43 U.S.C. § 157 — Application for withdrawal, reservation, or

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 the mili- tary departments with the concurrence of the Department of the Interior, or to the with- drawal 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. (Pub. L. 85–337, § 1, Feb. 28, 1958, 72 Stat. 27.) Editorial Notes 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 sec- tions 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 com- plete classification of this Act to the Code, see Tables. Executive Documents 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. § 156. Approval by Congress necessary for with- drawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility 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 settle- ment, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from oper- ation 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, res- ervation, or restriction of more than five thou- sand acres in the aggregate for any one defense project or facility of the Department of Defense since February 28, 1958, or since the last pre- vious Act of Congress which withdrew, reserved, or restricted public land, water, or land and water area for that project or facility, which- ever is later. (Pub. L. 85–337, § 2, Feb. 28, 1958, 72 Stat. 28.) Editorial Notes REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 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 1301 of this title and Tables. § 157. Application for withdrawal, reservation, or restriction; specifications Any application filed on and after February 28, 1958 for a withdrawal, reservation, or restric- tion, 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 bound- aries and excepted areas, if any, within such proposed withdrawal, reservation, or restric- tion; (3) gross land and water acreage within the exterior boundaries of the requested with- drawal, 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 oper- ation of the public land laws and Federal regu- lations relating to conservation, utilization, Page 42 TITLE 43—PUBLIC LANDS § 158 and development of mineral resources, timber and other material resources, grazing re- sources, fish and wildlife resources, water re- sources, 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 re- stricted, will involve the use of water in any State, whether, subject to existing rights under law, the intended using agency has ac- quired, or proposes to acquire, rights to the use thereof in conformity with State laws and procedures relating to the control, appropria- tion, use, and distribution of water. (Pub. L. 85–337, § 3, Feb. 28, 1958, 72 Stat. 28.) § 158. Mineral resources on withdrawn lands; dis- position and exploration All withdrawals or reservations of public lands for the use of any agency of the Department of Defense, except lands withdrawn or reserved spe- cifically 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, in- cluding oil and gas, in the lands so withdrawn or reserved are under the jurisdiction of the Sec- retary of the Interior and there shall be no dis- position 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. (Pub. L. 85–337, § 6, Feb. 28, 1958, 72 Stat. 30.) CHAPTER 7—HOMESTEADS SUBCHAPTER I—GENERAL PROVISIONS Sec. 161 to 176. Repealed or Transferred. 177. Patents for lands in New Mexico held under color of title. 178. Patents for lands in New Mexico; lands con- tiguous to Spanish or Mexican land grants. 179, 180. Repealed. SUBCHAPTER II—RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY 181 to 191. Repealed. SUBCHAPTER III—LANDS SUBJECT TO ENTRY 201 to 208. Repealed. 209. Extension of public-land laws to certain lands in Oklahoma. 210. Recognition of equitable claims on certain lands in Oklahoma; validation of homestead entries. SUBCHAPTER IV—LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED ENTRIES 211 to 224. Repealed. SUBCHAPTER V—LEAVES OF ABSENCE AND EX- CUSES FOR NONRESIDENCE OR NONCULTIVA- TION 231 to 243a. Repealed. SUBCHAPTER VI—FINAL PROOF GENERALLY 251 to 256b. Repealed. Sec. SUBCHAPTER VII—PAYMENTS AND REFUNDS 261 to 263. Repealed. SUBCHAPTER VIII—ALASKA HOMESTEADS 270 to 270–11. Repealed. 270–12. Disposal by United States of coal, oil, or gas deposits reserved to United States; entry, reentry, etc., on lands for prospecting, min- ing, and removal. 270–13 to 270–17. Repealed. SUBCHAPTER IX—SOLDIERS’ AND SAILORS’ HOMESTEAD 271 to 284. Repealed. SUBCHAPTER X—STOCK-RAISING HOMESTEAD 291 to 298. Repealed. 299. Reservation of coal and mineral rights. 300. Repealed. 301. Rules and regulations. 302. Repealed. SUBCHAPTER I—GENERAL PROVISIONS §§ 161 to 164. Repealed. Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787 Section 161, R.S. § 2289; Mar. 3, 1891, ch. 561, § 5, 26 Stat. 1097, related to entry of unappropriated public lands. Section 162, R.S. § 2290; Mar. 3, 1891, ch. 561, § 5, 26 Stat. 1097; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for entry on public lands, and contents for affidavit for application. Section 163, R.S. § 2295; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record of application, registration, and return to Bu- reau of Land Management. Section 164, R.S. § 2291; June 6, 1912, ch. 153, 37 Stat. 123, related to issuance, etc., of certificate or patent for entered lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is ef- fective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of ap- proval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. § 165. Transferred Editorial Notes CODIFICATION Section, act Mar. 3, 1891, ch. 561, § 7, 26 Stat. 1098, which related to suspension of entries for correction of clerical errors, was transferred to section 1165 of this title, prior to editorial reclassification as section 2505 of this title. §§ 166 to 175. Repealed. Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787 Section 166, acts May 14, 1880, ch. 89, § 3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267, related to time for settlers to file application