---
kind: "section"
citation: "43 C.F.R. § 2091.5-5"
title: "43"
number: "2091.5-5"
heading: "Segregative effect and opening: Federal Power Act withdrawals."
url: "https://uscodex.org/cfr/43/2091.5-5"
---

# §2091.5-5. Segregative effect and opening: Federal Power Act withdrawals.

- (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](/cfr/43/part3730.md)).
- (b) Lands withdrawn under section 24 of the Federal Power Act remain withdrawn until the withdrawal is vacated and the lands opened by proper authority.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.

## Notes

### Source

Source: 52 FR 12175, Apr. 15, 1987, unless otherwise noted.

### Authority

Authority: 43 U.S.C. 1740.