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16 U.S.C. § 818 — Public lands included in project; reservation of lands from entry
Federal law — U.S. Code and appendices · legal_authorities
Any lands of the United States included in any proposed project 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 Sta
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Stable record: federal_law:legal_authorities:record_usc_d3911dbf0b131cf733691c80
Source file: Laws/federal/codes/united-states-code/title-16/section-818-public-lands-included-in-project-reservation-of-lands-from-entry--0f01a41e36.md
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Passage SHA-256: 74ae161cf00422d4a6f80899738e63caf99a9e8068f758ce5dc3528ebf73c3a1
Source location: Title 16, Chapter 12, § 818; chapter-012-federal-regulation-and-development-of-power.md
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Any lands of the United States included in any proposed project 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application approval; adjudication; protests; voluntary relinquishment of application**
(1) Subject to valid existing rights, all applications made pursuant to the Acts of June 1, 1938 (52 Stat. 609),11 See References in Text note below. May 3, 1927 (44 Stat. 1364),1 May 14, 1898 (30 Stat. 413),1 and March 3, 1891 (26 Stat. 1097), which were filed with the Department of the Interior within the time provided by applicable law, and which describe land in Alaska that was available for entry under the aforementioned statutes when such entry occurred, are hereby approved on the one hundred and eightieth day following the effective date of this Act, except where provided otherwise by paragraph (3) or (4) of this subsection, or where the land description of the entry must be adjusted pursuant to subsection (b) of this section, in which cases approval pursuant to the terms of this subsection shall be effective at the time the adjustment becomes final.
(2) Where an application describes land within the boundaries of a unit of the National Park System or a unit of the National Wildlife Refuge System, or a unit of the National Wilderness Preservation System in the Tongass or Chugach National Forests established before the effective date of this Act or by this Act, and the described land was not withdrawn pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act [[43 U.S.C. 1610(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a/1&num=0&edition=prelim)], or where an application describes land which has been patented or deeded to the State of Alaska or which on or before the date of entry was validly selected by, tentatively approved, patented, deeded or confirmed to the State of Alaska pursuant to applicable law and was n
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3215
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and conditions for lands withdrawn or acquired for Department of the Interior** Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of the Interior may be issued only under such terms and conditions as the Secretary may prescribe to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired.
**(b) Consent and terms and conditions for lands withdrawn or acquired for Department of Agriculture or for lands for power and related purposes** Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of Agriculture may be issued only with the consent of, and subject to such terms and conditions as may be prescribed by, the head of that Department to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired. Geothermal leases for lands to which [section 818 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section818&num=0&edition=prelim) is applicable, may be issued only with the consent of, and subject to, such terms and conditions as the Secretary of Energy may prescribe to insure adequate utilization of such lands for power and related purposes.
**(c) Exemption of certain Federal lands** Geothermal leases under this chapter shall not be issued for lands administered in accordance with (1) the Act of August 25, 1916 (39 Stat. 535),11 See References in Text note below. as amended or supplemented, (2) for lands within a national recreation area, (3) for lands in a fish hatchery administered by the Secretary, wildlife refuge, wildlife range, game range, wildlife management area, waterfowl production area, or for lands acquired or reserved for the protection and conservation of fish and w
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1014
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acreage limitation; proximity of selections and size of sections and units; waiver**
(1) During a period of three years from December 18, 1971, the Village Corporation for each Native village identified pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) shall select, in accordance with rules established by the Secretary, all of the township or townships in which any part of the village is located, plus an area that will make the total selection equal to the acreage to which the village is entitled under [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613&num=0&edition=prelim). The selection shall be made from lands withdrawn by [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim): Provided, That no Village Corporation may select more than 69,120 acres from lands withdrawn by [section 1610(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a/2&num=0&edition=prelim), and not more than 69,120 acres from the National Wildlife Refuge System, and not more than 69,120 acres in a National Forest: Provided further, That when a Village Corporation selects the surface estate to lands within the National Wildlife Refuge System or Naval Petroleum Reserve Numbered 4, the Regional Corporation, for that region may select the subsurface estate in an equal acreage from other lands withdrawn in [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim) within the region, if possible.
(2) Selections made under this subsectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of applications for certain lands; lands containing coal, oil, or gas; nonmineral lands; lands within National Park System; protests; voluntary relinquishment of application**
(1)
(A) Subject to valid existing rights, all Alaska Native allotment applications made pursuant to the Act of May 17, 1906 (34 Stat. 197, as amended) which were pending before the Department of the Interior on or before December 18, 1971, and which describe either land that was unreserved on December 13, 1968, or land within the National Petroleum Reserve—Alaska (then identified as Naval Petroleum Reserve No. 4) or within Fort Davis (except as provided in subparagraph (B)) are hereby approved on the one hundred and eightieth day following December 2, 1980, except where provided otherwise by paragraph (3), (4), (5), or (6) of this subsection, or where the land description of the allotment must be adjusted pursuant to subsection (b) of this section, in which cases approval pursuant to the terms of this subsection shall be effective at the time the adjustment becomes final. The Secretary shall cause allotments approved pursuant to this section to be surveyed and shall issue trust certificates therefor.
(B) The land referred to in subparagraph (A) with respect to Fort Davis—
(i) shall be restricted to—
(I) the allotment applications named in the decision published at 96 IBLA 42 (1987) and to the acreage involved in those applications; or
(II) the heirs of an applicant who made an application described in subclause (I); and
(ii) shall be subject to valid existing rights and an easement for the Iditarod National Historic Trail established by [section 1244(a)(7) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1244/a/7
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized purposes** The Secretary, with respect to the public lands (including public lands, as defined in [section 1702(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702/e&num=0&edition=prelim), which are reserved from entry pursuant to section 24 of the Federal Power Act ([16 U.S.C. 818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section818&num=0&edition=prelim))) and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for—
(1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water;
(2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith;
(3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith;
(4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 11 So in original. Probably should be part “I”. thereof (41 Stat. 1063, [16 U.S.C. 791a–825r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a–825r&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1761
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Federal law — U.S. Code and appendices · legal_authorities
Page 1388
TITLE 16—CONSERVATION
§ 817
chapter and in such case the provisions of this
chapter shall apply to such applicant as a li-
censee under this chapter: Provided, That when
application is made for a license under this sec-
tion for a project or projects already con-
structed the fair value of said project or projects
determined as provided in this section, shall for
the purposes of this subchapter and of said li-
cense be deemed to be the amount to be allowed
as the net investment of the applicant in such
project or projects as of the date of such license,
or as of the date of such determination, if li-
cense has not been issued. Such fair value shall
be determined by the Commission after notice
and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, § 23(a), 41 Stat. 1075;
renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 210, 212, 49 Stat. 846, 847.)
Editorial Notes
CODIFICATION
Section consists of subsec. (a) of section 23 of act
June 10, 1920, as so designated by act Aug. 26, 1935. Sub-
sec. (b) of section 23 of act June 10, 1920, is set out as
section 817 of this title.
AMENDMENTS
1935—Act Aug. 26, 1935, § 210, amended section gen-
erally, substituting ‘‘part’’ for ‘‘chapter’’ wherever ap-
pearing, substituting ‘‘heretofore’’ for ‘‘then’’, and sub-
stituting the last sentence for ‘‘Such fair value may, in
the discretion of the commission, be determined by mu-
tual agreement between the commission and the appli-
cant or, in case they cannot agree, jurisdiction is here-
by conferred upon the district court of the United
States in the district within which such project or
projects may be located, upon the application of either
party, to hear and determine the amount of such fair
value.’’
§ 817. Projects not affecting
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 818
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