[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2091.5-5]

[Page 58]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2090_SPECIAL LAWS AND RULES--Table of Contents
 
              Subpart 2091_Segregation and Opening of Lands
 
Sec. 2091.5-5  Segregative effect and opening: Federal Power Act withdrawals.

    (a)(1) The filing of an application for a power project with the 
Federal Energy Regulatory Commission withdraws the lands covered by the 
application from the operation of the public land laws; however, the 
lands remain open to the location, lease or disposal of the mineral 
estate.
    (2) The issuance of a permit or license for a project by the Federal 
Energy Regulatory Commission withdraws the lands from the operation of 
the mining laws. (See part 3730).
    (b) Lands withdrawn under section 24 of the Federal Power Act remain 
withdrawn until the withdrawal is vacated and the lands opened by proper 
authority.
    (c) After a withdrawal has been vacated, the lands are opened to the 
operation of the public land laws by notation of the lands records to 
that effect.