[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1223-1228]
[From the U.S. Government Printing Office, www.gpo.gov]
21. Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701]
a. land use planning
[43 U.S.C. 1712]
Sec. 202. (a) 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been classified, withdrawn, set aside, or otherwise designated for one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.
* * *
(d) 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 with such land use plans.
(e) 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
[[Page 1224]]
action, then the management
management decision or
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 reported, 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.
Sec. 1130(21B)
b. sales
[43 U.S.C. 1713]
[[Page 1225]]
tion. 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 reported, 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.
Sec. 203. * * * (c) 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
designa
Sec. 1130(21C)
c. withdrawals
[43 U.S.C. 1714]
[[Page 1226]]
tives, 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 reported, 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.
Sec. 204. * * * (c)(1) On and after the dates of approval of this Act
a withdrawal aggregating five thousand acres or more may be made (or
such a withdrawal or any other withdrawal involving the aggregate five
thousand acres or more which terminates after such date of approval may
be extended) only 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 effective 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 to the House of
Representa
Sec. 1130(21D)
d. review of withdrawals
[43 U.S.C. 1714]
[[Page 1227]]
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) or to leasing under the
Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181).
Sec. 204. * * * (l)(1) The Secretary shall, within fifteen years of
October 21, 1976, review withdrawals existing on the date of approval of
this Act, 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 the
date of approval of this Act, were part of 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
[[Page 1228]]
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 reported, 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) 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
Sec. 1130(22)