[United States Senate Manual, 117th Congress]
[S. Doc. 117-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 488-500]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 488]]
 
                               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 489]]

                (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 490]]

            (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 491]]

            (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 492]]

                        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 493]]

            (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

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            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 495]]

            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 496]]

                            (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 497]]

            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 498]]

            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 499]]

                (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 500]]

            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\7\ 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.)
                \7\So in original. Probably should be ``waive.''
                   48 u.s.c.--territories and insular possessions

                   united states senate procedures enacted in law