§818 Public Lands Included in Project; Reservation of Lands From Entry

Summary

Federal lands included in a proposed project are held back from being claimed, located, or sold from the day an application is filed. A notice with the filing date and a description of the lands must be put in the local land office. If the Commission decides the land’s value for power use won’t be harmed, the Secretary of the Interior can open the land for claim or entry under rules set by the Commission. Any patent must still reserve the right for the United States or its permittees or licensees to enter, occupy, and use parts needed for the project, and no payment is due for that use. The United States or a licensee may enter the land for project work but must pay for any damage to crops, buildings, or improvements, or give a bond that will pay for those damages if a court orders it. Earlier claims on lands reserved as power sites may still go forward under these limits. Before opening reserved lands, the Secretary must tell the state governor, and the state has 90 days to apply to reserve any needed land for highways or for materials to build and maintain highways; a copy of that application goes to the Commission, and future claims must respect any rights the state gets.