§ 818. — Public lands included in project; reservation of lands from entry.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC818]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 818. Public lands included in project; reservation of lands
from entry
Any lands of the United States included in any proposed projection
under the provisions of this subchapter shall from the date of filing of
application therefor be reserved from entry, location, or other disposal
under the laws of the United States until otherwise directed by the
commission or by Congress. Notice that such application has been made,
together with the date of filing thereof and a description of the lands
of the United States affected thereby, shall be filed in the local land
office for the district in which such lands are located. Whenever the
commission shall determine that the value of any lands of the United
States so applied for, or heretofore or hereafter reserved or classified
as power sites, will not be injured or destroyed for the purposes of
power development by location, entry, or selection under the public-land
laws, the Secretary of the Interior, upon notice of such determination,
shall declare such lands open to location, entry, or selection, for such
purpose or purposes and under such restrictions as the Commission may
determine, 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
part or all of said lands necessary, in the judgment of the Commission,
for the purposes of this subchapter, which right shall be expressly
reserved in every patent issued for such lands; and no claim or right to
compensation shall accrue from the occupation or use of any of said
lands for said purposes. The United States or any licensee for any such
lands hereunder may enter thereupon for the purposes of this subchapter,
upon payment of any damages to crops, buildings, or other improvements
caused thereby to the owner thereof, or upon giving a good and
sufficient bond to the United States for the use and benefit of the
owner to secure the payment of such damages as may be determined and
fixed in an action brought upon the bond in a court of competent
jurisdiction, said bond to be in the form prescribed by the Commission:
Provided, That locations, entries, selections, or filings heretofore
made for lands reserved as water-power sites, or in connection with
water-power development, or electrical transmission may proceed to
approval or patent under and subject to the limitations and conditions
in this section contained: Provided further, That before any lands
applied for, or heretofore or hereafter reserved, or classified as power
sites, are declared open to location, entry, or selection by the
Secretary of the Interior, notice of intention to make such declaration
shall be given to the Governor of the State within which such lands are
located, and such State shall have ninety days from the date of such
notice within which to file, under any statute or regulation applicable
thereto, an application for the reservation to the State, or any
political subdivision thereof, of 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, and a copy of such application shall
be filed with the Federal Power Commission; and any location, entry, or
selection of such lands, or subsequent patent thereof, shall be subject
to any rights granted the State pursuant to such application.
(June 10, 1920, ch. 285, pt. I, Sec. 24, 41 Stat. 1075; renumbered pt. I
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 211, 212, 49 Stat.
846, 847; May 28, 1948, ch. 351, 62 Stat. 275.)
References in Text
The public-land laws, referred to in text, are classified generally
to Title 43, Public Lands.
Amendments
1948--Act May 28, 1948, inserted second proviso in last sentence so
that States may apply for reservations of portions of power sites
released for entry, location, or selection to the States for highway
purposes.
1935--Act Aug. 26, 1935, Sec. 211, amended section generally,
inserting ``for such purpose or purposes and under such restrictions as
the commission may determine'', substituted ``part'' for ``chapter''
wherever appearing, and striking out from proviso ``prior to June 10,
1920'' after ``made''.
Transfer of Functions
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in section 3215 of this title; title 30
section 1014; title 43 sections 1634, 1761.
