federal-energy-regulatory-commission

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TitleActionFR DocPublishedAgencyAgency NameExcerptsAbstractHTMLPDF
TitleActionFR DocPublishedAgencyAgency NameExcerptsAbstractHTMLPDF
Land Withdrawals; Amendment of Regulations Regarding Emergency WithdrawalsRuleE8-2874212/05/2008DEPARTMENT OF THE INTERIORInterior DepartmentThis final rule amends the Bureau of Land Management's (BLM) emergency withdrawal regulation to remove language that directs the Secretary of the Interior (Secretary) to immediately make an emergency withdrawal upon notific … This final rule amends the Bureau of Land Management's (BLM) emergency withdrawal regulation to remove language that directs the Secretary of the Interior (Secretary) to immediately make an emergency withdrawal upon notification by one of two congressional committees. Constitutional questions have arisen when this regulation and corresponding provisions in Section 204(e) of the Federal Land Policy and Management Act (FLPMA) have been used by a congressional committee to direct Secretarial action. A district court, however, found it unnecessary to rule on the constitutionality of the committee-directed provision in Section 204(e) of FLPMA because the Secretary had bound himself through regulations regarding special action on emergency withdrawal. This final rule removes from regulations only the provision that has been the subject of past constitutional questions.https://www.federalregister.gov/documents/2008/12/05/E8-28742/land-withdrawals-amendment-of-regulations-regarding-emergency-withdrawalsFR-Doc-E8-28742
Land Withdrawals; Removal of Regulations Covering Emergency WithdrawalsProposed RuleE8-2382310/10/2008DEPARTMENT OF THE INTERIORInterior DepartmentThis proposed rule would remove regulations that provide for emergency withdrawals. These regulations are redundant, since public lands can be protected without substantial delay via conventional withdrawal procedures, without recourse … This proposed rule would remove regulations that provide for emergency withdrawals. These regulations are redundant, since public lands can be protected without substantial delay via conventional withdrawal procedures, without recourse to the regulations providing for emergency withdrawals. Moreover, constitutional issues may arise whenever a Congressional committee directs the Secretary of the Interior (Secretary) to withdraw lands immediately.https://www.federalregister.gov/documents/2008/10/10/E8-23823/land-withdrawals-removal-of-regulations-covering-emergency-withdrawalsFR-Doc-E8-23823
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