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43 U.S.C. § 156 — Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility
Federal law — U.S. Code and appendices · legal_authorities
No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) 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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-156-approval-by-congress-necessary-for-withdrawal-reservation-or-restriction--d01adfcc74.md
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Source location: Title 43, Chapter 6, § 156; chapter-006-withdrawal-from-settlement-location-sale-or-entry.md
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No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter and subchapter II—
**(a)** The term “lands beneath navigable waters” means—
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and
(3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined;
**(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section156&num=0&edition=prelim), 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 o
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Federal law — U.S. Code and appendices · legal_authorities
Page 321
TITLE 43—PUBLIC LANDS
§ 1331
1 See References in Text note below.
2 So in original. Probably should be ‘‘accordance’’.
waters for the constitutional purposes of com-
merce, navigation, national defense, and inter-
national affairs, all of which shall be paramount
to, but shall not be deemed to include, propri-
etary rights of ownership, or the rights of man-
agement, administration, leasing, use, and de-
velopment of the lands and natural resources
which are specifically recognized, confirmed, es-
tablished, and vested in and assigned to the re-
spective States and others by section 1311 of this
title.
(b) In time of war or when necessary for na-
tional defense, and the Congress or the Presi-
dent shall so prescribe, the United States shall
have the right of first refusal to purchase at the
prevailing market price, all or any portion of
the said natural resources, or to acquire and use
any portion of said lands by proceeding in ac-
cordance with due process of law and paying just
compensation therefor.
(May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.)
§ 1315. Rights acquired under laws of United
States unaffected
Nothing contained in this subchapter or sub-
chapter I shall affect such rights, if any, as may
have been acquired under any law of the United
States by any person in lands subject to this
subchapter or subchapter I and such rights, if
any, shall be governed by the law in effect at the
time they may have been acquired: Provided,
however, That nothing contained in this sub-
chapter or subchapter I is intended or shall be
construed as a finding, interpretation, or con-
struction by the Congress that the law under
which such rights may be claimed in fact or in
law applies to the lands subject to this sub-
chapter or subchapter I,
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
Page 41
TITLE 43—PUBLIC LANDS
§ 157
Plan No. 3 of 1946. See note set out under section 1 of
this title.
§ 155. Withdrawal, reservation, or restriction of
public lands for defense purposes; ‘‘public
lands’’ defined; exception
Notwithstanding any other provisions of law,
except in time of war or national emergency
hereafter declared by the President or the Con-
gress, on and after February 28, 1958 the provi-
sions hereof shall apply to the withdrawal and
reservation for, restriction of, and utilization
by, the Department of Defense for defense pur-
poses of the public lands of the United States,
including public lands in the Territories of Alas-
ka 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 Fed-
eral 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 Au-
gust 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 expira-
tion have been and are now used by
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 156
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