§ 1723. — Temporary revocation authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1723]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 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, 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 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) of this section, 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) of this section 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) of this section shall
expire either (1) on December 31, 1990, or (2) when the Court order (or
subsequent modification or continuation thereof) specified in subsection
(a) of this section is no longer in effect, whichever occurs first.
(Pub. L. 94-579, title II, Sec. 215, as added Pub. L. 100-409, Sec. 10,
Aug. 20, 1988, 102 Stat. 1092; amended Pub. L. 103-437, Sec. 16(d)(2),
Nov. 2, 1994, 108 Stat. 4595.)
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, as amended, 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, referred to in
subsec. (b)(5)(C), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 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 ``Natural
Resources'' for ``Interior and Insular Affairs'' before ``of the
House''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Savings Provision
See note set out under section 1716 of this title.
