Interior Drops Rule Provision Recognizing Congressional Veto on Mining Permissions

The Interior Department has finalized a regulation that would purport to override a provision of the Federal Land Policy & Management Act of 1976 that gives Congress the authority to block mineral extraction activities approved by the agency.

Congress has used that authority, called a "legislative veto," six times in the past 32 years.

Most recently, Congress moved in June to block uranium mining on about one million acres near the Grand Canyon. The Bush administration has ignored Congress' wishes on this issue, moving forward with authorization of such mining anyway.

The rule has moved quickly through the regulatory apparatus. It was proposed in October and the public was allowed only 15 days to submit comments.

Three environmental groups filed a lawsuit against the Department of Interior in September, alleging that Interior Secretary Dirk Kempthorne has unlawfully ignored Congress' mandate on the Grand Canyon mining claims.

The legislative veto in the Grand Canyon case was approved by the House Natural Resources Committee, not by the entire House of Representatives. No resolution from the Senate or any of its committees were adopted.

FLPMA provides that a resolution of disapproval by the relevant committee of either chamber of Congress is enough to block a regulation issued under that statute.