[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: 43CFR2320.0-3]



[Page 86]

 

                    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determine that the value of any lands of the United States withdrawn or 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withdrawn for national forest or other purposes.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et seq.), opened public lands which were then, or thereafter, withdrawn 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.