January 8, 2019 - Issue: Vol. 165, No. 3 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Page H286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 304.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2 (the Property Clause). 
     Under this clause, Congress has the power to dispose of and 
     make all needful rules and regulations respecting the 
     territory or other property belonging to the United States. 
     By virtue of this enumerated power, Congress has governing 
     authority over the lands, territories, or other property of 
     the United States- and with this authority Congress is vested 
     with the power to all owners in fee, the ability to sell, 
     lease, dispose, exchange, convey, or simply preserve land. 
     The Supreme Court has described this enumerated grant as one 
     ``without limitation'' Kleppe v New Mexico, 426 U.S. 529, 
     542-543 (1976) (``And while the furthest reaches of the power 
     granted by the Property Clause have not been definitely 
     resolved, we have repeatedly observed that the power over the 
     public land thus entrusted to Congress is without 
     limitation.'') The exchange codified by this legislation is 
     thus constitutional.