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<br />. <br /> <br />. <br /> <br />0022 <br /> <br />-34- <br /> <br />2. Power Site Withdrawals <br /> <br />43 U,S,C. 5 141 62! authorized the President to "temporarily withdraw <br />. . . pub lIe lands . . . and reserve the same for water-power sites." <br /> <br />~.J:.~ <br /> <br />Pursuant to this statute, numerous tracts of land determined to be <br />valuable for development as power sItes were reserved from the public <br />domain. Numerous other sites were classified as valuable for power <br />sites by the Secretary through the Geological Survey, pursuant to <br />the authority granted by Congress.63! Any lands so classified are <br />automatically reserved or withdrawn-from the public domain for power <br />purposes when an applicatIon Is fIled under section 24 of the Federal <br />Power Act for development as a proposed power project.64! <br /> <br />The development of these reserved lands for power purposes Is under <br />the administration of the Federal Power Commission (now the Federal <br />Energy Regulatory Commission). The Secretary of the Interior retains, <br />however, the authority to adminIster and manage these lands for al I <br />other purposes, and can open such lands to location, entry, or selec- <br />tIon under the public land laws, subject to the possibilIty of power <br />development when It Is determined by FERC that the value of such lands <br />for power development wll I not be harmed by such actlvlty.65! <br /> <br />It Is clear that the only purpose for the reservation of these lands <br />Is their value as sItes for power. development. Because the administra- <br />tion of these lands for this single, purpcs." Is not under the juris- <br />diction at this Department, I find It unnecessary to express an opinion <br /> <br />,;~~ <br /> <br />62! Supra, p. 20, note 27, <br /> <br />63! The Act of March 3, 1879, 43 U.S.C. 5 31, provides In pertinent <br />part that "(a) The Director of the Geological Survey. . . shal I have <br />the direction of the Geological Survey, and the classification of the <br />public lands " <br /> <br />64! Section 24 of the Federal Power Act of June 10, 1920, 16 U.S.C. <br />S-818, provides, In pertinent part, that: <br /> <br />Any lands of the United States Included In <br />any proposed project under the provisions <br />of this subchapter shal I from the date of <br />applicatIon therefor be reserved from <br />entry, locatIon, or other disposal under <br />the laws of the United States untl I other- <br />wIse directed by the [Federal Power] <br />CommissIon or by Congress <br /> <br />65! 16 U.S.C. 5 818. <br /> <br />" . <br />...:':~ <br />