Pub. L. 104-201, div. B, tit. XXIX, subtit. A, sec. 2908

TERMINATION OF WITHDRAWAL AND RESERVATION.

EnactedYear: 1996Length: 455 wordsOfficial source
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVATION. (a) Termination Date.— The withdrawal and reservation made by this subtitle shall terminate 15 years after the date of the enactment of this subtitle. (b) Determination of Continuing Military Need.— (1) Determination required.— At least three years before the termination under subsection (a) of the withdrawal and reservation established by this subtitle, the Secretary of the Army shall advise the Secretary of the Interior as to whether or not the Department of the Army will have a continuing military need for any of the lands after the termination date. (2) Method of making determination.— If the Secretary of the Army concludes under paragraph (1) that there will be a continuing military need for any of the lands after the termination date established by subsection (a), the Secretary of the Army, in accordance with applicable law, shall— (A) evaluate the environmental effects of renewal of such withdrawal and reservation; (B) hold at least one public hearing in Colorado concerning such evaluation; and (C) file, after completing the requirements of subparagraphs (A) and (B), an application for extension of the withdrawal and reservation of such lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals for military uses. (3) Notification.— The Secretary of the Interior shall notify the Congress concerning a filing under paragraph (3)(C). (c) Early Relinquishment of Withdrawal.— If the Secretary of the Army concludes under subsection (b) that before the termination date established by subsection (a) there will be no military need for all or any part of the lands withdrawn and reserved by this subtitle, or if, during the period of withdrawal, the Secretary of the Army otherwise decides to relinquish any or all of the lands withdrawn and reserved under this subtitle, the Secretary of the Army shall file with the Secretary of the Interior a notice of intention to relinquish such lands. (d) Acceptance of Lands Proposed for Relinquishment.— Notwithstanding any other provision of law, the Secretary of the Interior, upon deciding that it is in the public interest to accept jurisdiction over the lands proposed for relinquishment, may revoke 110 STAT. 2811the withdrawal and reservation established by this subtitle as it applies to the lands proposed for relinquishment. Should the decision be made to revoke the withdrawal and reservation, the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of full jurisdiction over the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of the public land laws, including the mining laws if appropriate.