[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR25.2]

[Page 227-229]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 25_APPLICATION FOR VACATION OF WITHDRAWAL AND FOR DETERMINATION 
PERMITTING RESTORATION TO ENTRY--Table of Contents
 
Sec. 25.2  Hearings.

    A hearing upon such an application may be ordered by the Commission 
in its discretion and shall be in accordance with the provisions of 
subpart E of part 385 of this chapter.
    Note 1: On April 17, 1922, the Commission made the following general 
determination:
    (a) That where lands of the United States have heretofore been, or 
hereafter may be, reserved or classified as power sites, such 
reservation or classification being made solely because such lands are 
either occupied by power transmission lines or their occupancy and use 
for such purposes has been applied for or authorized under appropriate 
laws of the United States, and such lands have otherwise no value for 
power purposes, and are not occupied in trespass, the Commission 
determines that the value of such lands so reserved or classified, or so 
applied for or authorized, will not be injured or destroyed for the 
purposes of power development by location, entry, or selection under the 
public land laws, subject to the reservation of section 24 of the 
Federal Water Power Act (41 Stat. 1075; 16 U.S.C. 818).
    (b) That when notice is given to the Secretary of the Interior of 
reservations made under the provisions of section 24 of the Federal 
Water Power Act, such notice shall indicate what lands so reserved, if 
any, may, in accordance

[[Page 228]]

with the determination of the preceding paragraph, be declared open to 
location, entry, or selection, subject to the reservation of said 
section 24. Second Annual Report, page 128.
    Note 2: On February 16, 1937, the Commission took the following 
action:
    Consent To Establishment of Grazing Districts, Issuance of Grazing 
Permits, and Leasing for Grazing Purposes Under the Act of June 28, 
1934, as Amended, Government Lands Reserved for Power Purposes
    Upon request under date of November 2, 1936, by the acting director, 
Division of Grazing, Department of the Interior, for consent of the 
Commission, pursuant to the act of June 28, 1934 (48 Stat. 1269), to the 
establishment of grazing districts and the issuance of grazing permits 
on lands of the United States withdrawn, classified, or otherwise 
reserved for power purposes, except in those instances where grazing 
will interfere with such purposes; and
    Upon request under date of December 7, 1936, by the Acting Secretary 
of the Interior for consent of the Commission, pursuant to the Act of 
June 28, 1934 (48 Stat. 1269), as amended by the Act of June 26, 1936 
(49 Stat. 1976), to the leasing under section 15 of said Act as amended, 
of isolated tracts of lands of the United States, withdrawn for power 
purposes:
    The Commission upon consideration of the matter finds and 
determines: That the establishment of grazing districts, the issuance of 
grazing permits, and the leasing for grazing purposes, under said Act as 
amended, of lands of the United States theretofore or thereafter 
withdrawn, classified or otherwise reserved for power purposes, but not 
including lands embraced within the project area of any power project 
theretofore licensed by the Commission or otherwise authorized by the 
United States, will not injure or destroy the value of such lands for 
the purposes of power development nor otherwise abridge the jurisdiction 
of the Commission; Provided, That such grazing districts shall be 
established and such permits and leases for grazing permits issued 
subject to the following conditions:
    (1) That the establishment of the grazing district or the issuance 
of the grazing permit or lease for grazing purposes shall in no wise 
diminish or affect the jurisdiction of the Commission at any time to 
issue permits or licenses pursuant to the provisions of the Federal 
Power Act (49 Stat. 838; 16 U.S.C., Sup., 791-819); and that the 
issuance by the Commission of a license shall immediately and 
automatically terminate such grazing district, permit, or lease for 
grazing purposes as to all lands within the project area described in 
such license;
    (2) That the establishment of the grazing district or the issuance 
of the grazing permit or lease for grazing purposes involving lands 
withdrawn for power purposes shall in no wise disminish or affect the 
jurisdiction of the Commission at any time to make further 
determinations that the value of any such lands for the purposes of 
power development will not be injured or destroyed by location entry or 
selection, as provided by section 24 of the Act and none of such lands 
shall be declared open, otherwise than as hereinbefore provided, to 
location, entry or selection except upon such further determination by 
the Commission; and any such further determination shall immediately and 
automatically terminate such grazing district, permit, or lease for 
grazing purposes as to any lands involved in such further determination.
    Now, therefore, the Commission consents to the estabishment of such 
grazing districts and the issuance of grazing permits and leases for 
grazing purposes of lands of the United States reserved for power 
purposes subject to the conditions hereinabove set out;
    Provided, however, That this determination and consent shall be 
effective for lands embraced within grazing districts, as of the date of 
the establishment of such districts, and for isolated tracts of lands 
leased for grazing purposes, it shall be in effect when such leases are 
issued, provided that notice thereof is received by this Commission from 
the Bureau of Land Management, Department of the Interior, within 30 
days thereafter, such notice to include full legal description of the 
lands,

[[Page 229]]

withdrawn for power purposes which are involved.

(Secs. 24, 308, 39, 41 Stat. 1075, as amended, 40 Stat. 858; 16 U.S.C. 
818, 825g, 825h)

[Order 141, 12 FR 8493, Dec. 19, 1947, as amended by Order 225, 47 FR 
19056, May 3, 1982]

    Cross Reference: For regulations of the Bureau of Land Management, 
relating to grazing, see the Index to title 43 CFR part 4000-End.