Withdrawal
An action by the federal government that removes public lands from availability for mining claim location or other forms of entry.
Detailed Definition
A withdrawal is a formal action by the federal government that removes public lands from the operation of some or all of the public land laws, including the mining laws. Withdrawn lands are no longer available for the location of new mining claims.
Types of withdrawals
Legislative withdrawal: - Enacted by Congress through statute - Examples: designation of national parks, wilderness areas, military reservations - Generally permanent unless Congress reverses
Administrative withdrawal: - Ordered by the Secretary of the Interior under authority of FLPMA (43 U.S.C. 1714) - May be for up to 20 years - Subject to renewal - Must follow public notice and comment procedures
Emergency withdrawal: - Authorized for up to 3 years - Used when immediate action is needed to protect resources - Triggers segregation while permanent withdrawal is considered
Effects of withdrawal: - No new mining claims can be located on withdrawn lands - Valid existing rights (VER) may be preserved - Existing claims with valid discoveries may continue - Surface management regulations still apply
Significant withdrawals affecting mining: - National monuments (Antiquities Act) - Wilderness areas (Wilderness Act of 1964) - Sage-grouse habitat withdrawals - Buffer zones around national parks
Withdrawal status must be verified before locating any mining claim on public lands.
Related Terms
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Valid Existing Rights
Mining claims that were properly located before a withdrawal or other restriction took effect and meet all requirements of the mining law.
Open to Entry
Public lands that are available for the location of mining claims under the Mining Law of 1872.
Segregation
The temporary withholding of public lands from appropriation under public land laws, typically pending a final decision on a proposed withdrawal.