43 CFR 2091.5-5
§ 2091.5-5 Segregative effect and opening: Federal Power Act withdrawals.
United States · 43 CFR — Public Lands: Interior · Status: effective
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- Citation
- 43 CFR 2091.5-5, § 2091.5-5 Segregative effect and opening: Federal Power Act withdrawals, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/210751
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Full text
(a)(1) The filing of an application for a power project with the Federal Energy Regulatory Commission withdraws the lands covered by the application from the operation of the public land laws; however, the lands remain open to the location, lease or disposal of the mineral estate.
(2) The issuance of a permit or license for a project by the Federal Energy Regulatory Commission withdraws the lands from the operation of the mining laws. (See part 3730).
(b) Lands withdrawn under section 24 of the Federal Power Act remain withdrawn until the withdrawal is vacated and the lands opened by proper authority.
(c) After a withdrawal has been vacated, the lands are opened to the operation of the public land laws by notation of the lands records to that effect.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.