The language of the provision is absolutely clear on that point. In subsection (c), it is expressly stated that the interim period of legislative exemption ends ``on the date on which the Secretary of the Interior publishes in the Federal Register a notice that'', among other things, ``all legal challenges to the regulations and to the manner of their promulgation (if any) have been exhausted . . . and the regulations have taken effect.'' Any number of circumstances could delay that effective date. As I discussed earlier, subsection (d) does not require the Secretary of the Interior to conclude the rulemaking within 1 year, only to commence it. Securing the concurrence of the Department of Defense as required by subsection (d)(2) could also be time-consuming. Subsection (e) does not require that judicial review be concluded within 120 days, only that it commence. Mr. Speaker, as the gentleman is aware, such litigation can be quite protracted. If the litigation resulted in the invalidation of the rule, then the rulemaking, concurrence, and judicial review process would commence once again, further extending the interim period of statutory exemption.
Editor's note · Context
Discussing the implications of legislative provisions related to the Secretary of the Interior's rulemaking process.
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