[Congressional Record Volume 157, Number 37 (Friday, March 11, 2011)]
[House]
[Page H1769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 1038.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Congress has the express constitutional authority to manage 
     and convey federal lands, pursuant to Article IV, Section 3, 
     Clause 2 of the Constitution. This clause provides, in 
     relevant part: ``The Congress shall have Power to dispose of 
     and make all needful Rules and Regulations respecting the 
     Territory or other Property belonging to the United States . 
     . .'' Federal lands may only be appropriated by an act of 
     Congress. United States v. Fitzgerald, 40 U.S. (15 Pet.) 407, 
     421 (1841) (``No appropriation of public land can be made for 
     any purpose, but by authority of congress. By the third 
     section of the fourth article of the constitution of the 
     United States, power is given to congress to dispose of, and 
     make all needful rules and regulations respecting the 
     territory or other property belonging to the United 
     States.'')