
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
