    [United States Senate Manual, 116th Congress]
    [S. Doc. 116-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 481-493]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 481]]

                                   TITLE 43--PUBLIC LANDS

                                 Chapter 29--SUBMERGED LANDS

           405  Sec. 1337. Leases, easements, and rights-of-way on the outer
                    Continental Shelf

                                        * * * * * * *

                    (4)(A) The Secretary of Energy shall submit any bidding
                system authorized in subparagraph (H) of paragraph (1) to
                the Senate and House of Representatives. The Secretary may
                institute such bidding system unless either the Senate or
                the House of Representatives passes a resolution of
                disapproval within thirty days after receipt of the bidding
                system.
                    (B) Subparagraphs (C) through (J) of this paragraph are
                enacted by Congress--
                                (i) as an exercise of the rulemaking power
                            of the Senate and the House of Representatives,
                            respectively, and as such they are deemed a part
                            of the rules of each House, respectively, but
                            they are applicable only with respect to the
                            procedures to be followed in that House in the
                            case of resolutions described by this paragraph,
                            and they supersede other rules only to the
                            extent that they are inconsistent therewith; and
                                (ii) 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.
                    (C) A resolution disapproving a bidding system submitted
                pursuant to this paragraph shall immediately be referred to
                a committee (and all resolutions with respect to the same
                request shall be referred to the same committee) by the
                President of the Senate or the Speaker of the House of
                Representatives, as the case may be.
                    (D) If the committee to which has been referred any
                resolution disapproving the bidding system of the Secretary
                has not reported the resolution at the end of ten calendar
                days after its referral, it shall be in order to move either
                to discharge the committee from further consideration of the
                resolution or to discharge the committee from further
                consideration of any other resolution with respect to the
                same bidding system which has been referred to the
                committee.
                    (E) 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 a resolution with respect to the same
                recommendation), 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 is
                agreed to or disagreed to.
                    (F) If the motion to discharge is agreed to or disagreed
                to, the motion may not be renewed, nor may another motion to
                discharge the committee be made with respect to any other
                resolution with respect to the same bidding system.

    [[Page 482]]

                    (G) When the committee has reported, or has been
                discharged from further consideration of, a resolution as
                provided in this paragraph, it shall be at any time
                thereafter 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 is agreed
                to or disagreed to.
                    (H) Debate on the resolution is limited to not more than
                two hours, to be divided equally between those favoring and
                those opposing the resolution. A motion further to limit
                debate is not debatable. An amendment to, or motion to
                recommit, the resolution is not in order, and it is not in
                order to move to reconsider the vote by which the resolution
                is agreed to or disagreed to.
                    (I) Motions to postpone, made with respect to the
                discharge from the committee, or the consideration of a
                resolution with respect to a bidding system, and motions to
                proceed to the consideration of other business, shall be
                decided without debate.
                    (J) 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 with respect to a bidding system
                shall be decided without debate. (Aug. 7, 1953, ch. 345,
                Sec. 8, 67 Stat. 468; Pub. L. 95-372, Title II, Sec. 205(a),
                (b), Sept. 18, 1978, 92 Stat. 640, 644; Pub. L. 99-272,
                Title VIII, Sec. 8003, Apr. 7, 1986, 100 Stat. 148; Pub. L.
                100-202, Sec. 101(g) [Title I, Sec. 100], Dec. 22, 1987, 101
                Stat. 1329-213, 1329-225; Pub. L. 103-426, Sec. 1(a), Oct.
                31, 1994, 108 Stat. 4371; Pub. L. 104-58, Title III,
                Sec. Sec. 302, 303, Nov. 28, 1995, 109 Stat. 563, 565; Pub.
                L. 105-362, Title IX, Sec. 901(k), Nov. 10, 1998, 112 Stat.
                3290; Pub. L. 106-53, Title II, Sec. 215(b)(1), Aug. 17,
                1999, 113 Stat. 292; Pub. L. 109-58, Title III,
                Sec. Sec. 346, 388(a), (c), Aug. 8, 2005, 119 Stat. 704,
                744, 747.)

                                        * * * * * * *

                       Chapter 35--FEDERAL LAND POLICY AND MANAGEMENT

           406  Sec. 1712. Land use plans
                (a) Development, maintenance, and revision by Secretary
                    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.
                (b) Coordination of plans for National Forest System lands
                    with Indian land use planning and management programs
                    for purposes of development and revision
                    In the development and revision of land use plans, the
                Secretary of Agriculture shall coordinate land use plans for
                lands in the National Forest System with the land use
                planning and management programs of and for Indian tribes
                by, among other things, considering the policies of approved
                tribal land resource management programs.

    [[Page 483]]

                (c) Criteria for development and revision
                    In the development and revision of land use plans, the
                Secretary shall--
                                (1) use and observe the principles of
                            multiple use and sustained yield set forth in
                            this and other applicable law;
                                (2) use a systematic interdisciplinary
                            approach to achieve integrated consideration of
                            physical, biological, economic, and other
                            sciences;
                                (3) give priority to the designation and
                            protection of areas of critical environmental
                            concern;
                                (4) rely, to the extent it is available, on
                            the inventory of the public lands, their
                            resources, and other values;
                                (5) consider present and potential uses of
                            the public lands;
                                (6) consider the relative scarcity of the
                            values involved and the availability of
                            alternative means (including recycling) and
                            sites for realization of those values;
                                (7) weigh long-term benefits to the public
                            against short-term benefits;
                                (8) provide for compliance with applicable
                            pollution control laws, including State and
                            Federal air, water, noise, or other pollution
                            standards or implementation plans; and
                                (9) to the extent consistent with the laws
                            governing the administration of the public
                            lands, coordinate the land use inventory,
                            planning, and management activities of or for
                            such lands with the land use planning and
                            management programs of other Federal departments
                            and agencies and of the States and local
                            governments within which the lands are located,
                            including, but not limited to, the statewide
                            outdoor recreation plans developed under chapter
                            2003 of title 54, and of or for Indian tribes
                            by, among other things, considering the policies
                            of approved State and tribal land resource
                            management programs. In implementing this
                            directive, the Secretary shall, to the extent he
                            finds practical, keep apprised of State, local,
                            and tribal land use plans; assure that
                            consideration is given to those State, local,
                            and tribal plans that are germane in the
                            development of land use plans for public lands;
                            assist in resolving, to the extent practical,
                            inconsistencies between Federal and non-Federal
                            Government plans, and shall provide for
                            meaningful public involvement of State and local
                            government officials, both elected and
                            appointed, in the development of land use
                            programs, land use regulations, and land use
                            decisions for public lands, including early
                            public notice of proposed decisions which may
                            have a significant impact on non-Federal lands.
                            Such officials in each State are authorized to
                            furnish advice to the Secretary with respect to
                            the development and revision of land use plans,
                            land use guidelines, land use rules, and land
                            use regulations for the public lands within such
                            State and with respect to such other land use
                            matters as may be referred to them by him. Land
                            use plans of the Secretary under this section
                            shall be consistent with State and local plans
                            to the maximum extent he finds consistent with
                            Federal law and the purposes of this Act.

    [[Page 484]]

                (d) Review and inclusion of classified public lands; review
                    of existing land use plans; modification and termination
                    of classifications
                    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 consistent with such land use plans.
                (e) Management decisions for implementation of developed or
                    revised plans
                    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
                            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, 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

    [[Page 485]]

                            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.
                                (3) Withdrawals made pursuant to section
                            1714 of this title may be used in carrying out
                            management decisions, but public lands shall be
                            removed from or restored to the operation of the
                            Mining Law of 1872, as amended (R.S. 2318-2352;
                            30 U.S.C. 21 et seq.) or transferred to another
                            department, bureau, or agency only by withdrawal
                            action pursuant to section 1714 of this title or
                            other action pursuant to applicable law:
                            Provided, That nothing in this section shall
                            prevent a wholly owned Government corporation
                            from acquiring and holding rights as a citizen
                            under the Mining Law of 1872.
                (f) Procedures applicable to formulation of plans and
                    programs for public land management
                    The Secretary shall allow an opportunity for public
                involvement and by regulation shall establish procedures,
                including public hearings where appropriate, to give
                Federal, State, and local governments and the public,
                adequate notice and opportunity to comment upon and
                participate in the formulation of plans and programs
                relating to the management of the public lands. (Pub. L. 94-
                579, Title II, Sec. 202, Oct. 21, 1976, 90 Stat. 2747; Pub.
                L. 113-287, Sec. 5(l)(6), Dec. 19, 2014, 128 Stat. 3271.)
           407  Sec. 1713. Sales of public land tracts
                (a) Criteria for disposal; excepted lands
                    A tract of the public lands (except land in units of the
                National Wilderness Preservation System, National Wild and
                Scenic Rivers Systems, and National System of Trails) may be
                sold under this Act where, as a result of land use planning
                required under section 1712 of this title, the Secretary
                determines that the sale of such tract meets the following
                disposal criteria:
                                (1) such tract because of its location or
                            other characteristics is difficult and
                            uneconomic to manage as part of the public
                            lands, and is not suitable for management by
                            another Federal department or agency; or
                                (2) such tract was acquired for a specific
                            purpose and the tract is no longer required for
                            that or any other Federal purpose; or
                                (3) disposal of such tract will serve
                            important public objectives, including but not
                            limited to, expansion of communities and
                            economic development, which cannot be achieved
                            prudently or feasibly on land other than public
                            land and which outweigh other public objectives
                            and values, including, but not limited to,
                            recreation and scenic values, which would be
                            served by maintaining such tract in Federal
                            ownership.
                (b) Conveyance of land of agricultural value and desert in
                    character
                    Where the Secretary determines that land to be conveyed
                under clause (3) of subsection (a) of this section is of
                agricultural value and is desert in character, such land
                shall be conveyed either under the sale authority of this
                section or in accordance with other existing law.

    [[Page 486]]

                (c) Congressional approval procedures applicable to tracts
                    in excess of two thousand five hundred acres
                    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 designation. 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, 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.
                (d) Sale price
                    Sales of public lands shall be made at a price not less
                than their fair market value as determined by the Secretary.
                (e) Maximum size of tracts
                    The Secretary shall determine and establish the size of
                tracts of public lands to be sold on the basis of the land
                use capabilities and development requirements of the lands;
                and, where any such tract which is judged by the Secretary
                to be chiefly valuable for agriculture is sold, its size
                shall be no larger than necessary to support a family-sized
                farm.
                (f) Competitive bidding requirements
                    Sales of public lands under this section shall be
                conducted under competitive bidding procedures to be
                established by the Secretary. However, where the Secretary
                determines it necessary and proper in order (1) to assure
                equitable distribution among purchasers of lands, or (2) to
                recognize equitable considerations or public policies,
                including but not limited to, a preference to users, he may
                sell those lands with modified competitive bidding or
                without competitive bidding. In recog

    [[Page 487]]

                nizing public policies, the Secretary shall give
                consideration to the following potential purchasers:
                                (1) the State in which the land is located;
                                (2) the local government entities in such
                            State which are in the vicinity of the land;
                                (3) adjoining landowners;
                                (4) individuals; and
                                (5) any other person.
                (g) Acceptance or rejection of offers to purchase
                    The Secretary shall accept or reject, in writing, any
                offer to purchase made through competitive bidding at his
                invitation no later than thirty days after the receipt of
                such offer or, in the case of a tract in excess of two
                thousand five hundred acres, at the end of thirty days after
                the end of the ninety-day period provided in subsection (c)
                of this section, whichever is later, unless the offeror
                waives his right to a decision within such thirty-day
                period. Prior to the expiration of such periods the
                Secretary may refuse to accept any offer or may withdraw any
                land or interest in land from sale under this section when
                he determines that consummation of the sale would not be
                consistent with this Act or other applicable law. (Pub. L.
                94-579, Title II, Sec. 203, Oct. 21, 1976, 90 Stat. 2750.)
           408  Sec. 1714. Withdrawals of lands
                (a) Authorization and limitation; delegation of authority
                    On and after the effective date of this Act the
                Secretary is authorized to make, modify, extend, or revoke
                withdrawals but only in accordance with the provisions and
                limitations of this section. The Secretary may delegate this
                withdrawal authority only to individuals in the Office of
                the Secretary who have been appointed by the President, by
                and with the advice and consent of the Senate.
                (b) Application and procedures applicable subsequent to
                    submission of application
                    (1) Within thirty days of receipt of an application for
                withdrawal, and whenever he proposes a withdrawal on his own
                motion, the Secretary shall publish a notice in the Federal
                Register stating that the application has been submitted for
                filing or the proposal has been made and the extent to which
                the land is to be segregated while the application is being
                considered by the Secretary. Upon publication of such notice
                the land shall be segregated from the operation of the
                public land laws to the extent specified in the notice. The
                segregative effect of the application shall terminate upon
                (a) rejection of the application by the Secretary, (b)
                withdrawal of lands by the Secretary, or (c) the expiration
                of two years from the date of the notice.
                    (2) The publication provisions of this subsection are
                not applicable to withdrawals under subsection (e) hereof.
                (c) Congressional approval procedures applicable to
                    withdrawals aggregating five thousand acres or more
                    (1) On and after October 21, 1976, a withdrawal
                aggregating five thousand acres or more may be made (or such
                a withdrawal or any other withdrawal involving in the
                aggregate five thousand acres or more which terminates after
                such date of approval may be extended) only

    [[Page 488]]

                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 ineffective 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 the House of
                Representatives, 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, 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) With the notices required by subsection (c)(1) of
                this section and within three months after filing the notice
                under subsection (e) of this section, the Secretary shall
                furnish to the committees--
                                (1) a clear explanation of the proposed use
                            of the land involved which led to the
                            withdrawal;
                                (2) an inventory and evaluation of the
                            current natural resource uses and values of the
                            site and adjacent public and nonpublic land and
                            how it appears they will be affected by the
                            proposed use, including particularly aspects of
                            use that might cause degradation of the
                            environment, and also the economic impact of the
                            change in use on individuals, local communities,
                            and the Nation;
                                (3) an identification of present users of
                            the land involved, and how they will be affected
                            by the proposed use;
                                (4) an analysis of the manner in which
                            existing and potential resource uses are
                            incompatible with or in conflict with the
                            proposed use, together with a statement of the
                            provisions to be made for continuation or
                            termination of existing uses, including an
                            economic analysis of such continuation or
                            termination;
                                (5) an analysis of the manner in which such
                            lands will be used in relation to the specific
                            requirements for the proposed use;

    [[Page 489]]

                                (6) a statement as to whether any suitable
                            alternative sites are available (including cost
                            estimates) for the proposed use or for uses such
                            a withdrawal would displace;
                                (7) a statement of the consultation which
                            has been or will be had with other Federal
                            departments and agencies, with regional, State,
                            and local government bodies, and with other
                            appropriate individuals and groups;
                                (8) a statement indicating the effect of the
                            proposed uses, if any, on State and local
                            government interests and the regional economy;
                                (9) a statement of the expected length of
                            time needed for the withdrawal;
                                (10) the time and place of hearings and of
                            other public involvement concerning such
                            withdrawal;
                                (11) the place where the records on the
                            withdrawal can be examined by interested
                            parties; and
                                (12) a report prepared by a qualified mining
                            engineer, engineering geologist, or geologist
                            which shall include but not be limited to
                            information on: general geology, known mineral
                            deposits, past and present mineral production,
                            mining claims, mineral leases, evaluation of
                            future mineral potential, present and potential
                            market demands.
                (d) Withdrawals aggregating less than five thousand acres;
                    procedure applicable
                    A withdrawal aggregating less than five thousand acres
                may be made under this subsection by the Secretary on his
                own motion or upon request by a department or an agency
                head--
                                (1) for such period of time as he deems
                            desirable for a resource use; or
                                (2) for a period of not more than twenty
                            years for any other use, including but not
                            limited to use for administrative sites,
                            location of facilities, and other proprietary
                            purposes; or
                                (3) for a period of not more than five years
                            to preserve such tract for a specific use then
                            under consideration by the Congress.
                (e) Emergency withdrawals; procedure applicable; duration
                    When the Secretary determines, or when the Committee on
                Natural Resources of the House of Representatives or the
                Committee on Energy and Natural Resources of the Senate
                notifies the Secretary, that an emergency situation exists
                and that extraordinary measures must be taken to preserve
                values that would otherwise be lost, the Secretary
                notwithstanding the provisions of subsections (c)(1) and (d)
                of this section, shall immediately make a withdrawal and
                file notice of such emergency withdrawal with both of those
                Committees. Such emergency withdrawal shall be effective
                when made but shall last only for a period not to exceed
                three years and may not be extended except under the
                provisions of subsection (c)(1) or (d), whichever is
                applicable, and (b)(1) of this section. The information
                required in subsection (c)(2) of this subsection shall be
                furnished the committees within three months after filing
                such notice.
                (f) Review of existing withdrawals and extensions; procedure
                    applicable to extensions; duration
                    All withdrawals and extensions thereof, whether made
                prior to or after October 21, 1976, having a specific period
                shall be reviewed by

    [[Page 490]]

                the Secretary toward the end of the withdrawal period and
                may be extended or further extended only upon compliance
                with the provisions of subsection (c)(1) or (d), whichever
                is applicable, and only if the Secretary determines that the
                purpose for which the withdrawal was first made requires the
                extension, and then only for a period no longer than the
                length of the original withdrawal period. The Secretary
                shall report on such review and extensions to the Committee
                on Natural Resources of the House of Representatives and the
                Committee on Energy and Natural Resources of the Senate.
                (g) Processing and adjudication of existing applications
                    All applications for withdrawal pending on October 21,
                1976 shall be processed and adjudicated to conclusion within
                fifteen years of October 21, 1976, in accordance with the
                provisions of this section. The segregative effect of any
                application not so processed shall terminate on that date.
                (h) Public hearing required for new withdrawals
                    All new withdrawals made by the Secretary under this
                section (except an emergency withdrawal made under
                subsection (e) of this section) shall be promulgated after
                an opportunity for a public hearing.
                (i) Consent for withdrawal of lands under administration of
                    department or agency other than Department of the
                    Interior
                    In the case of lands under the administration of any
                department or agency other than the Department of the
                Interior, the Secretary shall make, modify, and revoke
                withdrawals only with the consent of the head of the
                department or agency concerned, except when the provisions
                of subsection (e) of this section apply.
                (j) Applicability of other Federal laws withdrawing lands as
                    limiting authority
                    The Secretary shall not make, modify, or revoke any
                withdrawal created by Act of Congress; make a withdrawal
                which can be made only by Act of Congress; modify or revoke
                any withdrawal creating national monuments under chapter
                3203 of title 54; or modify, or revoke any withdrawal which
                added lands to the National Wildlife Refuge System prior to
                October 21, 1976, or which thereafter adds lands to that
                System under the terms of this Act. Nothing in this Act is
                intended to modify or change any provision of the Act of
                February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)).
                (k) Authorization of appropriations for processing
                    applications
                    There is hereby authorized to be appropriated the sum of
                $10,000,000 for the purpose of processing withdrawal
                applications pending on the effective date of this Act, to
                be available until expended.
                (l) Review of existing withdrawals in certain States;
                    procedure applicable for determination of future status
                    of lands; authorization of appropriations
                    (1) The Secretary shall, within fifteen years of October
                21, 1976, review withdrawals existing on October 21, 1976,
                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 October 21, 1976, were
                part of

    [[Page 491]]

                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 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 et seq.) or to leasing under the Mineral Leasing
                Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et
                seq.).
                    (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 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, 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.

    [[Page 492]]

                    (3) There are hereby authorized to be appropriated not
                more than $10,000,000 for the purpose of paragraph (1) of
                this subsection to be available until expended to the
                Secretary and to the heads of other departments and agencies
                which will be involved. (Pub. L. 94-579, Title II, Sec. 204,
                Oct. 21, 1976, 90 Stat. 2751; Pub. L. 103-437,
                Sec. 16(d)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 113-
                287, Sec. 5(l)(7), Dec. 19, 2014, 128 Stat. 3271.)
           409  Sec. 1722. Sale of public lands subject to unintentional
                    trespass
                (a) Preference right of contiguous landowners; offering
                    price
                    Notwithstanding the provisions of the Act of September
                26, 1968 (82 Stat. 870; 43 U.S.C. 1431-1435), hereinafter
                called the ``1968 Act'', with respect to applications under
                the 1968 Act which were pending before the Secretary as of
                the effective date of this subsection and which he approves
                for sale under the criteria prescribed by the 1968 Act, he
                shall give the right of first refusal to those having a
                preference right under section 2 of the 1968 Act [43 U.S.C.
                1432]. The Secretary shall offer such lands to such
                preference right holders at their fair market value
                (exclusive of any values added to the land by such holders
                and their predecessors in interest) as determined by the
                Secretary as of September 26, 1973.
                (b) Procedures applicable
                    Within three years after October 21, 1976, the Secretary
                shall notify the filers of applications subject to paragraph
                (a) of this section whether he will offer them the lands
                applied for and at what price; that is, their fair market
                value as of September 26, 1973, excluding any value added to
                the lands by the applicants or their predecessors in
                interest. He will also notify the President of the Senate
                and the Speaker of the House of Representatives of the lands
                which he has determined not to sell pursuant to paragraph
                (a) of this section and the reasons therefor. With respect
                to such lands which the Secretary determined not to sell, he
                shall take no other action to convey those lands or
                interests in them before the end of 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 date the Secretary has submitted such
                notice to the Senate and House of Representatives. If,
                during that ninety-day period, the Congress adopts a
                concurrent resolution stating the length of time such
                suspension of action should continue, he shall continue such
                suspension for the specified time period. 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
                suspension of 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

    [[Page 493]]

                to any other resolution with respect to the same suspension
                of action. When the committee has reprinted, 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. (Pub. L.
                94-579, Title II, Sec. 214, Oct. 21, 1976, 90 Stat. 2760.)

                                        * * * * * * *

                        Chapter 38--CRUDE OIL TRANSPORTATION SYSTEMS

           410  Sec. 2008. Procedures for waiver of Federal law
                (a) Waiver of provisions of Federal law
                    The President may identify those provisions of Federal
                law (including any law or laws regarding the location of a
                crude oil transportation system but not including any
                provision of the antitrust laws) which, in the national
                interest, as determined by the President, should be waived
                in whole or in part to facilitate construction or operation
                of any such system approved under section 2007 of this title
                or of the Long Beach-Midland project, and he shall submit
                any such proposed waiver to both Houses of the Congress. The
                provisions so identified shall be waived with respect to
                actions to be taken to construct or operate such system or
                project only upon enactment of a joint resolution within the
                first period of 60 calendar days of continuous session of
                Congress beginning on the date of receipt by the House of
                Representatives and the Senate of such proposal.
                (b) Joint resolution
                    The resolving clause of the joint resolution referred to
                in subsection (a) is as follows: ``That the House of
                Representatives and Senate approve the waiver of the
                provisions of law ( ) as proposed by the President,
                submitted to the Congress on _____, 19__.''. The first blank
                space therein being filled with the citation to the
                provisions of law proposed to be waived by the President and
                the second blank space therein being filled with the date on
                which the President submits his decision to wave \25\ such
                provisions of law to the House of Representatives and the
                Senate. Rules and procedures for consideration of any such
                joint resolution shall be governed by section 719f(c) and
                (d) of title 15, other than paragraph (2) of section 719f(d)
                of title 15, except that for the purposes of this
                subsection, the phrase ``a waiver of provisions of law''
                shall be substituted in section 719f(d) of title 15 each
                place where the phrase ``an Alaska natural gas
                transportation system'' appears. (Pub. L. 95-617, Title V,
                Sec. 508, Nov. 9, 1978, 92 Stat. 3162.)
                    \25\ So in original. Probably should be ``waive.''
                       48 u.s.c.--territories and insular possessions

                       united states senate procedures enacted in law