16 U.S.C. § 818 : US Code - Section 818: Public lands included in project; reservation of lands from entry

Search 16 U.S.C. § 818 : US Code - Section 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.