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43 U.S.C. § 1723 — Temporary revocation authority

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1723 — Temporary revocation authority

**(a) Exchange involved** When the sole impediment to consummation of an exchange of lands or interests therein (hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke, modify, or terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance thereof) of the United States District Court for the District of Columbia dated February 10, 1986, in Civil Action No. 85–2238 (National Wildlife Federation v. Robert E. Burford, et al.), the Secretary of the Interior is hereby authorized, notwithstanding such order (or subsequent modification or continuance thereof), to use the authority contained herein, in lieu of other authority provided in this Act including [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), to revoke, modify, or terminate in whole or in part, withdrawals or classifications to the extent deemed necessary by the Secretary to enable the United States to transfer land or interests therein out of Federal ownership pursuant to an exchange. **(b) Requirements** The authority specified in subsection (a) of this section may be exercised only in cases where— (1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law authorizing such an exchange; (2) the proposed exchange has been prepared in compliance with all laws applicable to such exchange; (3) the head of each Federal agency managing the lands proposed for such transfer has submitted to the Secretary of the Interior a statement of concurrence with the proposed revocation, modification, or termination; (4) at least sixty days have elap

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Stable record: federal_law:legal_authorities:record_usc_27e753e082ae0a94445282d3
Source file: Laws/federal/codes/united-states-code/title-43/section-1723-temporary-revocation-authority--1b256ffaa2.md
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Source location: Title 43, Chapter 35, § 1723; chapter-035-federal-land-policy-and-management.md

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**(a) Exchange involved** When the sole impediment to consummation of an exchange of lands or interests therein (hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke, modify, or terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance thereof) of the United States District Court for the District of Columbia dated February 10, 1986, in Civil Action No. 85–2238 (National Wildlife Federation v. Robert E. Burford, et al.), the Secretary of the Interior is hereby authorized, notwithstanding such order (or subsequent modification or continuance thereof), to use the authority contained herein, in lieu of other authority provided in this Act including [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), to revoke, modify, or terminate in whole or in part, withdrawals or classifications to the extent deemed necessary by the Secretary to enable the United States to transfer land or interests therein out of Federal ownership pursuant to an exchange. **(b) Requirements** The authority specified in subsection (a) of this section may be exercised only in cases where— (1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law authorizing such an exchange; (2) the proposed exchange has been prepared in compliance with all laws applicable to such exchange; (3) the head of each Federal agency managing the lands proposed for such transfer has submitted to the Secretary of the Interior a statement of concurrence with the proposed revocation, modification, or termination; (4) at least sixty days have elapsed since the Secretary of the Interior has published in the Federal Register a notice of the proposed revocation, modification, or termination; and (5) at least sixty days have elapsed since the Secretary of the Interior has transmitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report which includes— (A) a justification for the necessity of exercising such authority in order to complete an exchange; (B) an explanation of the reasons why the continuation of the withdrawal or a classification or portion thereof proposed for revocation, modification, or termination is no longer necessary for the purposes of the statutory or other program or programs for which the withdrawal or classification was made or other relevant programs; (C) assurances that all relevant documents concerning the proposed exchange or purchase for which such authority is proposed to be exercised (including documents related to compliance with the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and all other applicable provisions of law) are available for public inspection in the office of the Secretary concerned located nearest to the lands proposed for transfer out of Federal ownership in furtherance of such exchange and that the relevant portions of such documents are also available in the offices of the Secretary concerned in Washington, District of Columbia; and (D) an explanation of the effect of the revocation, modification, or termination of a withdrawal or classification or portion thereof and the transfer of lands out of Federal ownership pursuant to the particular proposed exchange, on the objectives of the land management plan which is applicable at the time of such transfer to the land to be transferred out of Federal ownership. **(c) Limitations** (1) Nothing in this section shall be construed as affirming or denying any of the allegations made by any party in the civil action specified in subsection (a), or as constituting an expression of congressional opinion with respect to the merits of any allegation, contention, or argument made or issue raised by any party in such action, or as expanding or diminishing the jurisdiction of the United States District Court for the District of Columbia. (2) Except as specifically provided in this section, nothing in this section shall be construed as modifying, terminating, revoking, or otherwise affecting any provision of law applicable to land exchanges, withdrawals, or classifications. (3) The availability or exercise of the authority granted in subsection (a) may not be considered by the Secretary of the Interior in making a determination pursuant to this Act or other applicable law as to whether or not any proposed exchange is in the public interest. **(d) Termination** The authority specified in subsection (a) shall expire either (1) on December 31, 1990, or (2) when the Court order (or subsequent modification or continuation thereof) specified in subsection (a) is no longer in effect, whichever occurs first.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1716 — Exchanges of public lands or interests therein within the National Forest System

**(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture** A tract of public land or interests therein may be disposed of by exchange by the Secretary under this Act and a tract of land or interests therein within the National Forest System may be disposed of by exchange by the Secretary of Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served by making that exchange: Provided, That when considering public interest the Secretary concerned shall give full consideration to better Federal land management and the needs of State and local people, including needs for lands for the economy, community expansion, recreation areas, food, fiber, minerals, and fish and wildlife and the Secretary concerned finds that the values and the objectives which Federal lands or interests to be conveyed may serve if retained in Federal ownership are not more than the values of the non-Federal lands or interests and the public objectives they could serve if acquired. **(b) Implementation requirements; cash equalization waiver** In exercising the exchange authority granted by subsection (a) or by [section 1715(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1715/a&num=0&edition=prelim), the Secretary concerned may accept title to any non-Federal land or interests therein in exchange for such land, or interests therein which he finds proper for transfer out of Federal ownership and which are located in the same State as the non-Federal land or interest to be acquired. For the purposes of this subsection, unsurveyed school sections which, upon survey by the Secretary, would become State lands, shall be considered as “non-Federal lands”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1716

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 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 for a period of

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1714

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 2306 — Special provisions

**(a) In general** Nothing in this chapter provides an exemption from any limitation on the acquisition of land or interest in land under any Federal law in effect on July 25, 2000. **(b) Other law** This chapter shall not apply to land eligible for sale under— (1) Public Law 96–586 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381); (2) the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2343); (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 ([16 U.S.C. 1132](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1132&num=0&edition=prelim) note; Public Law 111–11); (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 ([16 U.S.C. 460www](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460www&num=0&edition=prelim) note, 1132 note; Public Law 111–11); (7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or (8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121). **(c) Exchanges** Nothing in this chapter precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Federal lands, including but not limited to— (1) the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim) et seq.); or (2) the Federal Land Exchange Facilitation Act of 1988

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2306

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1723 — Temporary revocation authority

Page 542 TITLE 43—PUBLIC LANDS § 1723 and House of Representatives. If, during that ninety-day period, the Congress adopts a concur- rent 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 pe- riod, has not reported it at the end of thirty cal- endar 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 ac- tion. 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 mo- tion 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 sus- pension of action. When the committee has re- printed, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a pre- vious motion to the same effect has been dis- agreed to) to move to proceed to the consider- ation 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

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1723

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