-CITE-
    43 USC CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION,
           SALE, OR ENTRY                                  01/02/2006

-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        Repealed.                                             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        Repealed.                                             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        Entries on land withdrawn as valuable for oil or gas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        Sale of lands withdrawn.                              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        Patents to purchasers of lands withdrawn.             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        Disposition of proceeds of sale of withdrawn lands.   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        Repealed.                                             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        Restoration of lands previously withdrawn.            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        Mineral resources on withdrawn lands; disposition and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                                             01/02/2006

-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                                             01/02/2006

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    43 USC Sec. 143                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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.

-End-



-CITE-
    43 USC Sec. 152                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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                                             01/02/2006

-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.

-End-



-CITE-
    43 USC Sec. 157                                             01/02/2006

-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.)

-End-



-CITE-
    43 USC Sec. 158                                             01/02/2006

-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-