    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Legislate Procedures Enacted in Law]
    [Pages 1267-1272]
    [From the U.S. Government Publishing Office, www.gpo.gov]

       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    been classified, withdrawn, set aside, or otherwise designated for one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 1268]]

            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 1269]]

    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 1270]]

    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 1271]]

    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 1272]]

    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)