[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