[Title 32 CFR 644.25]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter J - REAL PROPERTY]
[Part 644 - REAL ESTATE HANDBOOK]
[Subpart A - Project Planning]
[Sec. 644.25 - Withdrawal of Public Domain for Defense Purposes.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE42002-07-012002-07-01false644.25Sec. 644.25NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)REAL PROPERTYREAL ESTATE HANDBOOKProject Planning
Sec. 644.25  Withdrawal of Public Domain for Defense Purposes.

    (a) The Act of Congress approved February 28, 1958 (Pub. L. 85-337, 
72 Stat. 27) provides that all withdrawals and reservations of public 
domain land, water, or land and water, or restrictions on use of areas 
in the Continental Shelf, aggregating an area of more than 5,000 acres 
for any one defense project, shall be by Act of Congress. Upon receipt 
of a request for withdrawal or reservation of lands of the public domain 
or for restrictions on exploration and exploitation in the Continental 
Shelf, and in order that the Chief of Engineers may present the project 
to higher authority for approval and submission to the Congress, if 
approved, the District Engineer will prepare and submit, through the 
Division Engineer, to HQDA (DAEN-REA-L) WASH DC 20314 a Real Estate 
Planning Report, including the following items.
    (1) A copy of the request from the Army or the using service.
    (2) Complete information relative to the eight items specified in 
section 3 of Pub. L. 85-337 (43 U.S.C. 156).
    (3) If the proposed withdrawal constitutes an expansion of an 
existing installation, pertinent data relative to the lands constituting 
the existing installation.
    (4) Information relative to outstanding mineral, grazing, water and 
other rights.
    (5) A statement as to the estimated cost:
    (i) Of extinguishing such rights; and
    (ii) Of suspending the exercise of such rights on a leasehold 
(annual rental) basis.
    (6) Map(s) indicating the exterior boundaries of the project; 
excepted areas, if any; location of mineral rights, water rights, and 
other resources discussed in the report.
    (b) The District Engineer will also prepare and include a draft of 
application for withdrawal covering the eight items specified in section 
3 of Pub. L. 85-337.
    (c) Upon receipt of the REPR and draft of application for 
withdrawal, the Chief of Engineers will prepare a Real Estate Directive.
    (d) The REPR, draft of application for withdrawal, and Real Estate 
Directive will be transmitted through the Chief of Staff and the 
appropriate Assistant Secretary of the Army to the Assistant Secretary 
of Defense (Manpower, Reserve Affairs and Logistics) for approval of the 
acquisition and for coordination with the Department of the Interior 
(Bureau of Land Management). Upon receipt of approval from the ASD 
(MRA&L), the Chief of Engineers will dispatch the application to the 
Department of the Interior and will draft the necessary legislation for 
processing through normal legislative channels.
    (e) It has been determined that the words ``in the aggregate'' in 
section 2 of Pub. L. 85-337 shall be interpreted as applying only to 
withdrawals of land since enactment of Pub. L. 85-337. For example, if 
4,500 acres of public land had been withdrawn prior to enactment of Pub. 
L. 85-337 and the new application for withdrawal covers 1,000 acres, the 
requirements of Pub. L. 85-337 do not have to be satisfied. If the new 
application covering 1,000 acres is honored and the withdrawal completed 
and a later requirement for 4,500 acres of public lands developed, the 
requirements of Pub. L. 85-337 would have to be satisfied.
    (f) Pub. L. 85-337 and the above instructions do not relate to the 
use of public lands under permit.
    (g) In Department of Air Force cases, the District Engineer will 
continue to prepare such REPR's and to furnish such other services as 
are requested by the Major Air Commands.
    (h) When the REPR contains a proposal for the acquisition of 
minerals, the local office of the Bureau of Land Management, Department 
of the Interior, will be furnished with a copy of

[[Page 126]]

the Mineral Section of the planning report, which will indicate the 
number and types of claims, areas involved, and the gross appraisal. 
Accompanying this Mineral Section will be a request that the Bureau of 
Land Management place an item in the next available budget for the funds 
required for the validation of the mineral claims involved. A copy of 
the Mineral Section, together with a copy of the request to the local 
office of the Bureau of Land Management, will be forwarded to HQDA 
(DAEN-REA-L) WASH DC 20314 for coordination with the Director, Bureau of 
Land Management, Department of the Interior, Washington, DC 20240.