H.R. 5538 (85th): An Act to provide that withdrawals, reservations, or restrictions of more than 5,000 acres of public lands ...

...of the United States for certain purposes shall not become effective until approved by act of Congress, and for other purposes.

85th Congress, 1957–1958. Text as of Feb 28, 1958 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

72 S T A T . ]     PUBLIC LAW 8 5 - 3 3 7 - F E B . 28, 1958                                             27

Public Law 85-335
                                    AN A C T                                        February 2 2 . 1 9 5 8
To provide for small-business disaster loans in areas affected by excessive               [S. 292o]
                                  rainfall.

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, T h a t section 207 (b)               70 Stat. 10.
                                                                                      15 u s e 6 36.
 (1) of the Small Business Act of 1953, as amended, is amended (1) by
deleting the words "where a drought is occurring" and inserting in lieu
thereof the words "affected by a drought or excessive rainfall", and
 (2) by inserting after the word "drought" Avhere it occurs elsewhere
the words "or excessive rainfall".
   Approved February 22, 1958.


Public Law 85-336
                                   AN ACT                                           February 2(5, 1958
          To provide for a temporary increase in the public debt limit.                [H. R. 9955]


  Be it enacted hy the Sennte aafid House of Representatives of the
United States of America in Congress assembled, That, during the
period beginning on the date of the enactment of this Act and ending
on June 30, 1959, the public debt limit set forth in the first sentence Stat.
                                                                          49 Stat. 21;
                                                                              519.
                                                                                                         70
of section 21 of the Second Liberty Bond Act, as amended, shall be 31 u s e 757b.
temporarily increased by $5,000,000,000.
   Approved February 26, 1958.


Public Law 85-337
                                    AN ACT                                          February 28, 1958
To provide that withdrawals, reservations, or restrictions of more than five           [H. K. 5538]
  thousand acres (vf public lands of the United States for certain purposes shall
 not become effective until approved by Act of Congress, and for other purposes.

   Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstand-                   blilitary public
                                                                                    land withdrawals.
ing any other provisions of law, except in time of war or national
emergency hereafter declared by the President or the (.'ongress, on and
after the date of enactment of this Act the provisions hereof shall
apply to the withdrawal and reservation for, restriction of, and
utilization by, the Department of Defense for defense purposes of the
public lands of the United States, including public lands in the Ter-
ritories of Alaska and Hawaii: Provided, That—
        (1) for the purposes of this Act, the term "public lands" shall                "Public l a n d s " .
     be deemed to include, without limiting the meaning thereof.
     Federal lands and waters of the Outer Continental Shelf, as
     defined in section 2 of the Outer Continental Shelf Lands Act
      (07 Stat. 462), and Federal lands and waters off the coast of the                43 u s e 1331.
     Territories of Alaska and Hawaii;
        (2) nothing in this Act shall be deemed to be applicable to the
     withdrawal or reservation of public lands specifically as naval
     petroleimi, naval oil shale, or naval coal reserves;
        (3) nothing in this Act shall be deemed to be applicable to
     the warning areas over the Federal lands and waters of the Outer
     Continental Shelf and Federal lands and waters off the coast of

28 PUBLIC LAW 85-337-FEB. 28, 1958 [72 S T A T . the Territory of Alaska reserved for use of the military depart- ments prior to the enactment of the Outer Continental Shelf not/. "®^ ^^^^ LandsAct (67Stat.462); and (4) nothing in sections 1, 2, or 3 of this Act shall be deemed to be applicable either to those reservations or withdrawals which expired due to the ending of the unlimited national emergency of May 27,1941, and which subsequent to such expiration have beeii and are now used by the military departments with the concur- rence of the Department of the Interior, or to the withdrawal of public domain lands of the Marine Corps Training Center, Twentynine Palms, California, and the naval gunnery ranges in the State of Nevada designated as Basic Black Rock and Basic Sahwave Mountain. ReBtrictions. SEC. 2. No public land, water, or land and water area shall, except by Act of Congress, hereafter be (1) withdrawn from settlement, location, sale, or entry for the use of the Department of Defense for defense purposes; (2) reserved for such use; or (3) restricted from operation of the mineral leasing provisions of the Outer Continental Shelf Lands Act (67 Stat. 462), if such withdrawal, reservation, or restriction would result in the withdrawal, reservation, or restriction of more than five thousand acres in the aggregate for any one defense project or facility of the Department of Defense since the date of enactment of this Act or since the last previous Act of Congress which withdrew, reserved, or restricted public land, water, or land and water area for that project or facility, whichever is later. Application SEC. 3. Any application hereafter filed for a withdrawal, reserva- specifications. tion, or restriction, the approval of which will, under section 2 of this Act, require an Act of Congress, shall specify— (1) the name of the requesting agency and intended using agency; (2) location of the area involved, to include a detailed descrip- tion of the exterior boundaries and excepted areas, if any, within such proposed withdrawal, reservation, or restriction; (3) gross land and water acreage within the exterior boundaries of the requested withdrawal, reservation, or restriction, and net public land, water, or public land and water acreage covered by the application; (4) the purpose or purposes for which the area is proposed to be withdrawn, reserved, or restricted, or if the purpose or purposes are classified for national security reasons, a statement to that effect; (5) whether the proposed use will result in contamination of any or all of the requested withdrawal, reservation, or restriction area, and if so, whether such contamination will be permanent or tem- porary; (6) the period during which the proposed withdrawal, reser- va'tion, or restriction will continue in effect; (7) whether, and if so to what extent, the proposed use will affect continuing full operation of the public land laws and Fed- eral regulations relating to conservation, utilization, and develop- ment of mineral resources, timber and other material resources, grazing resources, fish and wildlife resources, water resources, and scenic, wilderness, and recreation and other values; and (8) if effecting the purpose for which the area is proposed to be withdrawn, reserved, or restricted, will involve the use of water in any State, whether, subject to existing rights under law, the intended using agency has acquired, or proposes to acquire, rights to the use thereof in conformity with State laws and procedures relating to the control, appropriation, use, and distribution of water.
72 S T A T . ] PUBLIC LAW 8 5 - 3 3 7 - F E B . 28, 1958 29 SEC. 4. Chapter 159 of title 10, United States Code, is amended as J ° o \ % 1 Ve i- follows: 2671. (1) By adding the following new section at the end: "§ 2671. Military reservations and facilities: hunting, fishing, and trapping " ( a ) The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military depart- ment in a State or Territory— "(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State or Territory in which it is located; " (2) require that an apj)ropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that witn respect to members of the Armed Forces, such a license may be required only if the State or Territory authorizes the issuance of a license to a member on active duty n)r a period of more than thirty days at an installation or facility within that State or Ter- ritory, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State or Territory; and "(3) develop, subject to safety requirements and military se- curity, and in cooperation with the Governor (or his designee) of the State or Territory in which the installation or facility is lo- cated, procedures under which designated fish and game or con- servation officials of t h a t State or Territory may, at such time and under such conditions as may be agreed upon, have full access to that installation or facilitv to effect measures for the management, conservation, and harvesting of fish and game resources. "(b) The Secretary of Defense shall prescribe regulations to carry out this section. "(c) Whoever is guilty of an act or omission which violates a re- quirement prescribed under subsection (a) (1) or (2), which act or omission would be punishable if committed or omitted within the juris- diction of the State or Territory in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment. " ( d ) This section does not modify any rights granted by treaty or otherwise to any Indian tril)e or to the members thereof." (2) By adding the following new item at the end of the analysis: '•2671. Military reservations and facilities: hunting, flstiing, and trapping." SEC. 5. The Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, is hereby further amended by revising ^° ^^^ ^'^^' section 3 (d) to read as follows: " ( d ) The term 'property' means any interest in property except "Property". (1) the public domain; lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands with- drawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public- land laws because such lands are substantially changed m character by improvements or otherwise; (2) naval vessels of the following cate- gories: Battleships, cruisers, aircraft carriers, destroyers, and sub- marines; and (3) records of the Federal Government."
30 PUBLIC LAW 85-338-MAR. 4, 1958 [72 ST AT. Mi n e ra SEC. 6. All withdrawals or reservations of public lands for the use sources. of any agency of the Department of Defense, except lands withdrawn or reserved specifically as naval petroleum, naval oil shale, or naval coal reserves, heretofore or hereafter made by the United States, shall be deemed to be subject to the condition that all minerals, including oil and gas, in the lands so withdrawn or reserved are under the juris- diction of the Secretary of the Interior and there shall be no disposi- tion of, or exploration for, any minerals in such lands except under the applicable public land mining and mineral leasing laws: Provided, That no disposition of, or exploration for, any minerals in such lands shall be made where the Secretary of Defense, after consultation with the Secretary of the Interior, determines that such disposition or exploration is inconsistent with the military use of the lands so with- drawn or reserved. Approved February 28, 1958. Public Law 85-338 March 4, 1958 AN ACT [S. 969] To prescribe the weijilit to be given to evidence of tests of alcohol in the blood, urine, or breath of i>ersons tried in the District of Columbia for certain offenses committed while operating vehicles. Be it enacted hy the Senate and House of Representatives of the D. C. a l c o h o l United States of America in Congress assembled, That (a) if as a t e s t s , evidence. result of the operation of a vehicle, any person is tried in any court of competent jurisdiction within the District of Columbia for (1) operat- ing such vehicle wliile under the influence of any intoxicating liquor in violation of section 10 (b) of the District of (^olumbia Traffic Act, 43 Stat. 1124. 1925, approved March 3, 1925, as amended (D. C. Code, title 40, sec. 609), (2) negligent homicide in violation of section 802 (a) of the Act entitled "An Act to establish a code of law for the District of Colum- 49 Stat. 385. bia", approved March 3, 1901, as amended (D. C. Code, title 40. sec. 606), or (3) manslaughter committed in the operation of such vehicle 31 Stat. 1321. in violation of section 802 of such Act approved March 3, 1901 (D. C. Code, title 22, sec. 2405), and in the course of such trial there is received in evidence, based upon a chemical test, competent proof to the effect that at the time of such operation— (1) defendant's blood contained five one-hundredths of 1 per centum or less, by weight, of alcohol, or that an equivalent quan- tity of alcohol was contained in tAvo thousand cubic centimeters of his breath (true breath or alveolar air having 51/2 per centum of carbon dioxide), or that defendant's urine contained eight one- liundredths of 1 per centum or less, by weight, of alcohol, such proof shall be deemed prima facie proof that defendant at such time was not under the influence of any intoxicating liquor; (2) defendant's blood contained more than five one-hundredths of 1 per centum, but less than fifteen one-hundredths of 1 per centum, by weight, of alcohol, or that an equivalent quantity of alcohol was contained in two thousand cubic centimeters of his breath (true breath or alveolar air having 51/^ per centum of carbon dioxide), or that defendant's urine contained more than eight one-hundredths of 1 per centum, but less than twenty one- hundredths of 1 per centum, by weight, of alcohol, such proof shall constitute relevant evidence, but shall not constitute prima facie pi'oof that defendant was or was not at such time under the influence of any intoxicating liquor; and