
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
