Land Withdrawal - Withdrawal Authority

The first administrative withdrawals were made under the implied authority of the President. Authority to approve withdrawals was also delegated to the Secretary of the Interior. Later, the Picket Act (1910, 36 Stat 847, amended in 1912) specifically described the withdrawal authority of the President. During the early 1940s, the Public Land Order gradually replaced the Executive Order and the Secretarial Order as the primary instrument for establishing an administrative withdrawal.

Through Executive Order 10355 (1952) President Truman delegated the authority to make, modify, and revoke withdrawals to the Secretary of the Interior. Various other Acts and Orders delegated authority to the Secretary of the Interior for specific types of withdrawals, e.g., power site classifications, public water reserves, reclamation projects, etc.

With the exception of the Federal Power Act and the Antiquities Act, all of the previously mentioned authorities were repealed and replaced by Section 204(a) of Federal Land Policy and Management Act (1976) which authorizes the Secretary of the Interior to make, modify, and revoke withdrawals. In addition, Congress retains the authority to modify and/or revoke any administrative withdrawal through legislation.

The Secretary of the Interior delegated to the Bureau of Land Management (BLM) the authority to process all administrative withdrawal actions, regardless of what Federal agency or Federal lands are involved. A major reason for this designation is that BLM has primary jurisdiction over the mineral estate on Federal lands.