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Land Withdrawal - Withdrawal Laws Oregon/Washington BLM

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

Land Withdrawal - Withdrawal Laws


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Land Withdrawal Info
General Information
Types of Withdrawals
Withdrawal Authority
Withdrawal Laws
Withdrawal Definitions
Withdrawal Questions

The following Acts of Congress are notable for their impact on the segregative effect of many earlier withdrawals.

Mineral Leasing Act of 1920 made some minerals previously locatable under the mining laws (oil & gas, coal, phosphate, etc.) available only by lease. Withdrawals established prior to the Act and segregating locatable minerals no longer segregate leasable minerals such as coal, unless the original withdrawal was subsequently modified to do so.

Federal Power Act of 1920 Section 24 provides the means to open power projects and waterpower withdrawals to settlement, sale, location, or entry subject to the potential future use of those lands for power development.

PL 359 of 1955 changed locatable mineral segregations for power project and waterpower withdrawals. Prior to PL 359, all power project withdrawals were closed to mining and waterpower withdrawals were closed to non-metalliferous mining. PL 359 opened all power project and waterpower withdrawals to mining, except power project withdrawals with a FERC license or preliminary permit, which remain closed to mining.

Federal Land Policy Management Act of 1976 repealed numerous disposal laws, e.g., homesteads, older sale and small tracts, etc. Depending on the segregative language in the older withdrawals, the present segregative effect may now be interpreted differently, or may have been partially or totally eliminated as a result of FLPMA.