§ 155. — Withdrawal, reservation, or restriction of public lands for defense purposes; "public lands" defined; exception.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC155]
TITLE 43--PUBLIC LANDS
CHAPTER 6--WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
Sec. 155. Withdrawal, reservation, or restriction of public
lands for defense purposes; ``public lands'' defined; exception
Notwithstanding any other provisions of law, except in time of war
or national emergency hereafter declared by the President or the
Congress, on and after February 28, 1958 the provisions hereof shall
apply to the withdrawal and reservation for, restriction of, and
utilization by, the Department of Defense for defense purposes of the
public lands of the United States, including public lands in the
Territories of Alaska and Hawaii: Provided, That--
(1) for the purposes of this Act, the term ``public lands''
shall be deemed to include, without limiting the meaning thereof,
Federal lands and waters of the Outer Continental Shelf, as defined
in section 1331 of this title, and Federal lands and waters off the
coast of the Territories of Alaska and Hawaii;
(2) nothing in this Act shall be deemed to be applicable to the
withdrawal or reservation of public lands specifically as naval
petroleum, naval oil shale, or naval coal reserves;
(3) nothing in this Act shall be deemed to be applicable to the
warning areas over the Federal lands and waters of the Outer
Continental Shelf and Federal lands and waters off the coast of the
Territory of Alaska reserved for use of the military departments
prior to August 7, 1953, and
(4) nothing in this section, section 156, or section 157 of this
title shall be deemed to be applicable either to those reservations
or withdrawals which expired due to the ending of the unlimited
national emergency of May 27, 1941, and which subsequent to such
expiration have been and are now used by the military departments
with the concurrence of the Department of the Interior, or to the
withdrawal of public domain lands of the Marine Corps Training
Center, Twentynine Palms, California, and the naval gunnery ranges
in the State of Nevada designated as Basic Black Rock and Basic
Sahwave Mountain.
(Pub. L. 85-337, Sec. 1, Feb. 28, 1958, 72 Stat. 27.)
References in Text
This Act, referred to in pars. (1), (2), and (3), is Pub. L. 85-337,
Feb. 28, 1958, 72 Stat. 27, which enacted sections 155 to 158 of this
title and section 2671 of Title 10, Armed Forces, and amended section
472 of former Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Tables.
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was
admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309,
Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see
Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding
section 21 of Title 48, Territories and Insular Possessions. For Hawaii
Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a
note preceding section 491 of Title 48.
