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

Summary

When federal land is put into a proposed power project, the land is set aside from the date the application is filed. That means no one can claim, locate, or take the land under normal public-land rules until the Commission or Congress says otherwise. A notice with the filing date and a description of the land must be filed in the local land office. If the Commission finds the land can be opened without hurting power development, the Secretary of the Interior can open it for entry or selection with limits the Commission sets. The United States and its permittees or licensees keep the right to enter and use what is needed for the project, and people cannot get compensation for that use. The government or its licensee may enter after paying damages to owners for crops or buildings or after giving a bond to guarantee payment, with damage claims decided in court. Earlier claims on lands reserved for power may still be approved but under these same limits. Before opening reserved lands, the Secretary must tell the State governor, who then has 90 days to ask to reserve land for highways or road materials; any later entries or patents must respect those state rights.