Land Withdrawal - Withdrawal Questions

What is a Land Withdrawal? A management tool in the real estate tool box used to implement resource management planning prescriptions or as a means to transfer administrative jurisdiction from one federal agency to another. A withdrawal creates a title encumbrance on the land restricting an agency's ability to manage its lands under multiple use management principles. The restrictions generally segregate the lands from some or all the public land laws and some or all of the mining and mineral leasing laws for a specific period of time, generally 20 years for post Federal Land Policy and Management Act withdrawals.

Who has the Authority to Make, Modify, or Revoke a Withdrawal? As stated in the Federal Land Policy and Management Act of 1976, PL 94-579, (43 U.S.C. 1714), the Secretary of Interior is authorized to make, modify, extend, or revoke withdrawals.

When should the Withdrawal Tool be used? Due to the restrictive nature, the cost of processing, and the level at which a final decision is made, a withdrawal should be used only as a management tool of last resort. To determine how and when to propose a withdrawal, first, one needs to look at the agency's forest or resource management plan to determine plan consistency. Second, the surface resource and the subsurface resource values (generally locatable minerals) need to be assessed to determine relative value. If the mineral values exceed the surface values and the minerals have a high potential for development and the public through the planning process want the surface to be preserved and if a mineral operation cannot mitigate the surface values, then an agency should consider requesting a land withdrawal. If, however, there is no mineral potential in the subsurface estate, the agency should look to other methods to protect surface values.