Collapse to view only § 3231. Areas subject to national need recommendation process
- § 3231. Areas subject to national need recommendation process
- § 3232. Recommendations of President to Congress
- Expedited Congressional review
§ 3231. Areas subject to national need recommendation process
The process contained in this subchapter shall apply to all public lands within Alaska except for lands within units of the National Park System and the Arctic National Wildlife Refuge.
(Pub. L. 96–487, title XV, § 1501, Dec. 2, 1980, 94 Stat. 2549.)
§ 3232. Recommendations of President to Congress
(a) Recommendation
(b) Findings
A recommendation may be transmitted to the Congress under subsection (a) if the President finds that, based on the information available to him—
(1) there is an urgent national need for the mineral activity; and
(2) such national need outweighs the other public values of the public lands involved and the potential adverse environmental impacts which are likely to result from the activity.
(c) Report
Together with his recommendation, the President shall submit to the Congress—
(1) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation;
(2) a statement of the conditions and stipulations which would govern the activity if approved by the Congress; and
(3) in any case in which an environmental impact statement is required under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], a statement which complies with the requirements of section 102(2)(C) of such Act [42 U.S.C. 4332(2)(C)]. In the case of any recommendation for which an environmental impact statement is not required under section 102(2)(C) of the National environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], the President may, if he deems it desirable, include such a statement in his transmittal to the Congress.
(d) Approval
(e) One-hundred-and-twenty-day computation
For purposes of this section—
(1) continuity of session of Congress is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one-hundred-and-twenty-day calendar period.
(Pub. L. 96–487, title XV, § 1502, Dec. 2, 1980, 94 Stat. 2549.)
Expedited Congressional review
(a) Rulemaking
This subsection is enacted by Congress—
(1) as an exercise of the rulemaking power of each House of Congress, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by subsection (b) of this section and it supersedes other rules only to the extent that it is inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as those relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.
(b) Resolution
(c) Referral
(d) Other procedures
(Pub. L. 96–487, title XV, § 1503, Dec. 2, 1980, 94 Stat. 2550.)