Withdrawal

A withdrawal removes federal land from the operation of some or all of the public land laws, including the mining laws when the order says so. FLPMA defines it as "withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program" (43 U.S.C. 1702(j)).

Who can withdraw land

BLM's regulations recognize closures by "Congress, the President, the Secretary, or another surface managing agency" (43 CFR 3830.5, definition of closed to mineral entry). FLPMA states a policy that Congress "delineate the extent to which the Executive may withdraw lands without legislative action" (43 U.S.C. 1701(a)(4)).

Secretarial withdrawals under FLPMA section 204 (43 U.S.C. 1714)

• 5,000 acres or more: for not more than 20 years, with notice to both Houses of Congress (1714(c)(1))
• Less than 5,000 acres: for as long as the Secretary deems desirable for a resource use; up to 20 years for other uses; or up to 5 years to preserve a tract for a use under consideration by Congress (1714(d))
• Emergency: made immediately when "extraordinary measures must be taken to preserve values that would otherwise be lost," and lasting no more than three years (1714(e))
• The Secretary may not modify or revoke a withdrawal created by Act of Congress, or one creating a national monument (1714(j))

Segregation first

Publication in the Federal Register of a withdrawal application or proposal segregates the land "to the extent specified in the notice," for up to two years (43 U.S.C. 1714(b)(1)). See segregation.

Effect on mining claims

• New mining claims cannot be located. A mining claim located on land withdrawn from mineral entry at the time is forfeited, and the defect cannot be cured (43 CFR 3833.91(c)).
• Existing mining claims continue only as valid existing rights. BLM's brochure "Mining Claims and Sites on Federal Lands" says that for a mining claim located before a withdrawal, "a valuable mineral deposit must have been discovered before the date of withdrawal."
• After land is closed, the legal description of a mining claim may be amended only to reduce it or to correct it (43 CFR 3833.21(c)).
• If a claimant required to do assessment work "fail[s] substantially" to do it and the land is withdrawn, BLM may declare the mining claim forfeited (43 CFR 3836.15(b)).

Why it matters in mining claim research

A withdrawal is made by a public land order and recorded on BLM's public land records, including master title plats (43 CFR 2091.0-5(e)). A researcher needs its effective date and the laws it closes, then compares both with the date of location of every mining claim in the area. Emergency and term withdrawals end or come up for review (43 U.S.C. 1714(e), (f)), so an old order may no longer be in effect.