Sec. 2832. Temporary segregation from public land laws of property subject to proposed military land withdrawal; temporary use permits and transfers of small parcels of land between Departments of Interior and military departments; more efficient surveying of lands
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Section 3 of the Act of February 28, 1958 ( Public Law 85–337 ; 43 U.S.C. 157 ), is amended— by striking Any application and inserting
(a); Contents of application .—Any application by striking shall specify and inserting shall be filed with the Secretary of the Interior and shall specify ; and by adding at the end the following new subsection: Not later than 30 days after the date of the receipt of an application under subsection
(a)for a withdrawal or reservation, the Secretary of the Interior shall publish a notice in the Federal Register stating that the application has been submitted, identifying the land that is the subject of the application, and stating the extent to which the land is to be segregated in accordance with paragraph (2). Upon publication of a notice under paragraph (1), the land identified in the notice shall be segregated from the operation of the public land laws to the extent specified in the notice. The segregation of such land pursuant to such notice shall terminate upon the earlier of— the enactment of some or all of the withdrawal or reservation by Congress; or the expiration of the 7-year period which begins on the date of the publication of the notice. In this subsection, the term public land laws includes the mining laws, the mineral leasing laws, and the geothermal leasing laws. . Such Act ( 43 U.S.C. 155 et seq.) is further amended by adding at the end the following new sections: In addition to any other authority to grant permits for the use of land, the Secretary of the Interior may grant a permit to the Secretary of Defense to use land under the administrative jurisdiction of the Secretary of the Interior. Any such permit— shall be issued consistent with section 2691 of title 10, United States Code; shall allow the Department of Defense to use the land only for purposes of training and testing that are consistent with the purposes for which the Secretary of the Interior manages the land; and may contain such other requirements as the Secretary of the Interior considers appropriate. A permit granted under this section shall be in effect for such period as the Secretary of the Interior may provide, except that such period may not exceed 30 days. Subject to any valid existing rights, upon mutual agreement, and without cost for the value of the land or any improvements thereon— the Secretary of the Interior may transfer administrative jurisdiction over land that meets the requirements of subsection
(b)to the Secretary of a military department; and the Secretary of a military department may transfer administrative jurisdiction over land that meets the requirements of subsection
(b)to the Secretary of the Interior. The requirements of this subsection are as follows: The land is contiguous to land already under the administrative jurisdiction of the Secretary to whom such jurisdiction is transferred. No single parcel of the land is larger than 5,000 acres of contiguous area. The land is not contiguous to any other land for which administrative jurisdiction has been transferred under the authority of this section during the previous 5 years. In the case of land transferred to the Department of Defense, the land was used for defense purposes immediately prior to the date of transfer. The Secretary of the Interior shall— publish in the Federal Register a notice containing the legal description of any land transferred under subsection (a); file maps and legal descriptions of the land with— the Committees on Armed Services and Energy and Natural Resources of the Senate, and the Committees on Armed Services and Natural Resources of the House of Representatives; and make copies of such maps and legal descriptions available for public inspection in the appropriate offices of the Bureau of Land Management. For purposes of any transfer of administrative jurisdiction over land under this section, the legal description and map for the land shall be the legal description of the land filed under paragraph (1)(B), except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map. Upon a transfer of administrative jurisdiction over land to the Secretary of a military department under subsection (a)— the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the military department; and the land shall be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as the land is under the administrative jurisdiction of a Secretary of a military department. Upon a transfer of administrative jurisdiction over land to the Secretary of the Interior under subsection (a)— the land shall become public land; and the land shall be administered for the same purposes and be subject to the same conditions of use as the adjacent public land. The authority provided by this section is in addition to, and not subject to, any other authority relating to transfers of land. . Section 1 of such Act ( 43 U.S.C. 155 ) is amended— by striking Notwithstanding and inserting
(a); and Withdrawal, reservation, or restriction of public lands for defense purposes .—Notwithstanding by adding at the end the following new subsection: This Act may be cited as the . Engle Act . In fixing the original corner position in an official survey of unsurveyed land, when applicable and feasible, Cadastral Surveys may, instead of using physical monuments, use geographic coordinates correlated to the National Spatial Reference System geodetic datum, in accordance with the Manual of Surveying Instructions.
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- Pub. L. 85-337
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Sec. 2832
Temporary segregation from public land laws of property subject to proposed military land withdrawal; temporary use permits and transfers of small parcels of land between Departments of Interior and military departments; more efficient surveying of lands
Pub. L.Pub. L. 85-337
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