[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
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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.
[[Page 341]]
(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
[[Page 342]]
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.)