[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 336-342]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 336]]
 
                               TITLE 16--CONSERVATION

            
                   Chapter 38--FISHERY CONSERVATION AND MANAGEMENT

       339  Sec. 1823. Congressional oversight of international fishery 
                agreements
            (a) In general
                No governing international fishery agreement, bycatch 
            reduction agreement, or Pacific Insular Area fishery 
            agreement shall become effective with respect to the United 
            States before the close of the first 120 days (excluding any 
            days in a period for which the Congress is adjourned sine 
            die) after the date on which the President transmits to the 
            House of Representatives and to the Senate a document 
            setting forth the text of such governing international 
            fishery agreement, bycatch reduction agreement, or Pacific 
            Insular Area fishery agreement. A copy of the document shall 
            be delivered to each House of Congress on the same day and 
            shall be delivered to the Clerk of the House of 
            Representatives, if the House is not in session, and to the 
            Secretary of the Senate, if the Senate is not in session.
            (b) Referral to committees
                Any document described in subsection (a) shall be 
            immediately referred in the House of Representatives to the 
            Committee on Merchant Marine and Fisheries, and in the 
            Senate to the Committees on Commerce, Science, and 
            Transportation and on Foreign Relations.
            (c) Congressional procedures
                (1) Rules of the House of Representatives and Senate
                            The provisions of this section are enacted 
                        by the Congress--

                                (A) as an exercise of the rulemaking 
                            power of the House of Representatives and 
                            the Senate, respectively, and they are 
                            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 fishery agreement 
                            resolutions described in paragraph (2), and 
                            they supersede other rules only to the 
                            extent that they are inconsistent therewith; 
                            and

                                (B) with full recognition of the 
                            constitutional right of either House to 
                            change the rules (so far as they relate to 
                            the procedure of that House) at any time, 
                            and in the same manner and to the same 
                            extent as in the case of any other rule of 
                            that House.

                (2) ``Fishery agreement resolution'' defined
                            For purposes of this subsection, the term 
                        ``fishery agreement resolution'' refers to a 
                        joint resolution of either House of Congress--

                                (A) the effect of which is to prohibit 
                            the entering into force and effect of any 
                            governing international fishery agreement, 
                            bycatch reduction agreement, or Pacific 
                            Insular Area fishery agreement the text of 
                            which is transmitted to the Congress 
                            pursuant to subsection (a); and

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                                (B) which is reported from the Committee 
                            on Merchant Marine and Fisheries of the 
                            House of Representatives or the Committee on 
                            Commerce, Science, and Transportation or the 
                            Committee on Foreign Relations of the 
                            Senate, not later than 45 days after the 
                            date on which the document described in 
                            subsection (a) relating to that agreement is 
                            transmitted to the Congress.

                (3) Placement on calendar
                            Any fishery agreement resolution upon being 
                        reported shall immediately be placed on the 
                        appropriate calendar.
                (4) Floor consideration in the House
                            (A) A motion in the House of Representatives 
                        to proceed to the consideration of any fishery 
                        agreement resolution shall be highly privileged 
                        and not debatable. An amendment to the motion 
                        shall not be in order, nor shall it be in order 
                        to move to reconsider the vote by which the 
                        motion is agreed to or disagreed to.
                            (B) Debate in the House of Representatives 
                        on any fishery agreement resolution 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 shall not be debatable. It shall 
                        not be in order to move to recommit any fishery 
                        agreement resolution or to move to reconsider 
                        the vote by which any fishery agreement 
                        resolution is agreed to or disagreed to.
                            (C) Motions to postpone, made in the House 
                        of Representatives with respect to the 
                        consideration of any fishery agreement 
                        resolution, and motions to proceed to the 
                        consideration of other business, shall be 
                        decided without debate.
                            (D) All appeals from the decisions of the 
                        Chair relating to the application of the Rules 
                        of the House of Representatives to the procedure 
                        relating to any fishery agreement resolution 
                        shall be decided without debate.
                            (E) Except to the extent specifically 
                        provided in the preceding provisions of this 
                        subsection, consideration of any fishery 
                        agreement resolution shall be governed by the 
                        Rules of the House of Representatives applicable 
                        to other bills and resolutions in similar 
                        circumstances.
                (5) Floor consideration in the Senate
                            (A) A motion in the Senate to proceed to the 
                        consideration of any fishery agreement 
                        resolution shall be privileged and not 
                        debatable. An amendment to the motion shall not 
                        be in order, nor shall it be in order to move to 
                        reconsider the vote by which the motion is 
                        agreed to or disagreed to.
                            (B) Debate in the Senate on any fishery 
                        agreement resolution and on all debatable 
                        motions and appeals in connection therewith 
                        shall be limited to not more than 10 hours. The 
                        time shall be equally divided between, and 
                        controlled by, the majority leader and the 
                        minority leader or their designees.
                            (C) Debate in the Senate on any debatable 
                        motion or appeal in connection with any fishery 
                        agreement resolution shall be limited to not 
                        more than 1 hour, to be equally divided between, 
                        and controlled by, the mover of the motion or 
                        appeal and the manager of the resolution, except 
                        that if the manager of the resolution is in 
                        favor of any such motion or appeal, the time in 
                        opposition thereto

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                        shall be controlled by the minority leader or 
                        his designee. The majority leader and the 
                        minority leader, or either of them, may allot 
                        additional time to any Senator during the 
                        consideration of any debatable motion or appeal, 
                        from time under their control with respect to 
                        the applicable fishery agreement resolution.
                            (D) A motion in the Senate to further limit 
                        debate is not debatable. A motion to recommit 
                        any fishery agreement resolution is not in 
                        order. (Pub. L. 94-265, Title II, Sec. 203, Apr. 
                        13, 1976, 90 Stat. 340; Pub. L. 103-437, 
                        Sec. 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 
                        104-297, Title I, Sec. 105(c), Oct. 11, 1996, 
                        110 Stat. 3564.)
            
               Chapter 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION

       340  Sec. 3166. Agency, Presidential, and Congressional actions
            (a) Agency action in cases other than those involving 
                section 3165 or wilderness areas
                (1) In the case of any application for the approval of 
            any transportation or utility system to which section 3165 
            of this title does not apply or that does not occupy, use, 
            or traverse any area within the National Wilderness 
            Preservation System, if, in compliance with section 3164 of 
            this title--
                            (A) each Federal agency concerned decides to 
                        approve each authorization within its 
                        jurisdiction with respect to that system, then 
                        the system shall be deemed to be approved and 
                        each such agency shall promptly issue, in 
                        accordance with applicable law, such rights-of-
                        way, permits, licenses, leases, certificates, or 
                        other authorizations as are necessary with 
                        respect to the establishment of the system; or
                            (B) one or more Federal agencies decide to 
                        disapprove any authorization within its 
                        jurisdiction with respect, to that system, then 
                        the system shall be deemed to be disapproved and 
                        the applicant for the system may appeal the 
                        disapproval to the President.
                (2) If an applicant appeals under paragraph (1)(B), the 
            President, within four months after receiving the appeal, 
            shall decide whether to approve or deny the application. The 
            President shall approve the application if he finds, after 
            consideration of the factors set forth in section 3164(g)(2) 
            of this title, that such approval would be in the public 
            interest and that (1) such system would be compatible with 
            the purposes for which the unit was established; and (2) 
            there is no economically feasible and prudent alternative 
            route for the system. In making a decision, the President 
            shall consider any environmental impact statement prepared 
            pursuant to section 3164(e) of this title, comments of the 
            public and Federal agencies received during the preparation 
            of such statement, and the findings and recommendations, if 
            any, of each Federal agency that rendered a decision with 
            respect to the application. The President's decision to 
            approve or deny the application shall be published in the 
            Federal Register, together with a statement of the reasons 
            for his determination.
                (3) If the President approves an application under 
            paragraph (2), each Federal agency concerned shall promptly 
            issue, in accordance with applicable law, such rights-of-
            way, permits, licenses, leases, certificates, or

[[Page 339]]

            other authorizations as are necessary with respect to the 
            establishment of the system
                (4) If the President denies an application under 
            paragraph (2), the applicant shall be deemed to have 
            exhausted his administrative remedies and may file suit in 
            any appropriate Federal court to challenge such decision.
            (b) Agency action in cases involving section 3165 or 
                wilderness areas
                (1) In the case of any application for the approval of a 
            transportation or utility system to which section 3165 of 
            this title applies or that proposes to occupy, use, or 
            traverse any area within the National Wilderness 
            Preservation System, each Federal agency concerned shall 
            promptly submit to the President notification whether the 
            agency tentatively approved or disapproved each 
            authorization within its jurisdiction that applies with 
            respect to the system. Such notification shall be 
            accompanied by a statement of the reasons and findings 
            supporting the agency position.
                (2) Within four months after receiving all notification 
            referred to in paragraph (1) and after considering such 
            notifications, any environmental impact statement prepared 
            pursuant to section 3164(e) of this title, and the comments 
            of the public and Federal agencies received during the 
            preparation of such statement, the President shall decide 
            whether or not the application for the system concerned 
            should be approved. If the President denies an application 
            the applicant shall be deemed to have exhausted his 
            administrative remedies, and may file suit in any 
            appropriate Federal court to challenge such decision. If the 
            President approves the application, he shall submit to 
            Congress his recommendation for approval of the 
            transportation or utility system covered, whereupon the 
            Congress shall consider the application as provided in 
            subsection (c). The President shall include with his 
            recommendation to Congress--
                            (A) the application which is the subject of 
                        his recommendation;
                            (B) a report setting forth in detail the 
                        relevant factual background and the reasons for 
                        his findings and recommendation;
                            (C) the joint environmental impact 
                        statement;\8\
                \8\ So in original. Probably should be followed by 
                ``and.''
                            (D) a statement of the conditions and 
                        stipulations which would govern the use of the 
                        system if approved by the Congress.
            (c) Congressional approval
                (1) No application for any transportation or utility 
            system with respect to which the President makes a 
            recommendation for approval under subsection (b) shall be 
            approved unless the Senate and House of Representatives 
            approve a resolution described in paragraph (4) within the 
            first period of one hundred and twenty calendar days of 
            continuous session of the Congress beginning on the date 
            after the date of receipt by the Senate and House of 
            Representatives of such recommendation.
                (2) For purposes of this subsection--
                            (A) continuity of session of the Congress is 
                        broken only by an adjournment sine die; and
                            (B) the days on which either House is not in 
                        session because of an adjournment of more than 
                        three days to a day certain are

[[Page 340]]

                        excluded in the computation of the one-hundred-
                        and-twenty-day calendar period.
                (3) This subsection is enacted by the Congress--
                            (A) as an exercise of the rulemaking power 
                        of each House of the Congress respectively, but 
                        applicable only with respect to the procedure to 
                        be followed in the House in the case of 
                        resolutions described by paragraph (6) of this 
                        subsection; and it supersedes other rules only 
                        to the extent that it is inconsistent therewith; 
                        and
                            (B) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as those relate to the 
                        procedure of that House) at any time, in the 
                        same manner and to the same extent as in the 
                        case of any other rule of such House.
                (4) For the purposes of this subsection, the term 
            ``resolution'' means a joint resolution, the resolving 
            clause of which is as follows: ``That the House of 
            Representatives and Senate approve the application for _____ 
            under title XI of the Alaska National Interest Lands 
            Conservation Act submitted by the President to the Congress 
            on _____, 19__.''; the first blank space therein to be 
            filled in with the appropriate transportation or utility 
            system and the second blank therein to be filled with the 
            date on which the President submits the application to the 
            House of Representatives and the Senate.
                (5) Except as otherwise provided in this subsection, the 
            provisions of section 719f(d) of title 15 shall apply to the 
            consideration of the resolution.
                (6) After an application for a transportation or utility 
            system has been approved under subsection (a), the 
            appropriate Federal agencies shall issue appropriate 
            authorizations in accordance with applicable law. In any 
            case in which an application for a transportation or utility 
            system has been approved pursuant to subsection (b), the 
            appropriate Federal agencies shall issue appropriate 
            authorizations in accordance with title V of the Federal 
            Lands Policy Management Act [43 U.S.C. 1761 et seq.] or 
            other applicable law. After issuance pursuant to this 
            subsection, the appropriate land managing agency shall 
            administer the right-of-way in accordance with relevant 
            management authorities of the land managing agency and title 
            V of the Federal Lands Policy Management Act. (Pub. L. 96-
            487, Title XI, Sec. 1106, Dec. 2, 1980, 94 Stat. 2461.)

                                    * * * * * * *

       341  Sec. 3232. Recommendations of President to Congress
            (a) Recommendation
                At any time after December 2, 1980, the President may 
            transmit a recommendation to the Congress that mineral 
            exploration, development, or extraction not permitted under 
            this Act or other applicable law shall be permitted in a 
            specified area of the lands referred to in section 3231 of 
            this title. Notice of such transmittal shall be published in 
            the Federal Register. No recommendation of the President 
            under this section may be transmitted to the Congress before 
            ninety days after publication in the Federal Register of 
            notice of his intention to submit such recommendation.

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            (b) Findings
                A recommendation may be transmitted to the Congress 
            under subsection (a) if the President finds that, based on 
            the information available to him--
                            (1) there is an urgent national need for the 
                        mineral activity; and
                            (2) such national need outweighs the other 
                        public values of the public lands involved and 
                        the potential adverse environmental impacts 
                        which are likely to result from the activity.
            (c) Report
                Together with his recommendation, the President shall 
            submit to the Congress--
                            (1) a report setting forth in detail the 
                        relevant factual background and the reasons for 
                        his findings and recommendation;
                            (2) a statement of the conditions and 
                        stipulations which would govern the activity if 
                        approved by the Congress; and
                            (3) in any case in which an environmental 
                        impact statement is required under the National 
                        Environmental Policy Act of 1969 [42 U.S.C. 4321 
                        et seq.], a statement which complies with the 
                        requirements of section 102(2)(C) of such Act 
                        [42 U.S.C. 4332(2)(C)]. In the case of any 
                        recommendation for which an environmental impact 
                        statement is not required under section 
                        102(2)(C) of the National environmental Policy 
                        Act of 1969 [42 U.S.C. 4332(2)(C)], the 
                        President may, if he deems it desirable, include 
                        such a statement in his transmittal to the 
                        Congress.
            (d) Approval
                Any recommendation under this section shall take effect 
            only upon enactment of a joint resolution approving such 
            recommendation within the first period of one hundred and 
            twenty calendar days of continuous session of Congress 
            beginning on the date after the date of receipt by the 
            Senate and House of Representatives of such recommendation. 
            Any recommendation of the President submitted to Congress 
            under subsection (a) shall be considered received by both 
            Houses for purposes of this section on the first day on 
            which both are in session occurring after such 
            recommendation is submitted.
            (e) One-hundred-and-twenty-day computation
                For purposes of this section--
                            (1) continuity of session of Congress is 
                        broken only by an adjournment sine die; and
                            (2) the days on which either House is not in 
                        session because of an adjournment of more than 
                        three days to a day certain are excluded in the 
                        computation of the one-hundred-and-twenty-day 
                        calendar period. (Pub. L. 96-487, Title XV, 
                        Sec. 1502, Dec. 2, 1980, 94 Stat. 2549.)
       342  Sec. 3233. Expedited Congressional review
            (a) Rulemaking
                This subsection is enacted by Congress--
                            (1) as an exercise of the rulemaking power 
                        of each House of Congress, 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 the 
                        House in the case of resolutions

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                        described by subsection (b) of this section and 
                        it supersedes other rules only to the extent 
                        that it is inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as those relate to the 
                        procedure of that House) at any time, in the 
                        same manner and to the same extent as in the 
                        case of any other rule of such House.
            (b) Resolution
                For purposes of this section, the term ``resolution'' 
            means a joint resolution, the resolving clause of which is 
            as follows: ``That the House of Representatives and Senate 
            approve the recommendation of the President for _____ in 
            _____ submitted to the Congress on _____, 19__.'', the first 
            blank space therein to be filled in with appropriate 
            activity, the second blank space therein to be filled in 
            with the name or description of the area of land affected by 
            the activity, and the third blank space therein to be filled 
            with the date on which the President submits his 
            recommendation to the House of Representatives and the 
            Senate. Such resolution may also include material relating 
            to the application and effect of the National Environmental 
            Policy Act of 1969 [42 U.S.C. 4321 et seq.] to the 
            recommendation.
            (c) Referral
                A resolution once introduced with respect to such 
            Presidential recommendation shall be referred to one or more 
            committees (and all resolutions with respect to the same 
            Presidential recommendation shall be referred to the same 
            committee or committees) by the President of the Senate or 
            the Speaker of the House of Representatives, as the case may 
            be.
            (d) Other procedures
                Except as otherwise provided in this section the 
            provisions of section 719f(d) of title 15 shall apply to the 
            consideration of the resolution. (Pub. L. 96-487, Title XV, 
            Sec. 1503, Dec. 2, 1980, 94 Stat. 2550.)