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

submitted 68 years ago by Pub. L. 85-337 to r/title-43-PUBLIC-LANDS · 305 words · no verdicts yet

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Any request to take public land for defense use, big enough to need Congress's approval, must include detailed information. This includes the land's location, size, purpose, and effects on contamination, other resource uses, and water rights. The rule has applied to applications filed since February 28, 1958.

This section applies to any application filed on or after February 28, 1958, for a withdrawal, reservation, or restriction of public land that — as section 156 of this title requires — needs an Act of Congress to approve. Such an application must specify: (1) the name of the agency requesting the land and the agency that will actually use it; (2) where the area is located, including a detailed description of its outer boundaries and any excluded areas within the proposed withdrawal, reservation, or restriction; (3) the total land and water acreage inside the outer boundaries requested, and the net acreage of public land, water, or both that the application actually covers; (4) why the land is being withdrawn, reserved, or restricted, or, if the reason is classified for national security, a statement saying so; (5) whether the planned use will contaminate any part of the requested area, and if so, whether that contamination will be permanent or temporary; (6) how long the withdrawal, reservation, or restriction will last; (7) whether — and if so, how — the planned use will affect the ongoing operation of public land laws and federal rules covering conservation and development of minerals, timber and other materials, grazing, fish and wildlife, water, and scenic, wilderness, and recreational values; and (8) if carrying out the purpose of the withdrawal will involve using water in any state, whether the agency that will use the land has acquired, or plans to acquire, rights to use that water — consistent with existing legal rights and with that state's laws and procedures for controlling, claiming, using, and distributing water.

the actual law source: uscode.house.gov ↗public domain

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 credit: (Pub. L. 85–337, § 3, 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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