Land Withdrawal - Withdrawal Definitions
|Land Withdrawal Info|
|Types of Withdrawals|
Management: The relationship of a Federal Agency to a withdrawal is generally described as a Holding Agency, Benefiting Agency, or Administrative Agency. For status collection purposes, we enter the Holding Agency code in Record 2 using DE 2929.
Holding Agency: All withdrawals have a (Federal) Holding Agency. It is not necessary that a Holding Agency have administrative jurisdiction over the withdrawn land.
Benefiting Agency: Withdrawals may be held by one Federal agency for the benefit of another (Federal, State or Local) agency. For example, a wildlife management area may be held by the U.S. Fish & Wildlife Service as the Holding Agency for the benefit of the State Department of Game.
Administrative Agency: This term is used to identify the Federal agency that has administrative jurisdiction over the Federal land involved. When several agencies have some degree of resource management jurisdiction, the Administrative Agency maintains primary surface management responsibility. All Federal lands, even those which are not withdrawn, have an Administrative Agency. Where a withdrawal for the protection of a game management area was made in a National Forest, the U.S. Fish & Wildlife Service is the Holding Agency, the State Department of Game is the Benefiting Agency, and the Forest Service is the Administrative Agency.
Multiple withdrawals for various purposes may be placed on the same land. The extent of jurisdiction by each holding agency involved is determined by language in the withdrawal orders, the chronological order of the withdrawals, or by formal agreement between the Federal agencies involved.
Segregative Effect: The term "segregation," as it pertains to withdrawals, refers to the closure of lands to the operation of all/some of the public land laws and/or mineral laws. Public land laws authorize some means to dispose of the surface estate, whereas the mineral laws authorize disposal of the subsurface estate. The segregative effect of a withdrawal is stated in the order itself, OR it is prescribed by the authority under which a withdrawal is made. Many withdrawals, particularly older ones, have been subsequently amended by statute or by other administrative orders. Consequently, interpretation of the current segregative effect of many withdrawals can be difficult.
Segregative Language: The language used in withdrawal orders has undergone considerable change over the past 100 years. To further complicate things, new, revised and repealed public land and mineral laws have changed the original meaning of segregative language in many older withdrawals. Many withdrawal orders have also been modified by statute or other administrative orders. Withdrawal segregations are divided into three major categories, Surface Entry, Mining, and Mineral Leasing, although other less commonly used variations exist.
Surface Entry Closure: This term means the surface estate is closed to disposition under the public land laws. Below are examples of actual language used in withdrawal orders; all three examples have the same meaning.
"Withdrawn from settlement, sale, location, or entry under the general land laws."
"Withdrawn from operation of the public land laws."
"Withdrawn from all forms of appropriation under the general land laws."
Closed to Mining: This term means the surface and subsurface estates are closed to disposition under the 1872 mining laws. Below are examples of actual language used in withdrawal orders; all three examples have the same meaning.
"Withdrawn from location and entry under the United States mining laws (30 U.S.C. Ch. 2)." (The current language used.)
"Withdrawn from operation of the mining laws."
"Withdrawn from appropriation under the mining laws."
Closed to Mineral Leasing: This term means the subsurface estate is closed to mineral leasing applications. Below are examples of actual language used in withdrawal orders; both examples have the same meaning.
"Withdrawn from applications and offers under the mineral leasing laws." (The current language used.)
"Withdrawn from operation of the mineral leasing laws."