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43 U.S.C. § 156Approval by Congress necessary for withdrawal, reservation, or restriction of over 5,000 acres for any Department of Defense project or facility

submitted 68 years ago by Pub. L. 85-337 to r/title-43-PUBLIC-LANDS · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Defense cannot take more than 5,000 acres of public land for one project without Congress passing a law first. This applies to pulling land off the market, reserving it, or blocking mineral leasing there. The limit counts all land taken for that project since February 28, 1958.

Starting February 28, 1958, no public land, water, or combined land-and-water area can be — without an Act of Congress — (1) withdrawn from settlement, being claimed, sold, or entered for the Department of Defense's use; (2) reserved for that use; or (3) blocked from operation of the mineral leasing rules of the Outer Continental Shelf Lands Act, if doing so would push the total amount of land withdrawn, reserved, or restricted for any single Department of Defense project or facility above five thousand acres in the aggregate. This total is measured starting from February 28, 1958, or from the last Act of Congress that withdrew, reserved, or restricted land for that same project — whichever came later. In short: small takings, added up over time, that stay under 5,000 acres do not need Congress's approval, but once a project crosses that line, only Congress can authorize more.
the actual law source: uscode.house.gov ↗public domain

No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from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 credit: (Pub. L. 85–337, § 2, Feb. 28, 1958, 72 Stat. 28.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-337 · 72 Stat. 28

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-337 on 1958-02-28.

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