[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2091.5-5]



[Page 54]

 

                    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    (b) Lands withdrawn under section 24 of the Federal Power Act remain 

withdrawn until the withdrawal is vacated and the lands opened by proper 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.