
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
