§ 3232. — Recommendations of President to Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3232]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VII--NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS
Sec. 3232. Recommendations of President to Congress
(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) of this section 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) of this section 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) 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, Sec. 1502, Dec. 2, 1980, 94 Stat. 2549.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, 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, 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.
