# Land Withdrawals; Amendment of Regulations Regarding Emergency Withdrawals
> **US Department of the Interior** · Final rule. · Published 2008-12-05 · Effective 2009-01-05 · 73 FR 74039
## Document
- **Document number:** E8-28742
- **Category:** other
- **Sub-agency:** US Department of the Interior
- **Federal Register citation:** 73 FR 74039
- **CFR reference:** 43 CFR 2300
- **Publication date:** 2008-12-05
- **Effective date:** 2009-01-05
- **Interior docket:** LLWO35000.L14300000.PN0000.24-1A
## Abstract

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.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2008/12/05/E8-28742/land-withdrawals-amendment-of-regulations-regarding-emergency-withdrawals)
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