommendation. A motion to discharge may be made only 
by an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to




                                                           Sec. 1130(22)