§156 — Title 43 Public Lands | U.S. Code

Summary

On or after February 28, 1958, Congress must approve any action that would take more than 5,000 acres of public land or water for a single Department of Defense project or facility. This rule covers three kinds of actions: taking land out of settlement, sale, or entry; setting land or water aside for defense use; or limiting mineral leasing under the Outer Continental Shelf Lands Act. The 5,000-acre limit counts all such actions for that same project since February 28, 1958, or since the last Act of Congress that did this for that project, whichever is later.

Title 43, §156

Public Lands — Source: USLM XML via OLRC

No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from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.

Notes & Related Subsidiaries

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.

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