# National Mining Association v. Zinke **877 F.3d 845 (9th Cir. 2017).** A challenge to the Secretary of the Interior's one-million-acre withdrawal of lands around Grand Canyon National Park from new uranium mining claims. The Ninth Circuit upheld the withdrawal and, in the process, decided the structural question that matters beyond the case. **Holding of structural significance:** the congressional-disapproval provision in § 204(c) of the [[Federal Land Policy and Management Act]] — which purports to let Congress void a withdrawal of 5,000 acres or more by **concurrent resolution** within 90 days — is an **unconstitutional legislative veto**, because a concurrent resolution is not presented to the President. The court applied [[INS v. Chadha]] and held the provision **severable**, leaving the Secretary's withdrawal authority otherwise intact. The practical result is asymmetric: the *notice* to Congress survives and the *veto* does not. Congress is told and cannot act on what it is told, except by passing an ordinary law — which is what the [[Congressional Review Act]] route used against Public Land Order 7917 in April 2026 actually is. FLPMA § 203(g) contains the same concurrent-resolution device for sales above 2,500 acres. It has not been litigated. ## See also - [[Federal Land Management Crosswalk]] - [[Federal Land Policy and Management Act]] - [[INS v. Chadha]] - [[Congressional Review Act]] - [[Bureau of Land Management]]