§ 1714. — Withdrawals of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1714]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 1714. Withdrawals of lands
(a) Authorization and limitation; delegation of authority
On and after the effective date of this Act the Secretary is
authorized to make, modify, extend, or revoke withdrawals but only in
accordance with the provisions and limitations of this section. The
Secretary may delegate this withdrawal authority only to individuals in
the Office of the Secretary who have been appointed by the President, by
and with the advice and consent of the Senate.
(b) Application and procedures applicable subsequent to submission of
application
(1) Within thirty days of receipt of an application for withdrawal,
and whenever he proposes a withdrawal on his own motion, the Secretary
shall publish a notice in the Federal Register stating that the
application has been submitted for filing or the proposal has been made
and the extent to which the land is to be segregated while the
application is being considered by the Secretary. Upon publication of
such notice the land shall be segregated from the operation of the
public land laws to the extent specified in the notice. The segregative
effect of the application shall terminate upon (a) rejection of the
application by the Secretary, (b) withdrawal of lands by the Secretary,
or (c) the expiration of two years from the date of the notice.
(2) The publication provisions of this subsection are not applicable
to withdrawals under subsection (e) hereof.
(c) Congressional approval procedures applicable to withdrawals
aggregating five thousand acres or more
(1) On and after October 21, 1976, a withdrawal aggregating five
thousand acres or more may be made (or such a withdrawal or any other
withdrawal involving in the aggregate five thousand acres or more which
terminates after such date of approval may be extended) only for a
period of not more than twenty years by the Secretary on his own motion
or upon request by a department or agency head. The Secretary shall
notify both Houses of Congress of such a withdrawal no later than its
effective date and the withdrawal shall terminate and become ineffective
at the end of ninety days (not counting days on which the Senate or the
House of Representatives has adjourned for more than three consecutive
days) beginning on the day notice of such withdrawal has been submitted
to the Senate and the House of Representatives, if the Congress has
adopted a concurrent resolution stating that such House does not approve
the withdrawal. If the committee to which a resolution has been referred
during the said ninety day period, has not reported it at the end of
thirty calendar days after its referral, it shall be in order to either
discharge the committee from further consideration of such resolution or
to discharge the committee from consideration of any other resolution
with respect to the Presidential recommendation. A motion to discharge
may be made only by an individual favoring the resolution, shall be
highly privileged (except that it may not be made after the committee
has reported such a resolution), and debate thereon shall be limited to
not more than one hour, to be divided equally between those favoring and
those opposing the resolution. An amendment to the motion shall not be
in order, and it shall not be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to. If the motion to
discharge is agreed to or disagreed to, the motion may not be made with
respect to any other resolution with respect to the same Presidential
recommendation. When the committee has reprinted, or has been discharged
from further consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion to the same effect
has been disagreed to) to move to proceed to the consideration of the
resolution. The motion shall be highly privileged and shall not be
debatable. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the motion
was agreed to or disagreed to.
(2) With the notices required by subsection (c)(1) of this section
and within three months after filing the notice under subsection (e) of
this section, the Secretary shall furnish to the committees--
(1) a clear explanation of the proposed use of the land involved
which led to the withdrawal;
(2) an inventory and evaluation of the current natural resource
uses and values of the site and adjacent public and nonpublic land
and how it appears they will be affected by the proposed use,
including particularly aspects of use that might cause degradation
of the environment, and also the economic impact of the change in
use on individuals, local communities, and the Nation;
(3) an identification of present users of the land involved, and
how they will be affected by the proposed use;
(4) an analysis of the manner in which existing and potential
resource uses are incompatible with or in conflict with the proposed
use, together with a statement of the provisions to be made for
continuation or termination of existing uses, including an economic
analysis of such continuation or termination;
(5) an analysis of the manner in which such lands will be used
in relation to the specific requirements for the proposed use;
(6) a statement as to whether any suitable alternative sites are
available (including cost estimates) for the proposed use or for
uses such a withdrawal would displace;
(7) a statement of the consultation which has been or will be
had with other Federal departments and agencies, with regional,
State, and local government bodies, and with other appropriate
individuals and groups;
(8) a statement indicating the effect of the proposed uses, if
any, on State and local government interests and the regional
economy;
(9) a statement of the expected length of time needed for the
withdrawal;
(10) the time and place of hearings and of other public
involvement concerning such withdrawal;
(11) the place where the records on the withdrawal can be
examined by interested parties; and
(12) a report prepared by a qualified mining engineer,
engineering geologist, or geologist which shall include but not be
limited to information on: general geology, known mineral deposits,
past and present mineral production, mining claims, mineral leases,
evaluation of future mineral potential, present and potential market
demands.
(d) Withdrawals aggregating less than five thousand acres; procedure
applicable
A withdrawal aggregating less than five thousand acres may be made
under this subsection by the Secretary on his own motion or upon request
by a department or an agency head--
(1) for such period of time as he deems desirable for a resource
use; or
(2) for a period of not more than twenty years for any other
use, including but not limited to use for administrative sites,
location of facilities, and other proprietary purposes; or
(3) for a period of not more than five years to preserve such
tract for a specific use then under consideration by the Congress.
(e) Emergency withdrawals; procedure applicable; duration
When the Secretary determines, or when the Committee on Natural
Resources of the House of Representatives or the Committee on Energy and
Natural Resources of the Senate notifies the Secretary, that an
emergency situation exists and that extraordinary measures must be taken
to preserve values that would otherwise be lost, the Secretary
notwithstanding the provisions of subsections (c)(1) and (d) of this
section, shall immediately make a withdrawal and file notice of such
emergency withdrawal with both of those Committees. Such emergency
withdrawal shall be effective when made but shall last only for a period
not to exceed three years and may not be extended except under the
provisions of subsection (c)(1) or (d), whichever is applicable, and
(b)(1) of this section. The information required in subsection (c)(2) of
this subsection shall be furnished the committees within three months
after filing such notice.
(f) Review of existing withdrawals and extensions; procedure applicable
to extensions; duration
All withdrawals and extensions thereof, whether made prior to or
after October 21, 1976, having a specific period shall be reviewed by
the Secretary toward the end of the withdrawal period and may be
extended or further extended only upon compliance with the provisions of
subsection (c)(1) or (d) of this section, whichever is applicable, and
only if the Secretary determines that the purpose for which the
withdrawal was first made requires the extension, and then only for a
period no longer than the length of the original withdrawal period. The
Secretary shall report on such review and extensions to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(g) Processing and adjudication of existing applications
All applications for withdrawal pending on October 21, 1976 shall be
processed and adjudicated to conclusion within fifteen years of October
21, 1976, in accordance with the provisions of this section. The
segregative effect of any application not so processed shall terminate
on that date.
(h) Public hearing required for new withdrawals
All new withdrawals made by the Secretary under this section (except
an emergency withdrawal made under subsection (e) of this section) shall
be promulgated after an opportunity for a public hearing.
(i) Consent for withdrawal of lands under administration of department
or agency other than Department of the Interior
In the case of lands under the administration of any department or
agency other than the Department of the Interior, the Secretary shall
make, modify, and revoke withdrawals only with the consent of the head
of the department or agency concerned, except when the provisions of
subsection (e) of this section apply.
(j) Applicability of other Federal laws withdrawing lands as limiting
authority
The Secretary shall not make, modify, or revoke any withdrawal
created by Act of Congress; make a withdrawal which can be made only by
Act of Congress; modify or revoke any withdrawal creating national
monuments under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431-
433); or modify, or revoke any withdrawal which added lands to the
National Wildlife Refuge System prior to October 21, 1976, or which
thereafter adds lands to that System under the terms of this Act.
Nothing in this Act is intended to modify or change any provision of the
Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)).
(k) Authorization of appropriations for processing applications
There is hereby authorized to be appropriated the sum of $10,000,000
for the purpose of processing withdrawal applications pending on the
effective date of this Act, to be available until expended.
(l) Review of existing withdrawals in certain States; procedure
applicable for determination of future status of lands;
authorization of appropriations
(1) The Secretary shall, within fifteen years of October 21, 1976,
review withdrawals existing on October 21, 1976, in the States of
Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, Washington, and Wyoming of (1) all Federal lands other
than withdrawals of the public lands administered by the Bureau of Land
Management and of lands which, on October 21, 1976, were part of Indian
reservations and other Indian holdings, the National Forest System, the
National Park System, the National Wildlife Refuge System, other lands
administered by the Fish and Wildlife Service or the Secretary through
the Fish and Wildlife Service, the National Wild and Scenic Rivers
System, and the National System of Trails; and (2) all public lands
administered by the Bureau of Land Management and of lands in the
National Forest System (except those in wilderness areas, and those
areas formally identified as primitive or natural areas or designated as
national recreation areas) which closed the lands to appropriation under
the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et seq.)
or to leasing under the Mineral Leasing Act of 1920 (41 Stat. 437, as
amended; 30 U.S.C. 181 et seq.).
(2) In the review required by paragraph (1) of this subsection, the
Secretary shall determine whether, and for how long, the continuation of
the existing withdrawal of the lands would be, in his judgment,
consistent with the statutory objectives of the programs for which the
lands were dedicated and of the other relevant programs. The Secretary
shall report his recommendations to the President, together with
statements of concurrence or nonconcurrence submitted by the heads of
the departments or agencies which administer the lands. The President
shall transmit this report to the President of the Senate and the
Speaker of the House of Representatives, together with his
recommendations for action by the Secretary, or for legislation. The
Secretary may act to terminate withdrawals other than those made by Act
of the Congress in accordance with the recommendations of the President
unless before the end of ninety days (not counting days on which the
Senate and the House of Representatives has adjourned for more than
three consecutive days) beginning on the day the report of the President
has been submitted to the Senate and the House of Representatives the
Congress has adopted a concurrent resolution indicating otherwise. If
the committee to which a resolution has been referred during the said
ninety day period, has not reported it at the end of thirty calendar
days after its referral, it shall be in order to either discharge the
committee from further consideration of such resolution or to discharge
the committee from consideration of any other resolution with respect to
the Presidential recommendation. A motion to discharge may be made only
by an individual favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has reported such a
resolution), and debate thereon shall be limited to not more than one
hour, to be divided equally between those favoring and those opposing
the resolution. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the motion
was agreed to or disagreed to. If the motion to discharge is agreed to
or disagreed to, the motion may not be made with respect to any other
resolution with respect to the same Presidential recommendation. When
the committee has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time thereafter be in
order (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the resolution.
The motion shall be highly privileged and shall not be debatable. An
amendment to the motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the motion was agreed to
or disagreed to.
(3) There are hereby authorized to be appropriated not more than
$10,000,000 for the purpose of paragraph (1) of this subsection to be
available until expended to the Secretary and to the heads of other
departments and agencies which will be involved.
(Pub. L. 94-579, title II, Sec. 204, Oct. 21, 1976, 90 Stat. 2751; Pub.
L. 103-437, Sec. 16(d)(1), Nov. 2, 1994, 108 Stat. 4594.)
References in Text
On and after the effective date of this Act, referred to in subsecs.
(a) and (k), probably means on and after the date of enactment of Pub.
L. 94-579, which was approved Oct. 21, 1976.
Act of June 8, 1906, referred to in subsec. (j), is act June 8,
1906, ch. 3060, 34 Stat. 225, popularly known as the Antiquities Act of
1906, which is classified generally to sections 431, 432, and 433 of
Title 16, Conservation. For complete classification of this Act to the
Code, see Short Title note set out under section 431 of Title 16 and
Tables.
Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)),
referred to in subsec. (j), is Pub. L. 94-223, Feb. 27, 1976, 90 Stat.
199, which amended section 668dd of Title 16. For complete
classification of this Act to the Code, see Tables.
This Act, referred to in subsec. (j), is Pub. L. 94-579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
The Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et
seq.), referred to in subsec. (l)(1), is act May 10, 1972, ch. 152, 17
Stat. 91, as amended. That act was incorporated into the Revised
Statutes as R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and 2344, which
are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39
to 42, and 47 of Title 30, Mineral Lands and Mining. For complete
classification of R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and 2344
to the Code, see Tables.
The Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C.
181 et seq.), referred to in subsec. (l)(1), is act Feb. 25, 1920, ch.
85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is
classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. For
complete classification of this Act to the Code, see Short Title note
set out under section 181 of Title 30 and Tables.
Amendments
1994--Subsec. (e). Pub. L. 103-437, Sec. 16(d)(1)(A), substituted
``Committee on Natural Resources of the House of Representatives or the
Committee on Energy and Natural Resources of the Senate'' for
``Committee on Interior and Insular Affairs of either the House of
Representatives or the Senate'' and ``both of those Committees'' for
``the Committees on Interior and Insular Affairs of the Senate and the
House of Representatives''.
Subsec. (f). Pub. L. 103-437, Sec. 16(d)(1)(B), substituted
``Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate'' for
``Committees on Interior and Insular Affairs of the House of
Representatives and the Senate''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 1712, 1723, 1732, 1782 of
this title; title 42 section 7916.
