No public land, water, or land and water area shall, except by Act of Congress, on and after February 28, 1958 be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from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 of Decisions
Cited in
2
cases (
1 in the last 5 years), 1969–2026 · leading case:
Mollohan v. Gray, 413 F.2d 349 (9th Cir. 1969).
Mollohan v. Gray, 413 F.2d 349 (9th Cir. 1969).
“Appellants also argue that the 1958 condemnation action and other acts by the government constituted an express recognition of their (appellants’) rights.”
Garfield Cnty., Utah v. Trump (10th Cir. 2026).
· cites it 2× “§ 3213; 43 U.S.C. § 156 (1964). Also, as explained in one amicus brief, “[g]iven the density and size of significant cultural, historical, and archaeological objects distributed across the Bears Ears landscape, President Biden determined that the entire landscape was the…”
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