    [United States Senate Manual, 117th Congress]
    [S. Doc. 117-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 342-348]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 342]]

                                   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

    [[Page 343]]

                                    (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

    [[Page 344]]

                            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 345]]

                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;\6\
                    \6\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 346]]

                            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 347]]

                (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 348]]

                            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.)
                          18 u.s.c.--crimes and criminal procedure

                       united states senate procedures enacted in law