[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: 43CFR2320.0-3]

[Page 90]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2300_LAND WITHDRAWALS--Table of Contents
 
      Subpart 2320_Federal Energy Regulatory Commission Withdrawals
 
Sec. 2320.0-3  Authority.


    (a) Section 24 of the Federal Power Act of June 10, 1920, as amended 
(16 U.S.C. 818), provides that any lands of the United States included 
in an application for power development under that Act shall, from the 
date of filing of an application therefor, be reserved from entry, 
location or other disposal under the laws of the United States until 
otherwise directed by the Federal Energy Regulatory Commission or by 
Congress. This statute also provides that whenever the Commission shall 
determine that the value of any lands of the United States withdrawn or 
classified for power purposes shall not be injured or destroyed for such 
purposes by location, entry or selection under the public land laws, the 
Secretary of the Interior shall declare such lands open to location, 
entry or selection for such purposes under such restrictions as the 
Commission may determine are necessary, and subject to and with a 
reservation of the right of the United States or its permittees or 
licensees to enter upon, occupy and use any and all of the lands for 
power purposes. Before any lands are declared open to location, entry or 
selection, the Secretary shall give notice of his intention to make this 
declaration to the Governor of the State within which such lands are 
located, and the State shall have a preference for a period of 90 days 
from the date of this notice to file under any applicable law or 
regulation an application of the State, or any political subdivision 
thereof, for any lands required as a right-of-way for a public highway 
or as a source of materials for the construction and maintenance of such 
highways. The 90-day preference does not apply to lands which remain 
withdrawn for national forest or other purposes.
    (b) The Mining Claims Rights Restoration Act of 1955 (30 U.S.C. 621 
et seq.), opened public lands which were then, or thereafter, withdrawn 
or classified for power purposes, with specified exceptions, to mineral 
location and development under certain circumstances.