16 U.S.C. § 818

Public lands included in project; reservation of lands from entry

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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.

Notes of Decisions

Cited in 18 cases, 1955–2015 · leading case: Fed. Power Comm'n v. Oregon, 349 U.S. 435 (1955).

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Fed. Power Comm'n v. Oregon, 349 U.S. 435 (1955). · cites it 2× “1075 -1076, and amendments, 16 U. S. C. § 818 . [7] "(44) Under present circumstances and conditions, and upon the terms and conditions hereinafter provided in the license, the project is best adapted to a comprehensive plan for the improvement and utilization of water-power…”

Reeves v. Andrus, 465 F. Supp. 1065 (D. Alaska 1979). · cites it 7× “Section 24 of the Federal Power Act, 16 U.S.C. § 818 (1976) 2 , provides that lands of *1068 the United States included within any proposed project “shall from the date of filing of application therefor be reserved from entry, location, or other disposal under the laws of the…”

Lee v. United States, 629 F. Supp. 721 (D. Alaska 1985). “When Lee, Eklund, and Carr petitioned the FPC for restoration of their lands, they were notified that the FPC had already made a determination under section 24 of the Federal Power Act, 16 U.S.C. § 818 (1982), that the value of those lands as a power site would suffer “no…”

Donnelly v. United States, 850 F.2d 1313 (9th Cir. 1988). · cites it 2× “Although § 24 of the Federal Power Act (FPA), 16 U.S.C. § 818 , provides that the Secretary of the Interior shall restore lands to entry after a “no injury” determination, the Secretary did not do so (for unknown reasons).”

Foust v. Lujan, 942 F.2d 712 (10th Cir. 1991). · cites it 2× “On August 29, 1930, lots 4 and 5, previously withdrawn for power sites, were restored to entry pursuant to section 24 of the Federal Power Act (FPA), as amended, 16 U.S.C. § 818 (1982). Plaintiff’s Exh. 58.”

The Chemehuevi Tribe of Indians v. Fed. Power Comm'n, Arizona Pub. Serv. Co., Intervenors, 489 F.2d 1207 (D.C. Cir. 1973). “) The proviso to § 24, as amended, 16 U.S.C. § 818 , accorded retroactive application to that section’s provision for the protection of licenses in their utilization of public lands for which application had been made for use in constructing “water power” facilities.”

McIntyre v. United States, 568 F. Supp. 1 (D. Alaska 1983). “The basis of the challenge is an allegation that the Secretary acted arbitrarily or contrary to law by failing to return the subject 22V2 acres to the status of open to entry for homesteading after a “no injury” determination by the Federal Power Commission pursuant to § 24 of…”

Clouser v. Espy, 42 F.3d 1522 (9th Cir. 1994). “The lands on which it is located were withdrawn from mineral entry on January 7, 1926, pursuant to § 24 of the Federal Power Act of 1920, codified as amended at 16 U.S.C. § 818 . The land was reopened to mineral entry in 1955, but withdrawn again pursuant to the Wild and Scenic…”

United States v. Hook, 38 F. App'x 447 (9th Cir. 2002). “See 16 U.S.C. § 818 . Later on, and before the Hound Dog claim was located, the property was again open “to entry for location and patent of mining claims,” but with severe restrictions.”

Donnelly v. United States, 841 F.2d 968 (9th Cir. 1988). · cites it 2× “Accordingly, the Donnellys’ homestead applications to settle on some of this land were rejected in 1957 and again in 1959.”

California ex rel. State Water Resources Control Bd. v. Fed. Energy Regulatory Comm'n, 966 F.2d 1541 (9th Cir. 1992). · cites it 2× “Section 24 of the FWPA ( 16 U.S.C. § 818 ) provided that “any lands of the United States included in any proposed project under this [Part] shall from the date of filing of application therefor be reserved from entry, location, or other disposal under the laws of the United…”

White v. Ames Mining Co., 349 P.2d 550 (Idaho 1960). · cites it 2× “1075 ; 16 U.S.C.A. § 818 , and was restored August 11, 1955, to entry for location of mining claims, subject nevertheless to retention by the United States of all power rights to such lands, by Public Law 359, 84th Congress, c.”

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