16 U.S.C. § 3232: Recommendations of President…

Summary

The President may ask Congress to allow mineral exploration, development, or extraction in a named area of certain public lands after December 2, 1980. Before sending that request, the President must publish a notice in the Federal Register and wait 90 days. The President must find, from the information he has, that there is an urgent national need and that this need is more important than the public value of the land and the likely environmental harm. With the request the President must send a detailed report explaining the facts and reasons, the conditions that would apply if approved, and, when required by the National Environmental Policy Act, an environmental impact statement that meets section 102(2)(C) of that Act (he may include one even if not required). The request only takes effect if Congress enacts a joint resolution approving it within the first 120 continuous calendar days of session after both Houses have received it. A continuous session is broken only by an adjournment sine die, and days when either House is out of session because of an adjournment of more than three days to a day certain are not counted in the 120 days.

Title 16, §3232

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(a)Recommendation

At any time after December 2, 1980, the President may transmit a recommendation to the Congress that mineral exploration, development, or extraction not permitted under this Act or other applicable law shall be permitted in a specified area of the lands referred to in section 3231 of this title. Notice of such transmittal shall be published in the Federal Register. No recommendation of the President under this section may be transmitted to the Congress before ninety days after publication in the Federal Register of notice of his intention to submit such 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

Any recommendation under this section shall take effect only upon enactment of a joint resolution approving such recommendation within the first period of one hundred and twenty calendar days of continuous session of Congress beginning on the date after the date of receipt by the Senate and House of Representatives of such recommendation. Any recommendation of the President submitted to Congress under subsection (a) shall be considered received by both Houses for purposes of this section on the first day on which both are in session occurring after such recommendation is submitted.

(e)One-hundred-and-twenty-day computation

For purposes of this section

(1)

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of this title and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (c)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 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.

§3232 Recommendations of President to Congress

Summary

Title 16, §3232

Notes & Related Subsidiaries

Editorial Notes

References in Text

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