43 U.S.C. § 1714 — Withdrawals of lands

Page 532 TITLE 43—PUBLIC LANDS § 1714 (b) Conveyance of land of agricultural value and desert in character Where the Secretary determines that land to be conveyed under clause (3) of subsection (a) of this section is of agricultural value and is desert in character, such land shall be conveyed either under the sale authority of this section or in ac- cordance with other existing law. (c) Congressional approval procedures applica- ble to tracts in excess of two thousand five hundred acres Where a tract of the public lands in excess of two thousand five hundred acres has been des- ignated for sale, such sale may be made only after the end of the ninety days (not counting days on which the House of Representatives or the Senate has adjourned for more than three consecutive days) beginning on the day the Sec- retary has submitted notice of such designation to the Senate and the House of Representatives, and then only if the Congress has not adopted a concurrent resolution stating that such House does not approve of such designation. If the committee to which a resolution has been re- ferred 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 consider- ation of such resolution or to discharge the com- mittee from consideration of any other resolu- tion with respect to the designation. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privi- leged (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 fa- voring 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 recon- sider 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 designation. 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 debat- able. 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. (d) Sale price Sales of public lands shall be made at a price not less than their fair market value as deter- mined by the Secretary. (e) Maximum size of tracts The Secretary shall determine and establish the size of tracts of public lands to be sold on the basis of the land use capabilities and devel- opment requirements of the lands; and, where any such tract which is judged by the Secretary to be chiefly valuable for agriculture is sold, its size shall be no larger than necessary to support a family-sized farm. (f) Competitive bidding requirements Sales of public lands under this section shall be conducted under competitive bidding proce- dures to be established by the Secretary. How- ever, where the Secretary determines it nec- essary and proper in order (1) to assure equitable distribution among purchasers of lands, or (2) to recognize equitable considerations or public policies, including but not limited to, a pref- erence to users, he may sell those lands with modified competitive bidding or without com- petitive bidding. In recognizing public policies, the Secretary shall give consideration to the fol- lowing potential purchasers: (1) the State in which the land is located; (2) the local government entities in such State which are in the vicinity of the land; (3) adjoining landowners; (4) individuals; and (5) any other person. (g) Acceptance or rejection of offers to purchase The Secretary shall accept or reject, in writ- ing, any offer to purchase made through com- petitive bidding at his invitation no later than thirty days after the receipt of such offer or, in the case of a tract in excess of two thousand five hundred acres, at the end of thirty days after the end of the ninety-day period provided in sub- section (c) of this section, whichever is later, unless the offeror waives his right to a decision within such thirty-day period. Prior to the expi- ration of such periods the Secretary may refuse to accept any offer or may withdraw any land or interest in land from sale under this section when he determines that consummation of the sale would not be consistent with this Act or other applicable law. (Pub. L. 94–579, title II, § 203, Oct. 21, 1976, 90 Stat. 2750.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (g), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. § 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, ex- tend, or revoke withdrawals but only in accord- ance with the provisions and limitations of this section. The Secretary may delegate this with- drawal authority only to individuals in the Of- fice 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 subse- quent to submission of application (1) Within thirty days of receipt of an applica- tion 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 Page 533 TITLE 43—PUBLIC LANDS § 1714 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 applica- tion shall terminate upon (a) rejection of the ap- plication 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 sub- section are not applicable to withdrawals under subsection (e) hereof. (c) Congressional approval procedures applica- ble 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 with- drawal 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 depart- ment 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 com- mittee to which a resolution has been referred during the said ninety day period, has not re- ported it at the end of thirty calendar days after its referral, it shall be in order to either dis- charge the committee from further consider- ation of such resolution or to discharge the com- mittee from consideration of any other resolu- tion with respect to the Presidential rec- ommendation. A motion to discharge may be made only by an individual favoring the resolu- tion, shall be highly privileged (except that it may not be made after the committee has re- ported 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 dis- agreed to, the motion may not be made with re- spect 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 debat- able. 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 cur- rent 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 envi- ronment, and also the economic impact of the change in use on individuals, local commu- nities, 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 exist- ing and potential resource uses are incompat- ible with or in conflict with the proposed use, together with a statement of the provisions to be made for continuation or termination of ex- isting 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 de- partments 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 gov- ernment 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 with- drawal 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 in- formation on: general geology, known mineral deposits, past and present mineral production, mining claims, mineral leases, evaluation of future mineral potential, present and poten- tial market demands. (d) Withdrawals aggregating less than five thou- sand acres; procedure applicable A withdrawal aggregating less than five thou- sand acres may be made under this subsection by the Secretary on his own motion or upon re- quest by a department or an agency head— (1) for such period of time as he deems desir- able for a resource use; or (2) for a period of not more than twenty years for any other use, including but not lim- ited 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. Page 534 TITLE 43—PUBLIC LANDS § 1714 1 So in original. Probably should be ‘‘section’’. (e) Emergency withdrawals; procedure applica- ble; 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 re- quired in subsection (c)(2) of this subsection 1 shall be furnished the committees within three months after filing such notice. (f) Review of existing withdrawals and exten- sions; 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 pe- riod and may be extended or further extended only upon compliance with the provisions of subsection (c)(1) or (d), 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 pe- riod 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 Represent- atives and the Committee on Energy and Nat- ural Resources of the Senate. (g) Processing and adjudication of existing appli- cations All applications for withdrawal pending on Oc- tober 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 applica- tion 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 with- drawal made under subsection (e) of this sec- tion) shall be promulgated after an opportunity for a public hearing. (i) Consent for withdrawal of lands under admin- istration 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 De- partment 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 with- drawing lands as limiting authority The Secretary shall not make, modify, or re- voke any withdrawal created by Act of Congress; make a withdrawal which can be made only by Act of Congress; modify or revoke any with- drawal creating national monuments under chapter 3203 of title 54; 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 proc- essing applications There is hereby authorized to be appropriated the sum of $10,000,000 for the purpose of proc- essing 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 determina- tion 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, Cali- fornia, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyo- ming of (1) all Federal lands other than with- drawals of the public lands administered by the Bureau of Land Management and of lands which, on October 21, 1976, were part of Indian reserva- tions 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 Na- tional Forest System (except those in wilderness areas, and those areas formally identified as primitive or natural areas or designated as na- tional 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 ob- jectives of the programs for which the lands were dedicated and of the other relevant pro- grams. The Secretary shall report his rec- ommendations to the President, together with statements of concurrence or nonconcurrence submitted by the heads of the departments or agencies which administer the lands. The Presi- dent shall transmit this report to the President of the Senate and the Speaker of the House of Representatives, together with his recommenda- tions for action by the Secretary, or for legisla- tion. The Secretary may act to terminate with- Page 535 TITLE 43—PUBLIC LANDS § 1715 drawals other than those made by Act of the Congress in accordance with the recommenda- tions of the President unless before the end of ninety days (not counting days on which the Senate and the House of Representatives has ad- journed 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 ei- ther discharge the committee from further con- sideration of such resolution or to discharge the committee from consideration of any other reso- lution with respect to the Presidential rec- ommendation. A motion to discharge may be made only by an individual favoring the resolu- tion, shall be highly privileged (except that it may not be made after the committee has re- ported 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 dis- agreed to, the motion may not be made with re- spect 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 debat- able. 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 appro- priated not more than $10,000,000 for the purpose of paragraph (1) of this subsection to be avail- able until expended to the Secretary and to the heads of other departments and agencies which will be involved. (Pub. L. 94–579, title II, § 204, Oct. 21, 1976, 90 Stat. 2751; Pub. L. 103–437, § 16(d)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 113–287, § 5(l)(7), Dec. 19, 2014, 128 Stat. 3271.) Editorial Notes 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 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, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification 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. That act was incorporated into the Revised Statutes as R.S. §§ 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 classifica- tion of R.S. §§ 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, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 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 2014—Subsec. (j). Pub. L. 113–287 substituted ‘‘chapter 3203 of title 54’’ for ‘‘the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’. 1994—Subsec. (e). Pub. L. 103–437, § 16(d)(1)(A), sub- stituted ‘‘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 In- sular Affairs of the Senate and the House of Represent- atives’’. Subsec. (f). Pub. L. 103–437, § 16(d)(1)(B), substituted ‘‘Committee on Natural Resources of the House of Rep- resentatives 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’’. § 1715. Acquisitions of public lands and access over non-Federal lands to National Forest System units (a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent do- main, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the author- ity of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System. (b) Conformity to departmental policies and land-use plan of acquisitions Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land- use plans. (c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within Na- tional Forest System boundaries Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pur- suant to this section or section 1716 of this title