US (United States) Code. Title 43. Chapter 6: Withdrawal from settlement location, sale or entry

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION,

SALE, OR ENTRY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-MISC1-

Sec.

141. Repealed.

142. Rights of occupants or claimants of oil- or

gas-bearing lands; exceptions to withdrawals.

143. Repealed.

144. Entries on land withdrawn as valuable for oil or gas

validated.

145. Sale of lands withdrawn.

146. Patents to purchasers of lands withdrawn.

147. Disposition of proceeds of sale of withdrawn lands.

148. Repealed.

149. Exchange of private lands included in Indian

reservation for other lands.

150. Withdrawals of land for Indian reservations

prohibited.

151. Opening of lands restored to entry after withdrawals.

152. Restoration of lands previously withdrawn.

153. Reservation of lands in North Dakota.

154. Vacation of withdrawals under reclamation law; lands

valuable for minerals; reservation of rights, ways,

and easements; rules and regulations.

155. Withdrawal, reservation, or restriction of public

lands for defense purposes; "public lands" defined;

exception.

156. Approval by Congress necessary for withdrawal,

reservation, or restriction of over 5,000 acres for

any Department of Defense project or facility.

157. Application for withdrawal, reservation, or

restriction; specifications.

158. Mineral resources on withdrawn lands; disposition and

exploration.

-End-

-CITE-

43 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 141. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act June 25, 1910, ch. 421, Sec. 1, 36 Stat. 847,

authorized the withdrawal and reservation of lands for water-power

sites and other purposes.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that this section is

repealed effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-EXEC-

EX. ORD. NO. 10355. DELEGATION OF AUTHORITY

Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended

by Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov.

5, 1990, 104 Stat. 1427, 1454, provided:

Section 1. (a) Subject to the provisions of subsections (b), (c),

and (d) of this section, I hereby delegate to the Secretary of the

Interior the authority vested in the President by section 1 of the

act of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the

authority otherwise vested in him to withdraw or reserve lands of

the public domain and other lands owned or controlled by the United

States in the continental United States or Alaska for public

purposes, including the authority to modify or revoke withdrawals

and reservations of such lands heretofore or hereafter made.

(b) All orders issued by the Secretary of the Interior under the

authority of this order shall be designated as public land orders

and shall be submitted to the Division of the Federal Register,

General Services Administration, for filing and for publication in

the Federal Register.

(c) No order affecting land under the administrative jurisdiction

of any executive department or agency of the Government other than

the Department of the Interior shall be issued by the Secretary of

the Interior under the authority of this order without the prior

approval or concurrence, so far as the order affects such land, of

the head of the department or agency concerned, or of such officer

of the department or agency concerned as the head thereof may

designate for such purpose: Provided, that such officer is required

to be appointed by the President by and with the advice and consent

of the Senate.

(d) Any disagreement between two or more executive departments or

agencies with respect to any proposed withdrawal or reservation

shall be referred to the Director of the Bureau of the Budget [now

Office of Management and Budget] for consideration and adjustment.

The Director may, in his discretion, submit the matter to the

President for his determination.

Sec. 2. The Secretary of the Interior is authorized to issue such

rules and regulations, and to prescribe such procedures, as he may

from time to time deem necessary or desirable for the exercise of

the authority delegated to him by this order.

Sec. 3. The Secretary of the Interior is authorized to redelegate

the authority delegated to him by this order to one or more of the

following-designated officers: the Deputy Secretary of the Interior

and the Assistant Secretaries of the Interior.

Sec. 4. This order supersedes Executive Order No. 9337 of April

24, 1943, entitled "Authorizing the Secretary of the Interior to

Withdraw and Reserve Lands of the Public Domain and Other Lands

Owned or Controlled by the United States".

EX. ORD. NO. 12688. TRANSFER AUTHORITY CHOCTAWHATCHEE NATIONAL

FOREST, FLORIDA

Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Pub. L. No.

668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that

excess property under the control of the Department of Defense

within and adjacent to the Choctawhatchee National Forest, Florida,

is transferred to the Department of Agriculture for inclusion in

the National Forest, it is hereby ordered as follows:

The Secretary of Defense is hereby delegated the President's

authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655

(1940), to transfer such property within or adjacent to the

boundaries of Choctawhatchee National Forest, Florida, that is no

longer required for military purposes, to the Secretary of

Agriculture to be restored to national forest status. To the extent

this order delegates the President's authority under Pub. L. No.

668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to the Secretary of

Defense, it supersedes Executive Order No. 10355 [set out above],

which delegates the President's authority to revoke withdrawals and

reservations of public lands to the Secretary of the Interior. The

Secretary of Defense will document the transaction by letter of

transfer between the Departments. The Secretary of Defense, 30 days

prior to taking any action to transfer property pursuant to this

order, shall notify the Secretary of the Interior of the effective

date and time for "opening" of the lands to relevant land laws. The

authority delegated by this order may be further redelegated within

the Department of Defense.

George Bush.

-End-

-CITE-

43 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 142. Rights of occupants or claimants of oil- or gas-bearing

lands; exceptions to withdrawals

-STATUTE-

This section and section 141 (!1) of this title shall not be

construed as a recognition, abridgment, or enlargement of any

asserted rights or claims initiated upon any oil- or gas-bearing

lands after any withdrawal of such lands made prior to June 25,

1910: And provided further, That there shall be excepted from the

force and effect of any withdrawal made under the provisions of

this section and section 141 (!1) of this title all lands which

are, on the date of such withdrawal, embraced in any lawful

homestead or desert-land entry theretofore made, or upon which any

valid settlement has been made and is at said date being maintained

and perfected pursuant to law; but the terms of this proviso shall

not continue to apply to any particular tract of land unless the

entryman or settler shall continue to comply with the law under

which the entry or settlement was made.

-SOURCE-

(June 25, 1910, ch. 421, Sec. 2, 36 Stat. 847; Aug. 24, 1912, ch.

369, 37 Stat. 497; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21,

1976, 90 Stat. 2792.)

-REFTEXT-

REFERENCES IN TEXT

Section 141 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-COD-

CODIFICATION

Act Aug. 24, 1912, substituted "metalliferous minerals" for

"minerals other than coal, oil, gas, and phosphates" in the first

clause of this section, and "June 25, 1910" for "the passage of

this Act" in the second proviso of this section.

In the last proviso of this section, "national forest"

substituted for "forest reserve", in view of act Mar. 4, 1907, ch.

2907, 34 Stat. 1269, providing that forest reserves should be known

as national forests.

The provisions of the last proviso of this section were also

classified to section 471 of Title 16, Conservation.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provisions that all lands

withdrawn under the act of June 25, 1910, be open to exploration,

occupation, and purchase under the mineral laws of the United

States in respect to minerals other than coal, oil, gas, and

phosphates and that no national forest be created or additions

thereto made to those created before Aug. 24, 1912, in Oregon,

Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of

Congress.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 145 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 143. Repealed. Pub. L. 86-533, Sec. 1(14), June 29, 1960, 74

Stat. 248

-MISC1-

Section, act June 25, 1910, ch. 421, Sec. 3, 36 Stat. 848,

required Secretary of the Interior to report withdrawals to

Congress.

-End-

-CITE-

43 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 144. Entries on land withdrawn as valuable for oil or gas

validated

-STATUTE-

Entries existing on February 7, 1925, and allowed prior to April

1, 1924, under the Stock Raising Homestead Act of December 29, 1916

(Thirty-ninth Statutes at Large, page 862) [43 U.S.C. 291 et seq.],

for land withdrawn as valuable for oil or gas, but not otherwise

reserved or withdrawn, are validated, if otherwise regular:

Provided, That at date of entry the land was not within the limits

of the geologic structure of a producing oil or gas field.

-SOURCE-

(Feb. 7, 1925, ch. 147, Sec. 12, 43 Stat. 812.)

-REFTEXT-

REFERENCES IN TEXT

The Stock Raising Homestead Act of December 29, 1916, referred to

in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended,

which was classified generally to subchapter X (Sec. 291 et seq.)

of chapter 7 of this title and was repealed by Pub. L. 94-579,

title VII, Secs. 702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792,

except for sections 9 and 11 which are classified to sections 299

and 301, respectively, of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

291 of this title and Tables.

-End-

-CITE-

43 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 145. Sale of lands withdrawn

-STATUTE-

Whenever in the opinion of the Secretary of the Interior any

lands which have been withdrawn under the provisions of sections

141 (!1) and 142 of this title for the purpose of exploratory

drilling to discover water supplies for irrigation or other

purposes, and which have had wells or other permanent improvements

placed thereon by and at the expense of the United States are no

longer needed for the purpose for which they were withdrawn and

improved, the Secretary of the Interior may appraise the lands,

together with the improvements thereon, and thereafter sell the

same to a citizen of the United States for not less than the

appraised value at public auction to the highest bidder, after

giving public notice of the time and place of sale by posting upon

the land and publication for not less than thirty days in a

newspaper of general circulation in the vicinity of the land.

-SOURCE-

(Jan. 26, 1921, ch. 27, Sec. 1, 41 Stat. 1089.)

-REFTEXT-

REFERENCES IN TEXT

Section 141 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 146 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 146. Patents to purchasers of lands withdrawn

-STATUTE-

Upon payment of the purchase price the Secretary of the Interior

is authorized by appropriate patent to convey all the right, title,

and interest in and to said lands to the purchaser at said sale,

subject, however, to such reservations, limitations, or conditions

as said Secretary may deem proper: Provided, That not over one

hundred and sixty acres shall be sold to any one person: Provided

further, That any patent issued hereunder shall contain a

reservation to the United States of all oil, gas, coal, and other

mineral.

-SOURCE-

(Jan. 26, 1921, ch. 27, Sec. 2, 41 Stat. 1089.)

-End-

-CITE-

43 USC Sec. 147 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 147. Disposition of proceeds of sale of withdrawn lands

-STATUTE-

The moneys derived from the sale of such lands and improvements

shall be disposed of as are other receipts from the sale and

disposal of public lands.

-SOURCE-

(Jan. 26, 1921, ch. 27, Sec. 3, 41 Stat. 1090.)

-End-

-CITE-

43 USC Sec. 148 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 148. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, acts June 25, 1910, ch. 431, Sec. 13, 36 Stat. 858; June

29, 1960, Pub. L. 86-533, Sec. 1(13), 74 Stat. 248, authorized

withdrawal of lands in Indian reservations for power or reservation

sites.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Sec. 149 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 149. Exchange of private lands included in Indian reservation

for other lands

-STATUTE-

Any private land over which an Indian reservation has been

extended by Executive order, may be exchanged at the discretion of

the Secretary of the Interior and at the expense of the owner

thereof and under such rules and regulations as may be prescribed

by the Secretary of the Interior, for vacant, nonmineral,

nontimbered, surveyed public lands of equal area and value and

situated in the same State or Territory.

-SOURCE-

(Apr. 21, 1904, ch. 1402, Sec. 1, 33 Stat. 211.)

-End-

-CITE-

43 USC Sec. 150 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 150. Withdrawals of land for Indian reservations prohibited

-STATUTE-

No public lands of the United States shall be withdrawn by

Executive Order, proclamation, or otherwise, for or as an Indian

reservation except by act of Congress.

-SOURCE-

(June 30, 1919, ch. 4, Sec. 27, 41 Stat. 34.)

-End-

-CITE-

43 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 151. Opening of lands restored to entry after withdrawals

-STATUTE-

When public lands are excluded from national forests or released

from withdrawals the President may, whenever in his judgment it is

proper or necessary, provide for the opening of the lands by

settlement in advance of entry, by drawing, or by such other method

as he may deem advisable in the interest of equal opportunity and

good administration, and in doing so may provide that lands so

opened shall be subject only to homestead entry by actual settlers

only or to entry under the desert-land laws for a period not

exceeding ninety days, the unentered lands to be thereafter subject

to disposition under the public-land laws applicable thereto.

-SOURCE-

(Sept. 30, 1913, ch. 15, Sec. 1, 38 Stat. 113.)

-REFTEXT-

REFERENCES IN TEXT

The desert-land laws, referred to in text, are classified

generally to chapter 9 (Sec. 321 et seq.) of this title.

The public-land laws, referred to in text, are classified

generally to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

-End-

-CITE-

43 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 152. Restoration of lands previously withdrawn

-STATUTE-

Where under the law the Secretary of the Interior is authorized

or directed to make restoration of lands previously withdrawn he

may also restrict the restoration as prescribed in section 151 of

this title.

-SOURCE-

(Sept. 30, 1913, ch. 15, Sec. 2, 38 Stat. 114.)

-End-

-CITE-

43 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 153. Reservation of lands in North Dakota

-STATUTE-

Upon receipt of a proper deed from the State of North Dakota,

executed under authority of the act of its legislative assembly,

approved February 5, 1915, reconveying to the United States title

to section 16, township 138 north, range 81 west, fifth principal

meridian, the Secretary of the Interior is authorized to issue

patents to said State for such vacant, surveyed, unreserved,

unoccupied, nonmineral public lands as may be selected by said

State within its boundaries, not exceeding one thousand two hundred

and eighty acres in aggregate area, and said section when so

reconveyed shall not be subject to settlement, location, entry, or

selection under the public land laws, but shall be reserved for the

use of the Department of Agriculture in carrying on experiments in

dry-land agriculture at the Northern Great Plains Field Station,

Mandan, North Dakota.

-SOURCE-

(July 3, 1916, ch. 219, 39 Stat. 344.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to this title.

-End-

-CITE-

43 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 154. Vacation of withdrawals under reclamation law; lands

valuable for minerals; reservation of rights, ways, and

easements; rules and regulations

-STATUTE-

Where public lands of the United States have been withdrawn for

possible use for construction purposes under the Federal

reclamation laws, and are known or believed to be valuable for

minerals and would, if not so withdrawn, be subject to location and

patent under the general mining laws, the Secretary of the

Interior, when in his opinion the rights of the United States will

not be prejudiced thereby, may, in his discretion, open the land to

location, entry, and patent under the general mining laws,

reserving such ways, rights, and easements over or to such lands as

may be prescribed by him and as may be deemed necessary or

appropriate, including the right to take and remove from such lands

construction materials for use in the construction of irrigation

works, and/or the said Secretary may require the execution of a

contract by the intending locator or entryman as a condition

precedent to the vesting of any rights in him, when in the opinion

of the Secretary same may be necessary for the protection of the

irrigation interests. Such reservations or contract rights may be

in favor of the United States or irrigation concerns cooperating or

contracting with the United States and operating in the vicinity of

such lands. The Secretary may prescribe the form of such contract

which shall be executed and acknowledged and recorded in the county

records and United States local land office by any locator or

entryman of such land before any rights in their favor attach

thereto, and the locator or entryman executing such contract shall

undertake such indemnifying covenants and shall grant such rights

over such lands as in the opinion of the Secretary may be necessary

for the protection of Federal or private irrigation in the

vicinity. Notice of such reservation or of the necessity of

executing such prescribed contract shall be filed in the Bureau of

Land Management and in the appropriate local land office, and

notations thereof shall be made upon the appropriate tract books,

and any location or entry thereafter made upon or for such lands,

and any patent therefor shall be subject to the terms of such

contract and/or to such reserved ways, rights, or easements and

such entry or patent shall contain a reference thereto.

The Secretary of the Interior may prescribe such rules and

regulations as may be necessary to enable him to enforce the

provisions of this section.

-SOURCE-

(Apr. 23, 1932, ch. 134, Secs. 1, 2, 47 Stat. 136, 137; 1946 Reorg.

Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.

1100.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, are classified

generally to chapter 12 (Sec. 371 et seq.) of this title.

The general mining laws, referred to in text, are classified

generally to Title 30, Mineral Lands and Mining.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Bureau of Land Management" substituted for "General Land Office"

on authority of section 403 of Reorg. Plan No. 3 of 1946. See note

set out under section 1 of this title.

-End-

-CITE-

43 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 155. Withdrawal, reservation, or restriction of public lands

for defense purposes; "public lands" defined; exception

-STATUTE-

Notwithstanding any other provisions of law, except in time of

war or national emergency hereafter declared by the President or

the Congress, on and after February 28, 1958 the provisions hereof

shall apply to the withdrawal and reservation for, restriction of,

and utilization by, the Department of Defense for defense purposes

of the public lands of the United States, including public lands in

the Territories of Alaska and Hawaii: Provided, That -

(1) for the purposes of this Act, the term "public lands" shall

be deemed to include, without limiting the meaning thereof,

Federal lands and waters of the Outer Continental Shelf, as

defined in section 1331 of this title, and Federal lands and

waters off the coast of the Territories of Alaska and Hawaii;

(2) nothing in this Act shall be deemed to be applicable to the

withdrawal or reservation of public lands specifically as naval

petroleum, naval oil shale, or naval coal reserves;

(3) nothing in this Act shall be deemed to be applicable to the

warning areas over the Federal lands and waters of the Outer

Continental Shelf and Federal lands and waters off the coast of

the Territory of Alaska reserved for use of the military

departments prior to August 7, 1953, and

(4) nothing in this section, section 156, or section 157 of

this title shall be deemed to be applicable either to those

reservations or withdrawals which expired due to the ending of

the unlimited national emergency of May 27, 1941, and which

subsequent to such expiration have been and are now used by the

military departments with the concurrence of the Department of

the Interior, or to the withdrawal of public domain lands of the

Marine Corps Training Center, Twentynine Palms, California, and

the naval gunnery ranges in the State of Nevada designated as

Basic Black Rock and Basic Sahwave Mountain.

-SOURCE-

(Pub. L. 85-337, Sec. 1, Feb. 28, 1958, 72 Stat. 27.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in pars. (1), (2), and (3), is Pub. L.

85-337, Feb. 28, 1958, 72 Stat. 27, which enacted sections 155 to

158 of this title and section 2671 of Title 10, Armed Forces, and

amended section 472 of former Title 40, Public Buildings, Property,

and Works. For complete classification of this Act to the Code, see

Tables.

-MISC1-

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-End-

-CITE-

43 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 156. Approval by Congress necessary for withdrawal,

reservation, or restriction of over 5,000 acres for any

Department of Defense project or facility

-STATUTE-

No public land, water, or land and water area shall, except by

Act of Congress, on and after February 28, 1958 be (1) withdrawn

from settlement, location, sale, or entry for the use of the

Department of Defense for defense purposes; (2) reserved for such

use; or (3) restricted from operation of the mineral leasing

provisions of the Outer Continental Shelf Lands Act [43 U.S.C. 1331

et seq.], if such withdrawal, reservation, or restriction would

result in the withdrawal, reservation, or restriction of more than

five thousand acres in the aggregate for any one defense project or

facility of the Department of Defense since February 28, 1958, or

since the last previous Act of Congress which withdrew, reserved,

or restricted public land, water, or land and water area for that

project or facility, whichever is later.

-SOURCE-

(Pub. L. 85-337, Sec. 2, Feb. 28, 1958, 72 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in text, is

act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is

classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1331 of

this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 157 of this title.

-End-

-CITE-

43 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 157. Application for withdrawal, reservation, or restriction;

specifications

-STATUTE-

Any application filed on and after February 28, 1958 for a

withdrawal, reservation, or restriction, the approval of which

will, under section 156 of this title, require an Act of Congress,

shall specify -

(1) the name of the requesting agency and intended using

agency;

(2) location of the area involved, to include a detailed

description of the exterior boundaries and excepted areas, if

any, within such proposed withdrawal, reservation, or

restriction;

(3) gross land and water acreage within the exterior boundaries

of the requested withdrawal, reservation, or restriction, and net

public land, water, or public land and water acreage covered by

the application;

(4) the purpose or purposes for which the area is proposed to

be withdrawn, reserved, or restricted, or if the purpose or

purposes are classified for national security reasons, a

statement to that effect;

(5) whether the proposed use will result in contamination of

any or all of the requested withdrawal, reservation, or

restriction area, and if so, whether such contamination will be

permanent or temporary;

(6) the period during which the proposed withdrawal,

reservation, or restriction will continue in effect;

(7) whether, and if so to what extent, the proposed use will

affect continuing full operation of the public land laws and

Federal regulations relating to conservation, utilization, and

development of mineral resources, timber and other material

resources, grazing resources, fish and wildlife resources, water

resources, and scenic, wilderness, and recreation and other

values; and

(8) if effecting the purpose for which the area is proposed to

be withdrawn, reserved, or restricted, will involve the use of

water in any State, whether, subject to existing rights under

law, the intended using agency has acquired, or proposes to

acquire, rights to the use thereof in conformity with State laws

and procedures relating to the control, appropriation, use, and

distribution of water.

-SOURCE-

(Pub. L. 85-337, Sec. 3, Feb. 28, 1958, 72 Stat. 28.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 155 of this title.

-End-

-CITE-

43 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-

Sec. 158. Mineral resources on withdrawn lands; disposition and

exploration

-STATUTE-

All withdrawals or reservations of public lands for the use of

any agency of the Department of Defense, except lands withdrawn or

reserved specifically as naval petroleum, naval oil shale, or naval

coal reserves, heretofore or hereafter made by the United States,

shall be deemed to be subject to the condition that all minerals,

including oil and gas, in the lands so withdrawn or reserved are

under the jurisdiction of the Secretary of the Interior and there

shall be no disposition of, or exploration for, any minerals in

such lands except under the applicable public land mining and

mineral leasing laws: Provided, That no disposition of, or

exploration for, any minerals in such lands shall be made where the

Secretary of Defense, after consultation with the Secretary of the

Interior, determines that such disposition or exploration is

inconsistent with the military use of the lands so withdrawn or

reserved.

-SOURCE-

(Pub. L. 85-337, Sec. 6, Feb. 28, 1958, 72 Stat. 30.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws, referred to in

text, are classified generally to Title 30, Mineral Lands and

Mining.

-End-