43 U.S.C. § 155: Withdrawal, reservation, or…

Summary

Starting February 28, 1958, the Department of Defense may take control of, set aside, limit access to, and use U.S. public lands for defense purposes, even if other laws say something different. This does not apply during a time of war or a national emergency declared later by the President or by Congress. “Public lands” here include federal lands and the waters of the Outer Continental Shelf (as defined in section 1331) and lands and waters off Alaska and Hawaii. The rule does not cover withdrawals made specifically as naval petroleum, naval oil shale, or naval coal reserves; warning areas over Outer Continental Shelf or offshore waters reserved before August 7, 1953; reservations that ended when the unlimited national emergency of May 27, 1941 ended and have since been used with the Interior Department’s agreement; or the Marine Corps Training Center at Twentynine Palms, California, and the naval gunnery ranges in Nevada called Basic Black Rock and Basic Sahwave Mountain.

Title 43, §155

Public Lands, Source: USLM XML via OLRC

Notwithstanding any other provisions of law, except in time of war or national emergency hereafter declared by the President or the Congress, on and after February 28, 1958 the provisions hereof shall apply to the withdrawal and reservation for, restriction of, and utilization by, the Department of Defense for defense purposes of the public lands of the United States, including public lands in the Territories of Alaska 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 Federal 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 August 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 expiration have been and are now used by the military departments with the concurrence of the Department of the Interior, or to the withdrawal 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.

Notes & Related Subsidiaries

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 sections 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 complete classification of this Act to the Code, see Tables.

Executive Documents

Admission of Alaska and Hawaii to StatehoodAlaska 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.

§155 Withdrawal, Reservation, or Restriction of Public Lands for Defense Purposes; “public Lands” Defined; Exception