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<doc callnum="HD243.U52 .U56 1976">
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		<mainTitle nfc="0"><title>Improvements needed in review of public land withdrawals, land set aside for special purposes, Department of the Interior, Department of Agriculture, General Services Administration</title>:<titleExt>report to the House Committee on Interior and Insular Affairs</titleExt>/<respStmt>by the Comptroller General of the United States.</respStmt></mainTitle>
		<titleVariant type="portion"><title>Land set aside for special purposes</title></titleVariant>
	</titleStmt>
	<authorStmt>
		<corpAuthor mainEntry="y"><name type="jurisdiction">United States.</name><subName>General Accounting Office.</subName></corpAuthor>
		<corpAuthor><name type="jurisdiction">United States.</name><subName>Congress.</subName><subName>House.</subName><subName>Committee on Interior and Insular Affairs.</subName></corpAuthor>
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	<imprint><pubPlace>Washington D.C.</pubPlace>:<pubName>U.S. General Accounting Office</pubName>,<pubDate>1976.</pubDate></imprint>
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			<subject cat="corp">United States.</subject>
			<subject cat="sub">Dept. of the Interior.</subject>
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		<locClass>
			<subject cat="corp">United States.</subject>
			<subject cat="sub">Dept. of Agriculture.</subject>
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		<locClass>
			<subject cat="corp">United States.</subject>
			<subject cat="sub">General Services Administration.</subject>
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		<locClass>
			<subject cat="top">Public lands</subject>
			<subject cat="geo">United States.</subject>
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<pb n="1" />

                                                                                                                                         J__    d-1430.Q

                                        -PIESTRIMED
                                                                                             outstdo thi
                                         Account*
                                                      a                     I .  . .1 :' "-@sfs of SP ec
                                        by the Office oi C,;_

                I M
                                           REPOR T TO THE HO USE COj@ AIMITTEE
                                           ON INTERIOR AND INS ULAKAFFAIRS..

                                                                                                                     'ERA       L
                                           BY THE COYIPTROLLE17?GEIN
                                           OF THE UNITED STATES

                                                                                                         PrOPOPE.Y.         Of    CSC    Libirary
                                                                   COASTAL ZONE
                                                                   INFORMATION CENTER
                                           Improvements                                Needed                 In. Review
                                           Of. PuNic tand                               Witndrawals.,
                                                 Land            Set Aside                     For Special,
                                           Purposes,

                                           Departmerit of the Interior
                                                                                                                                       L
                                           D e p a; r tm en -LL  of Agriculture                          ZIC              COL              E.CT10@1_1_--
       ?                                                        -vi,e Administration
                                           General Ser                  s

                                           Oublic    land withdrawals generally          are    not.
                                           being reviewed to determine whether,               the%i
                                                     re
        jo                                 shouid      main in effeCtL and those reviewed
                                           are not being revoked expeditiously.             fA  any
                                           obsolete public land withdrawals exist              and
                                           m;ty prchibit the most effective use of public
                     R                     land. Coordination is necessary between                   L
                                                       involved in    land programs to help
                                           agencies                                              J;CL      U       DEPARTMENT        OF COMMERCE
                                           avoia duplication of       effort ;n certain pub                                                              NO A.A
                                           land activities.                                              -COASTAL SERVICES,CENTER
                                                                                                         2234      SOUTH     HOBSON AVENUE
                                                                                                         CHARLESTON,L           SC     29405-24 1,

                           HD                                                                        t'@ 0 V.,1E; L,   @Cj  7
                                                D-76   159                                                                     b
                           243
                             U52
                                                                                                     C

                           U56
                           1976
<pb n="2" />

                                    cow

        TO THE READER:
              SE VERA L PA GES OF THE FOLL 0 WIN(; HA TER /A L
              MA Y BE ILLEGIBLE: BECA USE OF THE POOR
              QUALITY OF THE.COPY SUBMITTED FOR
              MICROFILMING

                                  COASTAL ZONE
                                  INFORMATION CENTER
<pb n="3" />

          COMPTROLLER GENERAL OF THE UNITED STATES
             WASHINGTON, D.C. 23348

B-184196

The Honorable James A. Haley, Chairman
Committee on Interior and Insular Affairs
House of Representatives

Dear Mr. Chairman:
 This report describes the Department of the Interior's
Bureau of Land Management procedures for reviewing and re-
voking public land withdrawals. We made this review pursuant
to your October 7, 1975, request. This report covers our
review of public lands withdrawn in the State of California.

 We discussed our findings with agency officials during
our review and their comments have been included herein.
However, in accordance with a request from your office, we
have not obtained formal agency comments.

 This report contains recommendations to the Secretary
of the Interior, which are set forth on pages 21 and 22.
As you know, Section 236 of the Legislative Reorganization
Act of 1970 requires the head of a Federal agency to submit
a written statement on actions taken on our recommendations
to the House and Senate Committees on Government Operations
not later than 60 days after the date of the report and to
the House and Senate Committees on Appropriations with the
agency's first request for appropriations made more than
60 days after the date of the report. We will be in touch
with your office in the near future to arrange for the
release of the report so that the requirements of Section
236 can be set in motion.

                Sincerely yours

                Comptroller General
                of the United States
<pb n="4" />

                                       C0  N  TE N   TS

                                                                              Page

             DIGEST,,

             CHAPTER

                       INTRODUCTION
                            Processing  withdrawal.and   revocatidn
                              applications                                      3
                            Interior's  responsibility   for reviewing
                              existing  withdrawals                             3
                            General Services Administration's
                              responsibility for reviewing
                              withdrawals of public lands                       4
                            RPviews.of.withdrawal    program@                   5

                21     -IMPROVEMENTS  NEEDED IN  WITHDRAWAL'REVIE,.W
                         AND  REVOCATION PROGRAMS                               .7
                            Bureau'.s  failure to implement a
                              comprehensive review program     has
                              allowed obsolete withdrawals     to
                              continue                                          7
                         ..Need for coordinating     .review activities
                              between GSA and the    Bureau                    15
                            The Bureau's withdrawal restoration
                              program is   untimely                            18

                3      CONCLUSIONS AND   RECOMMENDATIONS.                      21
                            Conclusions                                        21
                            Recommendat ions  to the  Secretary  of
                                                                               21
                              the Interior

                4      SCOPE  OF REVIEW                                        23

             APPENDIX

                       October 7, 1975,    letter  from theChairman't,
                         .House Committee   on Interior  and  Insular
                         Affairs                                               24

                II     Withdrawals   on Forest Service   lands                 26

                                        ABBREVIATIONS

             GSA       General  Services Administration
             OMB       Office  of Management   and Budget
<pb n="5" />

     ..-.COMPTROLLER GENERAL'S REPORT        IMPROVEMENTS.NEEDED   IN.R.,EVIEW,
       TO THE HOUSE  COMMITTFE, ON           OF PUBLIC LAND WITHDRAWALS_
        ,INTERIOR AND.IINSULAR AFFAIRS       LAND SET ASIDE  FO,R,,,SPECIAL
                                             PURPOSES
                                             Department.of the  Intirlor
                                             Department of, Agriculture
                                             General  services Administration,

          D  I G E,S T-

                About 517 million  acres  of our Nation's public
                lands have been "withdrawn"      Federal agencies.
                Generally, withdrawals are   defined as  statutory,
                or administrative  actions restricting    or segre-
                gating public lands from settlement, entry'  ,
                location,:or disposal under some or all of,the
                general land laws.   Use ofthe land thereafter,
                is limited to the specific purpose or,purposes
                for. which it was withdrawn.

                These -purposes include recreation   ar  eas, wilder-,
                nelss areas,.national parks,  and many others.    The
                Secretary of  the Interiorand the    Administrator
                of General 'Services have responsibility for re-.
                viewing the status of certain withdrawn lands...
                the Secretary ha:s delegated  his-authority to
                the,Bureau of Land Management in.the Departm-ent.

                A GAO review of land withdrawals in California
                showed that the  Bureau had notestablished a:
                comprehensive program.to review land.withdrawais.
                primarily under. its jurisdiction.    In many.cases
                a,review was not made, or, if made, it was limited
                to identifying withdrawals, rather than determining
                whetherany were obsolete and should,ha    've been
                revoked. Many old withdrawals exist some made in.
                the early 1900s--and had not been review6d. There-
                -fore, a determination of whether the lands,should
                still be:set aside for the purposes intended could
                notbe made. In addition, a program to determine
                that.other agencies' withdrawals are reviewed
                hadnot been instituted.      (See pages 7 and 21.)

                GAO also found that the   Bureau and the Genera 1_
                Services Ac-ninistration had overlapping respc;nsi-
                bilities f,@.:* reviewing withdrawals--primarily
                concernina those for military purposes.

                GAO found also that the Bureau   had not processed
                revocation applications.  submitted  to it by other

          Tear Shee Upon removal. the report                      CED-76-153
          Cover date should be notedhereon.

   7:
<pb n="6" />

agencies in a timely manner so that the land with-
drawn can be returned to the public land inventory.
Some withdrawal revocation applications were about
19 years old, and the Bureau took an average of 4
years to process such applications. A Bureau of
Reclamation official said that the failure of
the Bureau of Land Management to act promptly
on proposed revocation applications would result
in requiring reanalysis and updating as field
conditions may have changed since revocations
were submitted.  (See pages 18-20.)

To determine benefits which could be derived from
an effective review program, GAO examined land
withdrawals within the Placer-El Dorado land use
planning unit of the Bureau's folsom District
of California. A Bureau's official in California
said that the withdrawals within this district
office was representative of the Bureau's program
in the State. The geographic boundaries of the
unit include about 1.1 million acres and contain
about 300,000 acres of Bureau and Forest Service
lands. Many obsolete withdrawals exist and some
of the withdrawn lands may be used more effectively
for other purposes.  (See page 8.)

Within the Placer-El Dorado planning unit, about
27 percent of the total 443,720 acres of withdrawn
lands GAO reviewed may no longer be needed for
the purposes designated. These lands should be
reviewed by the Burueau and, if appropriate, the
withdrawal should be revoked. For example, on the
basis of reviews conducted by the Geological Survey
on powersite withdrawals, GAO estimates that of
the 126,344 acres in the unit, about 82,000 acres
may be obsolete and need to be reviewed.

GAO also examined withdrawals in the Eldorado and
Los Padres National Forests and the John Muir and
San Gabriel Wilderness area and 14 withdrawals
in other national forests which appeared to be
serving no useful purpose. On the basis of informa-
tion provided by officials of the Forest Service
and Geological Survey, of the 314 withdrawals
totaling 1,722,741 acres which GAO examined, about
358,544 acres in 174 withdrawals were not needed
for the purposes withdrawn.  (See page 13.)

Interior officials said that a comprehensive with-
drawal review program has not been implemented
because its staff concentrated on higher priority

          ii
<pb n="7" />

        N

                      land  use  programs,.    such a s energy   and- grazing.,
                      They. said   that   Interior  could   not  unilaterally
                      revoke lands    withdrawn.   by  other   agencies   without
                      the agencies' approval       and had experienced.dif@fi-                             L
                      culty in   getting.,these    agencies     to cooperatein
                      a..review  program.

                      Because  withdrawals plate       restrictions    on    the
                      Use of  public lands,     unnecessary      restrictions
                      should  be removed as     soon   as  possible.      Even,
                      thou@gh there may be no urgent short-term need.
                      to revoke obsolete land.withdrawal:,, it is doubt-
                      ful that effective land use management plans             'can
                      be formulated and obtained while the land is
                      withdrawn   for purposes no longer appropriate.
                      'A departmental task force has been established,-
                      to review   the heed for a withdrawal         review system.

                      on October   21,  1976,   Public   Law 94-579,      the
                      Federal Land Policy and Management Act of 1976,,
                      became law.     In part, this     act requires:

                      --the  Secretary to review       the need   for  ekisting
                        withdrawals in certain States within           15    years
                        of  the  date of theact;       and

                      --on  and  after the    date  of  ap'roval    of the   Act
                                                           p
                        new  withdrawals    to  be  limited to    certain    periods
                        of time, generally      20  years, and    to, 'be reviewed
                        toward   the end,of the     withdrawal    period.-,
                      Based  on  'our review,   we  believe the    Secretary of.
                      the interior, in implementirg the recently             enacted.
                      legislatlion,,should:....

                        Establish   in  the  Department and withthe          co-
                      ...operation  of  other land holding agencies, a
                        coordinated comprehensive program to expedi-
                        tiously,revoke all withdrawals no@lohqer             needed.

                      --Work with   the  Administrator.of General Services
                        to define   each,agency's.withdrawal review re-
                        sponsibilities     to avoid.duplication of effort
                        In  reviewing the need for withdrawals.

                      In developing    an  effective    withdrawal    review pro-
                      gram, the Secretary should        consider establishing,
                      to the extent    practicable,     timeframe guidelines
                      for Bureau processing of agency revocation appli-

               Tear Shee
<pb n="8" />

cations to assist the administering agencies in
their land use planning.  (See page 22.)

GAO's findings were discussed with agency officials
and their comments have been included. However,
in accordance with the Committee's request, no
formal agency comments have been obtained.

 Tear Sheet
                       iv
<pb n="9" />

                                           CHAPTER    1,

                                         INTRODUCTION

                   In an   October  7,  19?5, letter,  the  Cha. rman  o,:, the
             House   Committee on   Interior  and Insular   Mfair's rei"uested
             us  to review   the adequacy  of Federal   procedures   foi-, reviewing
             existing public land withdrawals and       revoking obsolete with-
             drawals  in   Cali fornia.  Generally, land    withdrawals   are
             defined  as  statutory or   administrative actions which restrict
             or segregate public lands from settlement, entry, location, or
             disposal under'some or all of the@general land laws          and limit
             the use of the land to the     specific-. purpose or pur-poses   for
            @which it was withdrawn.

                   The Secretary   of the Interior.    is vested by statute   and
                                                       for  withdrawing   public
             Executive order   with*responsibility J.
             domain or other   lands o..med   or controlled. by the    United States
             for public purposes and     for  returning  the lands.to an unwith-
             dra'wn,status when the need for,the       withdrawal,no longer   exists.

                   Withdrawals.are   made under suchlautho'.:izations     as:,

                   --Special  acts of Congress    which.. designate  the  specific
                     area that.will   be set   aside,, such as the   Wilderness
                     Act ot September    3, 1964  (16 U.S.C. 1131    et seq.).

                   --The Act  of  June  25, 1910,  ch..421 (43 U.S.C. 141.,     142
                     and 16 U.S..C. 471),which allows the President-to@with.-
                     draw public  jands for     waterpower  sites,  irrigation,
                     classification.of.lands, or other public purposes.
                   --The implied.authori,ty    of the  President   to ma ke  with-
                     drawals for   various. purposes.

                   The Bureau of    Land Management    (Bureau) in  the Department
             of the Interior, is responsible for reviewing all proposed-
             withdrawals.and restorations to insure that.the proposed
             action is needed:and in' thenational interest.          In additiont
             the Bureau is responsible for'developing and1conducting,:in
             cooperation with other bureaus and agencies,        a comprehensive
             review progrant to make.certain that existing       withdrawals are
             still   ne,eded for the purposes for which     they were   withdrawn.
<pb n="10" />

                      On  the    basis uf  the Bureau's mo               u
                                                             st  recent p biic   land
                                                                            -ids!/  in.
                statistics,      of th,,? 704  million acres of public   lai
                the U,ni,@ed Stat es,  517   million  acres, or about    73,peFcent,
                as.of  June 30,   1974,   had been  withdrawn,    including about 66
                                                                            unds in
                percent of the    42.7 million acres.of      the   public  lf@'
                California,.     The following table shows the amount        of with
                drawn  public,lands in     the United States and       in California,
                by  administering agency.

                                      Withd awn-Public-Laiids
                                             r

                                   -agency                    -3. States...
                    Administering                        Unite,                California
                                                                       (Acres)
                Department   of  the Interior:
                    ..Bureau of  Land  Manage,ment        281,0192,309         @1,007,72.8
                    Fish and     Wildlife Service         26,891,395                2,240
                    National     Park Service             19,834,785           3,855,936
                    Bureau   of  Reclamation                5,664,546          @@863,7231
                    Bureau   of  Indian.Affairs             4,2O4r849               0
                Deoartment   of  Agriculture:
                    Forest   Service                      160,193,401
                Department of    Defense                  17,046,346           2,628,985
                Atomic  Energy   Commission                 1,438,470               0
                other departments    and
                                                                               .... 2;024
                  agencie's                               -550;535
                    To@al                                516,916-636           28;087j752
                     Public lands    can be@withdrawn     for more   than  one purpose
                provided subsequent withdrawals       do  not conflict with    the
                intent of earlier withdrawals.        Fo r example, of.the,19.7
                million acres,of withdrawn Forest Service land         s in California,
                about 2.6 million a.crer, have been withdrawn for        various pur-
                poses such as wilderness areas,       wild and scenic    rivers,.natu.ral
             -history areas, experimental forests, recreation            areas, and
                watershed prote,ction.

                  ..........

             ..l/Public lands are    defined   as.'original public     domain  lands
                 which have never    left Federal     ownership   or   lands  obtained
                 by the Government in exchange        for public lands but do not
                 include about 56.7.million.acres acquired           by the Government
                 generally through.purchase,       condemnation,     or gift,  which
                 are,called acquired lands.

                                                   2
<pb n="11" />

                     The:'restoration      of withdrawn    publ ic   lands  are    made
              under the same authority used to make the                wi thdrawals.     A.
              st.at.utory  withdrawal, such       as for.   a  wilderness   area   .or a
              national par*K,      can  only   be restored    bythe Congress,        unless.,
              thewithdrawal        act specifically provides         otherwise.

              PROCESSING WITHDRAWAL        AND
              REVOCATICN APPLICATIONS

                     Except for withdrawals specifically             made  by  the   Congress,
              Federal agencies' applications for withdrawing public lands,
              or for revoking'a       withdrawal,order are processed by the
              Bureau. Applications containing the requesting agency's
              justification and supportingdata for theproposed action--are
              submitted to th'e.appropriate State office of the Bureau.                     For
              withdrawals of land,the applicant agency must Submit an
              environmental assessment.           For revocation actj;ns, the Bureau
              is to make the environmental assessment for land                 that will be
              returned to its control. A mineral report -is, also requ @.--d
              if-the withdrawal       is:expect              fect mining.      The re,@-)z7t  is
                                                  ed to af
              to be   prepared by     the request.i.ng agency,if it has,@enough           staff.;
              otherwise, it is to be prepared by the Bureau.

                     The  Bureau reviews      the withdrawal      or revocation      applica-
              tion   and  makes a    f i e'L dexamination to determine        whether    the
              request    shouldbe approved. After the             review, the Bureau
              reports    its findings and.recommendations to the Secretary of
              the Interior. W.hen a withdrawal or revocationapplication is
              approved, a Public Land Order i          s'.published.    in the    Federal
              Register.

              INTERIOR'S RESPONSIBIjITY FOR
              REVIEWING    EXISTING WITHDRAWALS

                     Congressional approval'is         needed,    under   the, Act   of
              February 28, 1958 (43 U.S.C. 155 et seq.) , for. military                  with-
              drawalslin     excess of, 5,000     acres.     The Congress#     however,
              does not review other types           of land.withdrawals.

                     On  Mav  26, 1952,    the   President, by Executive         Order   10355,
              authorized     the Secretary of      the Interior to       make  withdrawals
              and revocations of public          domain lands.       The  Secretary    was
              authori,zed    to issue rules      and regulations prescribing proce-
              dures to carry out this responsibility.                The Secretary's
              authority was.limited because no order affecting                 land under
              the  administrative jurisd'CLtion of           'any executive    departments
             .or agencies, other than the Departme@fit of the Interior, could
              be issued by the Secretary, without-the prior`cnnciur                Irenceof
              the  Department or, agency concerned.            Disagreements1can be
              referred to the       Office   of  Management     and  Budget.. (OMB)    for
              resolution.

                                                      3.

                                                                                                        J
<pb n="12" />

                          The   Order did, not   specifically    state   that    the  Secretary
                   @should have a program to review existing withdreiwals. The
                   Secretary, has.,   however ,   established    a  policy   r eq u ir irig a,
                   current and continuing review of all withdrawalv                nd   has
                                                                                   a
                   assigned    this  responsibility to the       Bureau.

                          The Eureauls"12 State offices administer            th e withdrawal
                   and  revocation activities, including the Bureau's              review
                   'program.    The land withdrawal 'review program isa            par t of
                   the Bureau's planning unit system. Under this system., the.,_
                   Bureau's district offices, within the 12 State offices,                 are
                   divided into planning units which.are specific geographic
                   areas within a district office.           The planning unit is to
                   record and analyze      inventory data on its land and the land's
                   resource conditions      and capabilities. The data gathered             for.
                   each  planning unit     is to include a list of withdrawals by
                   t pe,  acreage, and     agency involved., Each withdrawal'is to
                    y
                   be analyzed periodically--no specific timeframes have been
                   established to determin6-(I) whether its,purpose is being
                   served, (2) its effect or.       segregating     lands from settlement,.
                   location,. sale ,   selection, entry, lease, and,.'other forms ot
                   disposal under     the public,land laws, and (3)'the;effect of.
                   theyithdrawal      on the management of lands, resources, and
                   otber possible     users.

                   GENERAL   SERVICES ADMINISTRATION'S.
                                   TY FOR   RE
                   RESPONSIBILI               VIEWING
                   WITHDRAWALS OF     PUBLICLANDS

                         On  February 10,     1970, the    President,    by  Executive     Order
                   11508., as' amended by     Executive    Order  11560   on   September   23,
                   1970, 2stablished.a program to          improve management      of   the
                   real property resources of the          Federal. Government.        The
                   Administrator of General Services was ordered to-establish
                   uniform standards and       procedures for 'identifying real property
                   not being utilized or       being underutilized. These standards
                   and procedures were to,be used by executive agencies in
                   Completing surveys of       all real property under their control.
                   The agencies were to report a li.sting of thi@ properties and
                   the use of the     properties to the Administrator. In addition,
                   the Administrator was       ordered to make a survey of real property
                   holdings of all executive agencies to identify'properties
                   which, in.his.judgment,.were not being utilized or were being
                   underutilized.

                         The Administrator was       to report to     the President      those
                   properties which.had not       been   reported    excessive     by the
                   administering     agency but    which,.in the     Administrator's       judg-
                   ment, should have been.         In accor.d with the Federal Property
                   Management Regulations, if a conflict exists between the
                   General Services Administration (GSA),,and an executiveagencyo,
                   the  case  is to be sent     to  OMB  for resolution. Land management

                                                         4
<pb n="13" />

                    agencies    are@  to conduct     annual   utilization     review's  of  their
                    real   property     holdings   and   to   report  this. to  GSA.    The  majority.
                                                                               Ject   to. review
                    of  the  lands listed       in the   inventory   and.  suM
                    are    those lands   withdrawn      for   military  purposes.
                           Executive Order      115,08,       as amended, specifically     excluded.
                    froim1review    14nds withdrawnfor         national    forests   and   par ks,.
                    These orders were superseded by             Executive    0
                                                                              r&amp;.r 11724 of
                    June   25, 19731 which      additionally excluded         from review wild-
                    life   reserves. A GSA official said many'other withdrawn
                    lands   administered by      the Bureau, such as         po,wersites:and
                    wildlife management areas, were           exclud.e@d   from  GSA's review.
                    REVIEWS    OF  WITHDRAWAL    PROGRAM

                               June 1970    the Public Land       Law Review   Commission
                    submitted a report with recommlendations.l.to-the Pre               s ident  and
                    the:Congress,'for      policy guidelines for         the.retention       and
                    management    ordisposition of            Federal lands.
                           The Commission'had been            established  by  the Congress.
                    (43 U.S.C.    1393) on September 19, 1964, to study existing
                    laws   and procedures relating            to the' administration    of the
                    public  2ands of.the United States.            The Commission       recommended.
                    that @a complete review of all
                                                              :existing withdrawals,be under
                    taken immediately to        provide,      a-basis for eliminating those
                    that   no longer serve      a  useful     purpose and for modifying.those
                    that   are unnedessarily.large. It recommende&amp;also that the:"
                    Congress   establish a      formal progr,am under which withdrawals
                    would  be. per@odically     reviewed      and rejustified or modified.
                                                ted    that   the authority.6f     the Secretary
                           Th eCommission no
                    of the Interior to effect        modifications or revocations            of
                    :withdrawals of lands.administered by an age             ncy outside    of the
                    @Department.was limited because existing procedures.give the
                    administering agency veto power           over modifications.or.changes
                    in a withdrawal of lands made for its benefit...-,Thus the''.
                    effectiveness of having agencies review their own withdrawa                  ls
                    is dubious, unless legislation is enacted requiring a periodic
                    mandatory reconsideration of. thewithdra.wal. According to.
                    the Commission,:the responsibility            for review',@and where
                    required the modification and terriination of withdrawals,
                    should rest with the same officer, who has' the authority to
                    make withdrawals.
                           Concerned   about    the amount    of  public,lands that       bave.
                 .,been withdrawn     from mineral entry,         the Secretary of,the
                    Interior, in January        1976, established     a departmental       task
                    force, consisting of        various representatives        of.the Department,

                                                              .5
<pb n="14" />

including the Bureau, (1) to determine which lands have been
withdrawn, segregated, or otherwise restricted from mineral
exploration and development, (2) to review present policies
and procedures governing withdrawal of public lands and, to
review modification and termination of withdrawals and re-
strictions, and (3) to review alternatives to the present
withdrawal system. The task force is to make a recommendation
to the Secretary by December 31, 1976, on the need to establish
a system to periiodically review existing withdrawals and
determine tha continued need for them.

            6
<pb n="15" />

                CHAPTER 2
       IMPROVEMENTS NEEDED IN
     WITHDRAWAL REVIEW AND REVOCATION PROGRAMS

  Many withdrawals have not been reviewed for long periods
and are no longer necessary. As a result, some land which
could be mined, disposed of, or otherwise incorporated into
land use management programs are not being used in these ways.
These lands remain in a withdrawn status because (1) the
Bureau has not fully inplemented a comprehensive program to
review withdrawals on its lands or on lands administered by
other agencies and (2) there are major delays in processing
revocation applications. Also coordination is needed between
the agencies involved with public lands to avoid possible
duplication in reviewing the status of withdrawn land.

 Bureau headquarters  and State officials said tha a
comprehensive withdrawal review program has not been imple-
mented because (1) the Bureau's staff concentrated on higher
priority land use programs, such as energy and grazing, and
(2) withdrawal reviews made by the Bureau in the past were
ineffective as the Bureau did not have the authority to revoke
withdrawals without the administering agency's approval.

 Headquarters officials said that the Bureau has no
specific criteria for dtermining whether withdrawn lands
were no longer needed for the purpose they were originally
withdrawn and that the Bureau relied on the administering
agency to identify lands no longer needed. However, these
officials added, if withdrawals were limited to specific
periods, when the expiration date is near, a decision would
have to be made concerning the need for the withdrawn land.
The officials said that consideration is being given to
implementing this procedure for all new withdrawals.

BUREAU'S FAILURE TO IMPLEMENT A
COMPREHENSIVE REVIEW PROGRAM HAS
ALLOWED OBSOLETE WITHDRAWALS TO CONTINUE

 In October 1975 the Assistant Secretary for Land and
Water Resouces stated before the House Subcommittee on
Public Lands, Interior and Insular Affairs Committee, that
the Bureau's planning system enables the Department to
regularly  review land withdrawals. He further stated that
as a result of the withdrawal review program, initiated
during the latter part of  the 1950's there was a continuous,
comprehensive withdrawal review program with special emphasis
on Department of the Interior withdrawals. According to the

            7
<pb n="16" />

Department's procedures, withdrawals are considered obsolete
and are to be revoked when they no longer are needed for the
purpose for which they were withdrawn.

  We found, however, that although the Bureau had
established a program to review withdrawals on lands pri-
marily under its jurisdiction, in many cases a review was
not made, and, if made, it was limited to identifying with-
drawals rather than determining whether any were obsolete
and should have been revoked. In addition, a program to
assure that other agencies' withdrawals are reviewed has not
been instituted.

  To detemine the benefits which could be derived from
an effective review program, we examined land withdrawals
within the Placer-El Dorado land use planning unit of the
Bureau's Folsom District of California. According to a
Bureau State official, the withdrawals within this district
office were representative of the Bureau's program in the
State. The geographic boundaries of the unit include about
1.1 million acres and contain about 300,000 acres of Bureau
and Forest Service lands.

     Placer-El Dorado Land Use Planning Unit
 Characteristics               Acreage
Public lands:
  Bureau lands                 38,840
  Forest Service lands        259,350
Private lands                 807,730
   Total                     1,105,920
  Because of the incomplete records, we were unable to
specifically determine the total acres of withdrawals, which
may be obsolete, by the administering agency. However,
on the basis of discussions with officials of th Bureau
of Reclamation, Geological Survey, Forest Service, and
the Bureau, we estimated that withdrawals for about 119,034
acres or 27 percent of the 443,720 acres withdrawn may be
obsolete--no longer needed for the purposes for which they
were withdrawn--and should be reviewed. The following table
shows the total withdrawals which may be obsolete which we
were able to identify by type.

                       8
<pb n="17" />

                                     Publial-Land-Withdrawals In The
                                Placer-El    DC:
                                                      Land. Use   PlanRIng@.un    tt

                                                                 Withdrawn       :Nestionable
                      lype   of  withdrawal                       acrea,ge.@        acreage
                 Withdrawn for     national     forest            259r350
                 Administrative      site's
                                                                       599@
                 Recreation areas
                                                                            5
                 Roadside, zones'                                    1,427
                 Pine, seed orchard                                    212
                 Forest experimental.stations                           40
                 Withdrawn pending resurvey                          6,579             6,579
                 Withdrawn t.o.protect redwoods                   l4r562             14,562
                 Quail watering devices@.                              448
                 Reclamation. projects.                           22,
                                                                       600           10,396
                 Proposed reclamatir,,n projects                   '9  283
                 Federal Power-Commission        power-@
                   projects
                                                                  51,467            .32,824
                 -Pow.ersite- classifications                     50'r233-
                                                                                     34,549
                 Powersite reserves                               24,464             14,949
                 Reservoir site reserves.                              180               126
                 Corps  of Engi4e   ers
                                                                       850
                 .,Withdrawn pending    survey                         721'              721
                 'Withdrawn pending     inclusion     into
                   the  national.forest                                640               640

                      Total.
                                                              a/443 720          a/119,034
                 A/The total acreage       of withdrawn    public lands     and  questionable'.
                   acreage   'includes lands,    withdrawn     for more. than one, purpose.
                       The revocation      of withdrawal,s     may not always    result in
                 the. lands being. available for new or different uses because
                 many  withdrawals    are   secondary.     Although the     revocation of..
                 secondary withdrawal                 mit  certain uses     of the.land
                                         I s may per
                 previously restricted, other restrictions may              still remainL
                 ,depending on the limitations, if any,Amposed              by previous with
                 drawals.    For:example, theL.revocation.of secondary withdrawals
                 on Forest Service lands will not open the lands o all possible
                 uses because national.forests wereoriginally               established
                 through withdrawals which         also  impose   certain   Llimitations     on
                 the use of lands.

                 Withdrawals   on  1 and
                 admin stered   Lby the Bureau.,
                      We examined     the  land. withdrawal. invent     Iory..data  for 31   of
                 the 73 Bureau     planning,  units   in.California     and   found  that    for

                                                       9.
<pb n="18" />

                16P  inventory   listings--whi,ch    were to  include    des(-,!riptions'
                of the  property,,  property   boundaries,                   11ithdrawal,
                                                              purpose of
                and  other. data--were   not given.     Therefore an     analysis   to
                determine   the  total  Bureau withdrawals-which       were   obsolete
                'could not  be made.

                      According   to Bureau.officials,      some of the   withdrawals
                related to   thosefor powersites or national:forests.             For
                example, within.the Placer-El Dorado planning unit, 126,344"
                ac.res, including some Bureau-administered.lands,,are in
                'power project- or reservoir-related wi       'thdrawals.. Powersite
                withdrawals limit the freedom of the' land management agencies
                to use, exchange,, or dispose of the landsi but the lands may
            ..:dontinue to be used for other purposes, such            as grazing and
                recreation,   with the understanding that power, development
                cannot.be precluded by suchuse.

                      Concerned withmaintaining a%current          inventory    of  lands
                with-P ,otential,for.power-related uses, the Geological Survey,
                has.been, independently     reviewing    these withdrawals"sincLA 1955..
                A Bureau official said, however,.       that  the  Bureau.had not
                entered into.any cooperative withdrawal review program with.
                other agencies with%n the Department or with other depart-
                ments primarily because of the lack of.staff to work with
                the.agencies and.the agencies' information.

                      On the,basis of reviews conducted'by         the   Geological
                Survey on powersite withdrawals, we estimate,that, of the
                126,344 acres in the unit we reviewed, about 82,0,00.acres@@..
                are  questionable and need to be reviewed.        " Some of these
                lands-1. administered by the Bureau, are isolated parcels,
                        a result the Bureau cannot manage them effectively.
                For  example, of a 3,20-acre    parcel ofland      withdrawn 62 years:.
                ago  for a powersite reserve,-.140 acres are surrounded by-,
                private.ranch lands with no public roa,ds'leading into the,
                property.

                      A Bureau   official agreed-that     the@land had    little
                 power  value,* and.the withdrawal should be revoked-because
                it is-unaccessible and therefore cannot be used           for-power
                Purposes. The     official said that,     if the withdrawal was
                revoked, attempts could be made.to        sell the entire 320-acre
                parcel to private land owners.

                      He said that there     were other   powersite withdrawals
                which.he was aware of that were not serving their intended
                purpose bu't-that they should hot be revoked.because the
                withdrawals keep the land in public ownership.            For examplef
                ..he cited a 110-acre parcel encumbered by four withdrawals,,
                the oldest of which.is over 61 years old. The land is bordered
                by,a  public highway,    the American    River, and private     property,

                                                   10
<pb n="19" />

                                                                                                      s

                   Revoking   the withdrawal   action  on this.parcel,   the
             ..official said, would serve'no public purpose and would com-.
             plicate   the Bureau's  management. of   the land because   the
             withdrawal protected    the land   from- disposal actions -and
             mining.claims    and provided the Bureau with the opportunity
             to manage the    land for the general    public.   However, the
             Bureau has.not developed the land for general public use,
             although an official stated that plans were being.made to,
             use the land as                                     r rafters using
                                an overnight resting place     f -0
             'the American River.

                  @In our opinion, retaining     obsolete withdrawals allows
             the  Bureau to delay deciding     on whether the   lands.will be
             disposed of or managed for the      benefit of the   general public.,i
             In December 1975 the Bureau headquarters issued.instructions
             on staff reportingrequirements       forproposed    withdrawals
             @and revocation actions.     The new instruction    memorandum said
             that revocation actions would not be,postponed merely to
             continue segregating the land forthe Bureau's administrative
             convenience      If there is justification for continued pro-
           .@tection, it should be.accomplished through.the protective'
             withdrawal process, or by classification action,,if appro-
             priate. These instructions, if properly'carried out,, could
             resulc in1more expeditiously restoring of obsolete withdrawals,
             allowing the landto be used for other purposes.and.resulting
             In better management of.public lands.,
                  An example of    an obsolete withdrawal    on'land  administered
             by the Bureau is 640.acres of a parcel of       land withdrawn 52
             years ago for    inclusion in the Tahoe   National Forest'     How-
             ever, these 640 acres have never been added to the forest.
             A Bureau official and a Forest Service offic,lal said       "@they
             did not know why the lands were not included.into. the national
             forest.   The Bureau official said it was time       that a decision
             'was made on the.disposition of the lands. The        Forest.Service
             official said excluding.these lands was probably anoversight
             at the time the lands were withdrawn.. The lands consist of
             four isolated parcels and are surroundedby private and
             national forest lands.     The lands, the administrative're-
                           of the Bureau, are being managed for their
             sponsi
             timber  resources. A Bureau official'said that        the lands'
             remoteness from other Bureau-administered lands made the lands
             difficult to manage and that the lands,could be        more easily
             managed by the Forest Service@.     A Forest Service official
             said that the lands could be managed by the Tahoe National.
                                                timber wildlife, and water-.
             Forestlin conjunctionwith      1
             shed protection management      programs.

                  A Bureau State official stated      that if  the. 'Bureau was
             given additional   funds and   staff,  a withdrawal   review   program
<pb n="20" />

could be implemented. In addition, a Bureau headquarters
official said that, to have a comprehensive withdrawal
review program, the Bureau would need (1) additional staff,
(2) enough time to make an adequate review, and (3) the
authority to force holding agencies to release obsolete
withdrawals. A Bureau official also said the Bureau never
specifically requested additional staff for its withdrawal
review program in the past. The official said, however,
that, for the fiscal year 1978 budget, the Bureau had
specifically requested 11 positioins for the withdrawal review
program.

Withdrawal of Land Administered
by Forest Service

  Although the bureau has overall resposibility for
insuring that all existing withdrawals are reviewed, it has
not developed a withdrawal review program for withdrawals
of other agencies. Bureau officials at the State Level and
headquarters officials said that from 1956 to 1964 they tried
to implement a comprehensive review program of other agencies'
withdrawals. They said, however, that past programs were
ineffective because the Bureau lacked the authority to uni-
laterally revoke withdrawals which the agencies believed
were needed but which the Bureau believed should be modified
and/or revoked.

  The Forest Service is the Government's second largest
land management agency with about 160 million acres of with-
drawn public land. Forest Service officials told us that
it considers land withdrawal reviews a low priority program
function and that it had not established an internal review
program. As a result, about 259,350 acres, or 87 percent,
of the public lands within the Placer-El Dorado land use
planning unit were not subject to the Bureau's review pro-
cedures because this acreage was administered by the Forest
Service.

  Forest Service instructions permit regional foresters
to initiate actions to revoke withdrawals when the lands are
no longer needed for the purposes withdrawn. Forest Service
officials in California said there was no incentive to
establish a review program. With the exception of its land
exchange program, most withdrawals do not greatly affect
Forest Service land use management programs, thus reviewing
them is considered a low priority, In addition, they said
withdrawals made by the Forest Service, although not being
used for the purpose withdrawn, served to keep the illegal
miners off the land. These miners are considered squatters
and trespassers who, under the Mining Law of 1872, (17 Stat.
91) established claims for purposes other than mining, such

             12
<pb n="21" />

             as_ su mmer cab in   sites.'  According    to the  Forest  Se, rV ice,
             these activities     can  be controlled     by  retaining  the   land
             in  a withdrawn    status.

                  'We believe    obsolete    land withdrawals     should  be.revoked
             and  the land not kept     in.a withdrawn status,      pr, imar i 1 yf or
             the  convenience of the administering agency.           , The Bureau's
             December 1975    instruction memorandum generally supports           our
             position.. If    the  lands are needed for otherpurposess,          new
             withdrawals should be      justified.
                   We identified.several examplesof.a           potentially'obsolete
           ....land withdrawal in need of review under Forest Service.
             administration.within      the Placer-El Dorado land       use planning
             unit. In one caseo, atownship@of about 23,000 acres,was with-,
             drawn 84 years ago to protect "six live,and two dead redwood
             trees."    The trees are located in an area about 600 feet in
             'd iameter.; however    the withdrawal removed the entirel-township@
             from all forms of public entry under.the,public land laws.
                                                                               'ithdrawal.
             The Forest Service did not become aware of,this land W,
             until 1973--@-80'years later--when        its land status records-
             were updated forthe first,time...

                   A number of mining claims were        improperly    granted, and
             mining took,   place on these lands      between 1900    and   1954-1
             since 1973,    however,.15 mining claims       have been declared
             i.nValid  by the Bureau because, under'the withdrawal act           'i-on,
             mining is prohibited. Bureau of Mines officials believe that
             good potential exists for the development           oi@ gold mines on
             the land.    A Forest Service official stated, however, that
             the withdra,;7al would.not be revoked until ano.ther.withdrawal
             application, which was being prepared.by           the Forest Service,
             for a.smallernumber of acres is processed to protect''ihe
           .:redwood trees, a Forez;t Service administrative site, and,a
             @campground.

                   To furtber.determine the       effect   of not establishing     a
             withdrawal   review program for      Forest   Service lands'-we
             examined-withdrawals in the Eldorado          and Los Padres* National.
             Forests,and the John Muir and        San Gabriel Wilderness areas.
             We also examined 14 withdrawals in 6 other national forests.
             which appeared to be serving no useful purpose. On the
             basis of information provided        by officials of the'-For6st
             Service and Geological Survey, of the 314.-withdrawals.totaling
             1,722,741 acres which we examined about 358,,544 acres in
             174 withdrawals were not needed fL the purposes withdrawn.
             (See App. II.)

                   We did not determine the total number of acres of             1and
             having minerdl development potential,           but we believe,   on  the

                                                13
<pb n="22" />

                 basis   of  discussio
                                         ns    with,officials      of.the   Bureau   of  Mines,
                 '@that  many  of   those  withdrawals     which   are  no t, needed    may  be
                                     a       ni
                 preventing     cert in    mi ing    activity.     For  example,     3,273   acres
                 in  the   Six  Rivers   National Forest were temporarily withdrawn.
                 in  .196,5:pending    a land   exchange.      the  'lands were notexchange'd,
                 yet they remained       segregated from the        public land.laws,        in-
                 cluding the     mining,laws.       The, Bureau of Mines told, us. that
                 some chromite.mining occurred in the general area@of the
                 wi.thdrawal during.World War I and the             Korean conflict.         How-
                 ever ', noattempts to establish a mining claim have been-made
                 since the.lands were withdrawn.
                       ..In addition, certain       other land wi,thdrawals        we examined
                 appeared to cause some 'uncertainty by the Forest                 Service
                 over what.could be done on the land.               Fo r  example., 5,202
                 acres   in the Inyo National Forest were withdramn                over.   '16 0
                 years        pending an investigation'of the land for. irrigation
      c          purposes.     The Forest Supervisor said           that the land was
                      being,utilized for the withdrawal             and   he'was   not aware
                 ofall,.restrictions placed on the land.by                the,,,withdrawai.
                 He said that it was being managed for multiple.use:a'nd..
                 that, even though.he was         not certain whether        mineral entry
                 was affected.by the withdrawal, 38 mining,               claims'had been
                 established on -the land between 1920            and 1967.. Our review
                 of the withdrawal order showed that.this land was withdrawn
                 under the Act of. June 25, 1910, thus mining is allowed.
                       Another example      of uncertainty       over withdrawalsis          the
                 fact  that 6,579 acres in the Eldorado,Nationa.1 Forest were
              .@temporarily withdrawn         over 42 years      ago from settlement#
                 location, @sale, or entryll pending,a           resurvey..I.The resurvey,
              .@had not been male and-the withdrawal continues.                    In 1938
                 and 19.44'two private land exchanges'totaling 630                 acres
                 were made in apparen      t violation of the withdrawal order.
                 Subsequent to our discussion of this withdrawal with Forest
                 Service officials, the Bureau told the Forest Service that
                 theland exchanges were not proper, but due to the expiration
                 of the statute of limitations. on these transactions,                  the
                 oversight could not be corrected._
                      A regional Forest Service offidial              said that    the.variety
                 of authorities and types of withdrawals              created a    problem
                 which  could not be adequately represented in land                status
                 records.    As a result, he said, the Forest Service does                 not
                 know pr'ecis.ely how many acres of forest land are affected by
                 withdrawals , or in what       way, and therefore        i t doe-s  no.t 'know
              .exactly,what the Forest. Service's             capabilities,are,      to  produce..
                 goods'a-nd  services.

                                                      14
<pb n="23" />

  We discussed our findings with Bureau and forest Service
officials. As a result of the discussions, the director,
Bureau of Land Management, in a Gebruary 17, 1976, letter
to the Chief, Forest Service, requested cooperation in
developing and carrying out a meaningful withdrawal review
program insofar as unneeded Forest Service withdrawal were
concerned. The Director also requested developing a close
working relationship at both the headquarters and field
levels in (1) handling new withdrawal requests and (2)
expeditiously processing proposed withdrawals which have
been published as proposals but not yet finalized.

  We believe that entering into a review program with the
Bureau will help reduce the uncertainty of what the Forest
Service, as well as the public, can do on national forest
lands. To properly administer any land use program, including
minimizing unlawful use of land, it is necessary to know
what restictions are on the land and what effect these
restrictions have on the use of the land. Identifying and
revoking obsolete withdrawals would allow the land to be
used for other purposes, as appropriate.

NEED FOR COORDINATING REVIEW ACTIVITIES
BETWEEN GSA AND THE BUREAU

  the General Services Administraion and the bureau have
overlapping resposibility for reviewing the status of certain
withdrawn lands. The Bureau is responsible for reviewing
all existing withdrawals, and GSA is reposible for reviewing
the utilization of most Federal real property. Withdrawal
and utiliztion reviews are generally concerned with whether
tha lands are needed and/or being effectively used by Federal
agencies. The largest holdings of withdrawn lands which the
Bureau and GSA have resposibility for reviewing are for
military purposes. The Department of Defense has control
over about 17 million acres of withdrawn public land. The
major exceptions to GSA's review are national forests, parks,
wildlife refuges, and unwithdrawn public lands.

  Bureau officials told us that they had not participated
in the GSA program and did not know how the GSA program would
affect the Bureau if it had an active withdrawal review pro-
gram. According to a GSA headquarters official, it was not
view program with the Bureau because:

--Most GSA reviews involve "acquired" land which is
  land generally recieved as gifts, condemnations, and
  by purchase whereas the Bureau reviews involve public
  lands.

             15
<pb n="24" />

                    --Witb the  exception  of,military' and Bureau  o,-.
                      Reclamation  lands,  lands.reviewed  by   GSA ha,re
                      im@-rovements thereon  whereas  most  Bureau lands
                      do not.

                    --The Bureau  is  being indirectly informed,of   the
                      results of  GSA reviews when app-lications-to.rev.oke
                      the withdrawals are   submitted to it.

                  @Because  the Bureau  has overall   responsibility for.
              reviewing  existing withdrawals   and.new withdrawal   applica-
              tions,  it should.be  involved in  and/or informed.  of the
            ..results of  any other  agencies' reviews of withdrawn land
              including military withdrawals with improvements'.,.    This
              inform6tion c6ulC be used,by the Bureau when reviewing re-
           -withdrawal.applications to avoid.     duplicating work   already
              done by GSA. A Bureau headquarl@ers official said      military
              'Withdrawals made.under the Act of February 28,     1958, are
              Lerminating and scheduled for rewithdrawal review.. Also,
              if the Bureau implements 6 comprehensive review      program,it
              will have to coordinate its activities with GSA      to avoid
              duDlication in reviewing the need forcertain withdrawals.,
              .'such as'those of the Defense Department.

                   From 1970  through  November 1975,   the utilization   uf
              22.1 million acres,or    about 97 percent, oftheapproximately
              23 million acres of placlic a-rid acquired lands under the control
              of the military had bi@en :eviewed by CSA, the Department of
              Defense, or the indiv4.,-4oal military services. As a result
              of these reviews, the military agreed to release about 1.4
              million acres., Although-the Bureau has overall responsibility
              to make certain that all withdrawals, including military with-.
              drawals, are still needed, a cooperative review.program for
              military withdrawals,has not been.established.
                    One of the military installations GSA r-viewed was the
              Chocolate  Mountain Aerial Gunnery Range located in the
              ,southern California desert. Of this 458,89.4-acre range,
              about 252,126 acres were withdrawn by the@Congress in Septem-
              ber 1963 for the Department of the Nav-'s use. The with-
              drawal expired.on  September 5, 1973,,and in January 1974       the
              Navy submitted an  application to the Bureau to rewithdraw
              the lands.

                   In October  1972 the  Navv made a.utilization review of
              the raige and found that   about 83j840 acres were not being
              utilized or wereunderutilized. The Navy and the Department
              of Defense, however, did not want to return.the     1,...-%d to general
              public use because:

                                             16
<pb n="25" />

--The lands could not be adequately cleared of explosives
  because explosive decontamination procedures were not
  sufficiently advanced to guarantee that the public
  would be protected from explosive hazards.

--Clearing the land could cost between $1,500 and
  $2,300 an acre and the estimated value of the land
  was only between $15 and $100 an acre.

In July 1975 GSA agreed not to submit a revocation application
for the land to the Bureau.
  From January 1974 to July 1975, when discussions were
taking place between the navy and GSA over the disposition
of the excess lands, the Bureau was reviewing the navy's
rewithdrawal application. Neither GSA nor the military service
coordinated their review activities with the Bureau, and the
Bureau officials were unaware of the utiliztion review made
on the Range until we brought it to their attention.

  The Federal Property Mangagement Regulations require that
all real property utulization reports, such as the one for
Chocolate Mountain, contain information on whether:
 --The land is being put to its highest and best use.
 --All the land is essential for program requiements.
 --Suffer or sagety zones are kept to a minimum.
 --The land can be disposed of and program requiements
   satisfied through reserving rights and interests to
   the Government in the property if it is released.
 --Any land is being retained merely because it is
   considered undesirable property due to topographical
   features or encumbances for rights-of-way, or because
   it is believed no to be disposable.

  A Bureau official said that, since he did not have a
copy of the utilization report, he did not know specifically
how the data would help the Bureau in reviewing the withdrawal
application for Chocolate Mountain. He said, however, that
the information required to be included in the report by the
Federal Property Management Regulations would probably be
relevant to determining whether the lands neede to be re-
withdrawn.

  On the basis of our review of the utiliztion report on
Chocolate Mountain, we believe that the type of information

               17
<pb n="26" />

                   included   would  aid  the-Bu'reau-.1n,evaluating'     evithdrawal
                                                                        r
                   applications     and-also  aid  in'its  review'of    exicting   with-
                   drawals   when  it  implements   a.  comprehensive-withdrawal        review.
                   program.,    For example,   the  utilization report contained        in-.
                   formation    on the  total  amount   of.land    ahistor         I    s
                                                                            Y of   it
                   uses, the    value of improvements, a     narrative or.    its  mission,
                   findings and    conclusions as to its     utilization,,,.  and  ;propose.d@
                   .,disposal Actions.

                   THE  BUREAU*S-WITHDRAWAL,RESTORATION
                   PR5GRAM-IS-UNTIMELY

                         An essential   part   o.f. an effective   withdrawal   review
                   program is revoking     obsolete withdrawals     in  a  timely  manner..
                   The Secretary of the.     Interior  delegated to    the  Bureau      the
                   responsibility for-reviewing all proposed          revocation   actions
                   and, where appro   priate, to return the'lands to'an unencumbered
                                                                   J
                   status.. Accountability:and responsibility          for  withdrawn   lands
                   ..remain with the relinquishing agency      until   revoked by       the
                   Secretar@y of the Interior.      Bureau delays     in processing re-
                   .vocation Applications have prevented other agencies from
                   relinquishing their responsibilities        over   withdrawn-land    and
                   have also prevented the     lands from being     used for    other
                   @purposes.

                        We found   inthe Bureau's,California        office  a   backlog of
                   revocation   applications.,   dating back   to  19.57. or  about     19
                   years old. A    Bureau official said      that  the backlog,was      due
                   to the lack   of sufficient staff to      make  'necessary field-
                   reports, including environmental analyses to           determine     the
                   impact of returning the land back.to general          public use,'to
                   revoke withdrawals. Bureau officials said that staff efforts,
                   @have been directed toward higher priority matters, such             as
                   (1) energy-related programs, (2) implementing the.Bureau's
                   land planning unit system in 1964, and (3).fulfilling the
                   requirements of the Act of September 19, 1964. (43 U.S.C.            .141.1
                   to 1418).

                        To determine     the, length of time   the  Bureau,takes        to
                   'process applications     we exami
                                                      ned 48   revocation applications
                   which  were  pending in   Cali'fornia in October 1972. As            of
                .,August 1975, 23'of.these      applicationswere still pending.
                   Several of these' Applications either needed concurrence from
                   the administering agency     or the Bureau's environmental.assess-
                   mentswere not completed.
                        The  retaining 25    applications   were completed    and were    (1)
                   approved,  or(2) withdrawn by the       relinquishing agency,        or (3)
                   rejectedby the Bureau. The average time to.close the revo-
                   cation cases was 48 months and      varied from 4    to  126 months
                   .,as shown on the next page.
<pb n="27" />

                                   status    of Applications--August 1975

                                     Number of                      Months    to     Average   time
                                   applications        Acreage         close           (months)

                                                             842                          112
                  Still open           23          249,

                                                             569        1-12
                  Closed                   4
                                           7           101 8.90        13-24
                                           2             .6,781
                                           2                418       37-48
                                           10           56,851        over   48

                       Total               25         166,509                             8

                         To.. determine   the  overall age of      existing revocation
                  applications     which have      not been closed,     we  reviewed     the
                  California ,State office's         files as of    August    31,  1975.'   AS
                  shown   below,   the California      State office     had   pending    63
                  pcatip, applications      for 386,809 acres.       These applica-
                  tions   included the,23 totaling 249,842            listed in the    previous-
                  schedule which were       submitted prior to        October.1972.

                  Period  application                Number of
                       submitted                         cases                   Acreage

                   Prior to    1961                         7                    192,617
                          to  1965                                               1,246
                  _1966   to. 1970                        12                       16,461
                    1971  to  August 1975                 40                     116,485

                       Total.                             63                       386,809
                                                                                 3

                         Of  these   63                           ions,    ll had  been pending
                                         revocation    applicat
                  :for over 10 years. We reviewed 5 of the              11  appl icat ions   for,
                  192,412'acres,      which  the  Bureau    of Reclamation     had submitted
                  between    December   1957   and May    1960.    These    5 applications
                  showed that either additional,          field   reports were needed and/or
                  environmental assessments were needed for the                 withdrawn lands
                  proposed to be revoked. The Bureau              requires staff or field
                  reports to identify the effects of the-revocation on the
                  Bureau's programs and  envitonmental analysis or impact
                  statement for each revocation application, in accordance                   with
                  the provisions of the National Environmental Policy Act of
                  1969 (ch. .55, 42 U.S. C.) .

                         An  example of    the effect of these delays         can be demon-
                  strated   by two of.the five Bureau of Reclamation cAses pending
                  for over 10 years.         About 83,339 acres were withdrawn by the
                  Bureau of    Reclamation between July 2, 1902, and            October 10,

                                                         19
<pb n="28" />

1932, for the Colorado River Storage and Yuma projects
and submitted for revocation in 1958 and 1960. In July
1975 an attorney representing a mining company said that,
on the basis of considerable exploration just outside the
boundaries of the property, and on a very limited study
within the property, the area had a potential for mineral
development. He said that a great deal of effort had been
ecpended in trying to have the land restored to mineral
entry, but the Bureau's inaction to revoke the withdrawal
had effectively kept the lands closed to mining.
  The Bureau's State Director said a study was underway to
determine the mineral character of the lands and the possible
impacts surface mining would have on other resource values in
the area. upon completion of this study, the attorney was
to be told whether the Bureau proposed to restore the lands
for entry under the mining laws or recommended that they be
withdrawn for other puposes.
 A Bureau of Reclamation official said that the Bureau's
failure to act promptly on the proposed revocation applications
has greatly complicated their land administration program. As
a result of the delays, each proposed revocation will now
require reanalysis and updating because the field conditions
may have changed since the revocations were submitted.

                      20
<pb n="29" />

                                         CHAPTER-3

              CONCLUSIONS.

                   The Bureau  has not established.a comprehensive   public
              landwithdrawal   review program..  Many withdrawals--some
              made in the early 1900s--exis t and have not been reviewed
              by the.Bureau, so that a determination   of whether  they
              are still-appropriate cannot be made.    Also,, the.Bureau
              has not expeditiously processed revoc6tion applications
              for certain withdrawals identified as obsolete. Some revo-
              'cation applications are about.19 years  old, and the Bureau
              in many casestakes an.average of 4 years to process.a    revo-
              cation application. Therefore, many obsolete     withdrawals.-
              continue.

                   Some,of the land may  be used  more effectively for other,
              purposes.. Even if.there is no apparent immediate alternative
              use for the land, the implementation.of    effective1and use-.
              plans or land use management  is@hampered because land  is'.
              unnecessarily encumbered. The Bureau    has not established  a
              review program.because it has.:had to  use its staff on.higher
              priority.pu,blic land use programs, such.as energy and  grazing.

                   To help fcster effective land use planning, the   Bureau
              should review existing withdrawals under its jurisdiction,
              and@establish a program, with the cooperlation of other Federa  I
              agencies, to review the land withdrawn and administered by
              the other agencies. A cooperative,review program done effec-
              tively on a systematic basis should'help to ensure that all
              unnecessary withdrawals are promptly revoked.

                   The Bureau'and the General Services Administration have
              some overlapping responsibilities  for reviewing withdrawals, -_
              primarily concerning military withdrawal,%. Therefore, to,
              avoid duplication in the Bureau's reviewing withdrawal
              applications, the Bureau and GSA need to   coordinate theic".
              activities.

              RECOMMENDATIONS-TO,THE.
              SECRETARY OF  THE I    IOR

                   We:recognize that a  departmental task  force has been
              established to review the need for a withdrawal review system.
              Also,,on.October 21, 1976, Public, Law 94-579,   the Federal Land
              Polizy and management  Act of 1976 became law.    In part, this
              act requires:
<pb n="30" />

                          the Secretary     to review the   need  for exi'sting.with
                          drawals in certain States within        15 yipars of the
                          date   of the  Act; and.

                       -on   and.. a f ter  the date of approval    of' the Act, new
                          withdrawals,to be limited       to  certain periods of
                          time:, generally 20 years,     and to   be reviewed toward
                          the,end  of the withdrawal      period.
                 We  believe  our  recommendations,     which,follow,,    will be o f
                 assistance   to the task force and to the Secretaryih im-
                 plementing   the  recently enacted     legislation..

                       We  recommend   that  to help insure that     public   lands
               @.are,effectively used,      the  Secretary   of the  Interior:

                                     within the Department      and  with  the
                          cooperation of   theads of other    land holding agenciesj
                          a coordinated comprehensive       program  to  expeditiously,
                          revoke. all withdrawals-which are no       longer   needed.

                       --Work   with the  Administrat-r     of  General  Services in
                          defini,ng each  agency's withdrawal      review  responsi.-
                                               duplication    in reviewing    the heed
                          for withdrawalsO

                       We suggest   that, in developing an'effective        withdrawal
                 review   program,  the Secretary consider establishing,          to
                 the extent..practicable:, timeframe guidelines        for  Bureau
                       ssing of   agency revocation app"-ications      to as ist the
                 proce                                                       _s
                 administering    -agencies in their    -land use planning.

                                                   22
<pb n="31" />

       CHAPTER 4
SCOPE OF REVIEW

  We made our review to determine whether the Bureau had
implemented an effective program to review and revoke obsolete
land withdrawals. As requested by the Chairman in his
October 7, 1975, letter, we directed our work to California
and did not review the withdrawal process itself or other
areas dealing with the effect of withdrawals on land use
management programs.

  In California and Washington, D.C., we examined the
wighdrawal review programs and procedures of the Department
of the Interior's Bureau of Land Management, Bureau of
Reclamation, and Geological Survey; the Department of Agri-
culture's Forest Service; the General Services Administration;
the Department of Defense; and the Department of the Navy.
We reviewed, as of December 1975, all the withdrawals in the
Bureau's Placer0El Dorado planning unit, the Eldorado and
Los Padres national Forests, two wilderness areas, 14 with-
drawals in 6 other national forests and the Navy's withdrawal
for the Chocolate Mountain Aerial Gunnery Range.

  Agency officials contacted during the review were asked
to comment on the obsoloscence of particular withdrawals, the
effectiveness of present and past wighdrawal review programs,
and the need for withdrawal review.

  We also reviewed revocation files and prodedures at the
Bureau's California office.

              23

                                                .23
<pb n="32" />

                                      APPENDIX   I					APPENDIX  I

                                		COMMITEE ON INTERIOR AND INSULAR AFFAIRS
								U.S HOUSE OF REPRESENTATIVES
									WASHINGTON, D.C. 20515

									OCTOBER 7, 1975

                                                      Honorable Elmer B. Staats
                                                      Comptroller General of the  United States
                                                      General  Accounting Office,
                                                      441 G Street, Northwest.
                                                      Washington, D.C.       20548

                                                      Dear Mr.           Staats:

                                                      As you  know, on  July 24, 1975, this Committee  requested
                                                      your office to brief the Committee Staff on the observa-
                                                      tions and tentative conclusions of your preliminary study
                                                      Of public land withdrawals in California. On September 4,
                                                      personnel  of your office met with Committee Staff members
                                                      and provided this information.. We appreciate your timely
                                                      cooperation and believe thatthe information provided
                                                      will be useful to the Committee in considering pending
                                                      legislation, as we'll as continuing oversight responsibilities.

                                                      The.   Committee was most interested in  GAO's findings regard-
                                                      ing the procedures to review.and revoke existing withdrawals.
                                                      We Agree with your staff's view that the current procedures
                                                      do not appear to be adequate and have had a significant
                                                      adverse impact on the ef f ective use of public domain lands.
                                                      Because  of the significance of these matters and the
                                                      Committee's immediate need for such information, we are
                                                      hereby requesting GAO to concentrate its efforts on these
                                                      matters during its current study and issue a report to the
                                                      Committee as soon as possible. The reportshould include
                                                      GAO's. findings, conclusions, and recommendations concerning
                                                      the adequacy of the procedureSLfor making review and
                                                      revocations of existing withdrawals in the State of
                                                      California.

                                                      We understand that work on these matters has not been
                                                      completed and that additional work is necessary before
                                                      reaching conclusions and reporting to the Committee. We
                                                      would.appreciate it if your office would brief the Committee
                                                                                                          24
<pb n="33" />

APPENDIX I                         APPENDIX I

U.S. Comptroller General Staats
October 7, 1975
Page 2

on your final position prior to the drafting of your
report. Subsequently, the Committee plans to request
your office to initiate a more extensive review of
land withdrawals in several Western States. This work
may include other aspects of the withdrawal process on
which you have already developed preliminary information
during your current study.

As Chairman of this Committee I wish to express my
appreciation for your cooperation on this important
matter and will be glad to provide any assistance we
can to your staff during their performance of this work.

             Sincerely yours,

             James A. Haley
             Chairman

             25
<pb n="34" />

                    APPENDIX 1I'                                                               APPENDIX      I I

                                                           -ON-FOREST-SERVICE'LANDS
                                             WITNDRAPRIS

                                                            withdrawals      examined     Obsc;.ete"or-excess
                    Types   of  withdrawals                 Num5er              Acr      =Nam r            Acres
                                                                                               Ir

                    Eldorado    Natio@nal    Forest:
                         Administrative sites,                 22               1,717        9'              614
                         Recreation areas                      36,                         28            62,350
                         Roadside zones                                         7,770
                         Wilderness                             2            112,155
                         Proposed exchanges;                    2                  803
                         Other withdrawals                                    22,221         2           141850
                         Various powe
                            withdrawals.                       5q,           147,899       35         A/103,1529

                           Muir Wilderness.area:
                         Recreation Areas                       2                    17.:    1                   5
                         Mono Long Valley
                            geothermal-                                         21008
                         Withdrawal In'aid of
                            legislation,---                     1                                        36,027
                         Various,    power   withdrawals'      17             59,478'.     12,         a/41,635

                    Los  Padres    National   Porest:
                         Administrative sites                  61               9,417,       5               584
                         Recreation areas                                       6,267.     62              5,254.
                         Sespe C;@Pndor sanctuary,              1             69,117         -
                         Santa   Ynez watershed                 1            300,076,
                         Santa   Barbara watershed              1            177,000
                         Other   withdrawals                    6             19,889
                         Various power withdrawals             13                            9         a/31,056
                         Wilderness                             2            237,874

                    San  Gabriel Willderness area:
                         Recreation-area                       .1                    45      1                 45
                         Res-rvoir site      reserve            1                  510..                     510,
                         LO.4 Angeles County
                            watershed                                           9,405

                    Sequoia-Vational      Forest.-
                         Withdrawal     in   aid of
                            legislation                                       51,520                     SL520

                  .@Angeles National:Forestr
                         Los Angeles County
                            watershed                                        331,631

                    Inyo  National Forest:
                         irrigation     purposes                                5,202        1             Si202

                                                                 26
<pb n="35" />

               APPENDIX    II
                                                                                APPENDIX  II

                                                   Withdrawals-examined   Obsolete  or excess  a
                 Types-of-wthdrawals
                                                  Number      -Acres      6Wu =me c
                                                                                         NAME---
                 Six River  National   Forest:
                     Proposed  land  exchange                      3,273      1          3,273
                 Stani
                      slaus.National Forest:.
                     Various withdrawals             3             1,820     -3
                                                                                         1,820
                 Tahoe National Forest
                    'Various withdrawals
                                                   ..7                       3:
                                                                        8

                     Total
                                                   314        1,722,741   174         358;544
               a/Estimate  was  based  on the Geological Survey's reviews of    powersite
                 withdrawals which found    that 70 Percent  of  the withdrawn
                                                                                acreage  was
                 not  needed for  water and  power purposes.

                                                    27
<pb n="36" />

                                             @                           @
                                                               1701
</text>
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