Constitutional Issues with 204(e) of the Federal Land Policy and Management Act of 1976, as Amended

Author / Creator

Library of Congress. Congressional Research Service

Available as

Online

Summary

Provides constitutional analysis of Section 204(e) of the Federal Land Policy and Management Act of 1976, which provides the House Committee on Natural Resources and the Senate Committee on Energy ...

Provides constitutional analysis of Section 204(e) of the Federal Land Policy and Management Act of 1976, which provides the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources with authority to declare emergency, to mandate the Department of Interior to make a withdrawal of Federal land. Considers Supreme Court decision in INS v. Chadha and other lower court case law, regarding Congressional power over the executive branch. Concludes that an individual Congressional Committee resolution cannot, as a matter of law, require the Secretary to withdraw the land.

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