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 move to recon- sider the vote by which the motion was agreed to or disagreed to. (c) Time for processing of applications and sales Within five years after October 21, 1976, the Secretary shall complete the processing of all applications filed under the 1968 Act and hold sales covering all lands which he has determined to sell thereunder. (Pub. L. 94–579, title II, § 214, Oct. 21, 1976, 90 Stat. 2760.) Editorial Notes REFERENCES IN TEXT Act of September 26, 1968, referred to in subsec. (a), is Pub. L. 90–516, Sept. 26, 1968, 82 Stat. 870, which was classified generally to subchapter VII [§ 1431 et seq.] of chapter 30 of this title, and was omitted from the Code pursuant to section 1435 of this title, which provided that the authority granted by that subchapter was to expire three years from September 26, 1968, with certain exceptions. For complete classification of this Act to the Code prior to omission, see Tables. The effective date of this subsection, referred to in subsec. (a), probably means the date of the enactment of such subsection (a) by Pub. L. 94–579, which was ap- proved Oct. 21, 1976. § 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) deter- mined to be in the public interest, is the inabil- ity of the Secretary of the Interior to revoke, modify, or terminate part or all of a withdrawal or classification because of the order (or subse- quent modification or continuance thereof) of the United States District Court for the District of Columbia dated February 10, 1986, in Civil Ac- tion 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 con- tinuance thereof), to use the authority con- tained herein, in lieu of other authority pro- vided in this Act including section 1714 of this title, to revoke, modify, or terminate in whole or in part, withdrawals or classifications to the extent deemed necessary by the Secretary to en- able the United States to transfer land or inter- ests 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 man- aging 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 rev- ocation, 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 in- cludes— (A) a justification for the necessity of ex- ercising such authority in order to complete an exchange; (B) an explanation of the reasons why the continuation of the withdrawal or a classi- fication or portion thereof proposed for rev- ocation, modification, or termination is no longer necessary for the purposes of the stat- utory 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 pur- chase for which such authority is proposed to be exercised (including documents related to compliance with the National Environ- mental Policy Act of 1969 [42 U.S.C. 4321 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 por- tions of such documents are also available in Page 543 TITLE 43—PUBLIC LANDS § 1731 1 So in original. Probably should be subchapter ‘‘III’’. the offices of the Secretary concerned in Washington, District of Columbia; and (D) an explanation of the effect of the rev- ocation, modification, or termination of a withdrawal or classification or portion thereof and the transfer of lands out of Fed- eral 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 expres- sion of congressional opinion with respect to the merits of any allegation, contention, or argu- ment made or issue raised by any party in such action, or as expanding or diminishing the juris- diction of the United States District Court for the District of Columbia. (2) Except as specifically provided in this sec- tion, nothing in this section shall be construed as modifying, terminating, revoking, or other- wise affecting any provision of law applicable to land exchanges, withdrawals, or classifications. (3) The availability or exercise of the author- ity granted in subsection (a) may not be consid- ered 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 modifica- tion or continuation thereof) specified in sub- section (a) is no longer in effect, whichever oc- curs first. (Pub. L. 94–579, title II, § 215, as added Pub. L. 100–409, § 10, Aug. 20, 1988, 102 Stat. 1092; amended Pub. L. 103–437, § 16(d)(2), Nov. 2, 1994, 108 Stat. 4595.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b)(1), and (c)(3), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(5)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1994—Subsec. (b)(5). Pub. L. 103–437 substituted ‘‘Nat- ural Resources’’ for ‘‘Interior and Insular Affairs’’ be- fore ‘‘of the House’’. Statutory Notes and Related Subsidiaries SAVINGS PROVISION See note set out under section 1716 of this title. SUBCHAPTER III—ADMINISTRATION § 1731. Bureau of Land Management (a) Director; appointment, qualifications, func- tions, and duties The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and sub- stantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his ju- risdiction according to the applicable provisions of this Act and any other applicable law. (b) Statutory transfer of functions, powers and duties relating to administration of laws Subject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on October 21, 1976, were carried out by him through the Bureau of Land Management estab- lished by section 403 of Reorganization Plan Numbered 3 of 1946. The Bureau shall administer such laws according to the provisions thereof ex- isting as of October 21, 1976, as modified by the provisions of this Act or by subsequent law. (c) Associate Director, Assistant Directors, and other employees; appointment and com- pensation In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5 governing appointments in the competitive serv- ice, and shall be paid in accordance with the provisions of chapter 51 and subchapter 3 1 of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Existing regulations relating to administra- tion of laws Nothing in this section shall affect any regula- tion of the Secretary with respect to the admin- istration of laws administered by him through the Bureau on October 21, 1976. (Pub. L. 94–579, title III, § 301, Oct. 21, 1976, 90 Stat. 2762.) Editorial Notes REFERENCES IN TEXT The provision of Reorg. Plan No. 3 of 1946 establishing the Bureau of Land Management, referred to in subsec. (a), is section 403 of such Reorg. Plan. Section 403 of Reorg. Plan No. 3 of 1946, also referred to in subsec. (b), is set out as a note under section 1 of this title. This Act, referred to in subsecs. (a) and (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.