Page:United States Statutes at Large Volume 98 Part 2.djvu/507

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-430—SEPT. 28, 1984

98 STAT. 1667

until the President transmits a recommendation to the Congress that phosphate leasing be permitted in a specified area in the Osceola National Forest. 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. (2) FINDINGS.—A recommendation may be transmitted to the Congress under paragraph (1) if the President finds that, based on the information available to him— (i) there is a clear and present national need for the phosphate resulting from a domestic shortage of phosphate reserves, and (ii) such national need outweighs the overall public values of the public lands involved, including the wilderness area designated in section 1(3) of this Act and any adverse environmental impacts which are likely to result from the activity. (3) REPORT.—Together with his recommendation, the President shall submit to the Congress— (i) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation; (ii) a statement of the conditions and stipulations which would govern the activity; and (iii) in any case in which an environmental impact statement is required under the National Environmental Policy Act of 1969, a statement which complies with the requirements of section 102(2)(C) of such Act. 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, the President may, if he deems it desirable, include such a statement in his transmittal to the Congress. (4) APPROVAL.—Any recommendation under this section shall take effect only upon enactment of a joint resolution of Congress approving such a recommendation.

Federal Register, publication. Prohibition.

President of U.S.

42 USC 4321 note. 42 USC 4332.

Effective date.

WILDERNESS REVIEW CONCERNS

SEC. 6. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); (2) the Congress has made its own review and examination of National Forest System roadless areas in Florida and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Florida, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Florida; (2) with respect to the National Forest System lands in the State of Florida which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands remaining in wilderness study upon enactment of

conservation.

Congress.