§818 Public lands included in project; reservation of lands from entry

Summary

When federal land is included in a proposed project under this law, that land is held off-limits to entry, claim, or sale from the day the application is filed until the Commission or Congress says otherwise. A notice with the filing date and a description of the land must be put on record in the local land office. If the Commission decides the land won’t be harmed for power development, the Secretary of the Interior can open it again for entry or selection, but only under limits the Commission sets. The United States and its permittees or licensees keep the right to enter, use, and occupy any parts needed for the project, and that right must be kept in any land grant. No one may claim compensation just for that occupation or use. The United States or its licensee may enter sooner, but must pay for damage to crops, buildings, or improvements or post a bond (in the form the Commission requires) to cover such damages. Before lands are opened, the Governor must be notified and has 90 days to apply to reserve any land needed for highways or highway materials; a copy of that application must go to the Federal Power Commission and any later grant is subject to the State’s reserved rights.