Withdrawal of Public Lands for Military Use: Overview and Legal Framework
Public lands across various states have been withdrawn for military use, with the Department of the Interior managing these lands primarily reserved for Department of Defense (DOD) use. Legal requirements such as the Engle Act and Federal Land Policy and Management Act govern the process of withdrawing public lands for military purposes. The lands are not available for settlement or mineral location under public land laws, but may be used for specified activities like grazing, mineral leasing, and recreation. The duration of withdrawal, transfer of jurisdiction, and environmental remediation upon return to the public domain are key considerations in managing these lands.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Withdrawal of Public Lands for Military Use 1
Department of the Interior Public Lands Used by the Military Non-Public Lands 9 million acres Purchase Easements, Leases, etc 36% Public Lands Withdrawn For Military Use 16 million acres (8 million Army) (5 million Air Force) (3 million Navy) Executive Order Authority of the Secretary of the Interior Act of Congress 1 2 64% 25 Million Total Acres 2
Surface Acres Withdrawn for Military Use by State * Alaska Arizona California Colorado Florida Idaho Kansas 1,737,000 2,612,000 2,951,000 16,000 70,000 121,000 24,000 Montana New Mexico 3,360,000 Nevada Oregon Utah Washington 20,000 Wyoming 19,000 3,282,000 37,000 1,718,000 19,000 Total Surface Acres 16,000,000 *States with less than one 1,000 total surface acres are not shown in the above chart. 3
How Public Lands Are Withdrawn for Military Use Legal Requirements Engle Act (1958) Federal Land Policy and Management Act (1976) Prior special legislation (installation specific) Additional Legal Requirements National Environmental Policy Act (1969) Endangered Species Act (1973) Other 4
Engle Act Withdrawal Process Congressional Action (5,000 acres or more) Pre-application coordination and application PROCESS Legal Compliance NEPA, FLPMA, ESA, etc Executive Branch Review Public Review and Comment Withdrawal Package 5
Public Lands Withdrawn for Military Use These lands are owned by the United States: Lands managed by DOI under FLPMA Primarily reserved for DOD use Not Available for settlement, sale or mineral location under public land laws; may be available for grazing, mineral leasing, recreation and other activities Authorized uses are specified in the special legislation Transfer of jurisdiction (full/shared) Management of lands (DOD/joint) Duration of withdrawal Environmental Remediation upon return to the public domain 6
Completed Engle Act Withdrawal Actions (FY 2014 2016) Limestone Hills Training Area , MT-- 19,000 acres New Withdrawal PL 113-66 Fort Carson Pi on Canyon Maneuver Site, CO 6,000 acres (142,000 subsurface acres) Withdrawal Extended PLO 7783 China Lake Naval Weapons Station, CA -- 1.1 M acres Withdrawal Extended PL 113-66; PL 113-291; PL114-92 Marine Corps Air Ground Combat Center, CA -- 150,000 acres Withdrawal Expanded PL 113-66 Chocolate Mountain Aerial Gunnery Range, CA -- 227,000 acres Mandated Transfer PL 113-66 White Sands Missile Range , NM and Fort Bliss, TX 5,100 acres Withdrawal Expanded PL 113-66 7
Future Engle Act Withdrawal Actions (FY 2017 2024) Naval Air Station Fallon Target Ranges, NV 200,000 acres Withdrawal Expires in 2021 PL 106-65 Juniper Butte Air Force Range, ID 12,000 acres Withdrawal Expires in 2023 PL 105-261 Proposed Expansion up to 700,000 acres Nellis Air Force Range, NV 3,000,000 acres Withdrawal Expires in 2021 PL 106-65; PL 113-291 Proposed Expansion up to 300,000 acres El Centro Naval Air Facility Range -- 47,000 acres Withdrawal Expires in 2021 PL 104-201 Barry M. Goldwater Air Force Range, AZ 1,650,000 acres (700,000 US Marine Corp BMGR West) Withdrawal Expires in 2024 PL 106-65 8
Military Withdrawal Summary As the proposed withdrawal legislation gets closer to being drafted, briefings will occur to communicate: The importance of these lands to DOD & DOI That these lands are used by all Services to meet their test & training requirements That these lands have important ecological, cultural & recreational values That the proposed withdrawal legislation it to be submitted to Congress for action 9
Engle Act Withdrawal Process Pre-application coordination and application 10
Engle Act Withdrawal Process Legal Compliance NEPA, FLPMA, ESA, etc 11
Engle Act Withdrawal Process Public Review and Comment 12
Engle Act Withdrawal Process Executive Branch Review 14
Engle Act Withdrawal Process Congressional Action (5,000 acres or more) & Public Law Implementation 15
Washington Office Roles and Responsibilities The Washington Office Withdrawal Program Lead and Military Liaison: Provide National level coordination, support, and program oversight to the BLM offices Develop policy, budgets, and legislation Coordinate with the Department of the Interior, Department of Defense, and other Federal Departments and Agencies at the National level Coordinate with Congress 16
