area to be selected by the permittee in compact form according to the legal subdivisions of the public land surveys if the land has been surveyed, or to be surveyed at his expense under rules and regulations established by the Secretary of the Interior if located on unsurveyed land.

§ 1908. Disposition of land not included in patents; homestead entries

After the issuance of any patent pursuant to section 1907 of this title, the remaining area within the limits of the land embraced in the permit shall be subject to entry and disposal only under the homestead laws.

§ 1909. Proceeds of land as part of reclamation fund

The receipts obtained from the sale of lands made subject to disposal under the homestead laws by section 1908 of this title shall be paid into, reserved, and appropriated as a part of the reclamation fund continued by chapter 195 of this title.

§ 1910. Reservation of coal and mineral right; disposition of such reserved right

All entries made and patents issued under the provisions of this chapter shall be subject to and contain a reservation to the United States of all the coal and other valuable minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same. The coal and other valuable mineral deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal and mineral land laws in force at the time of such disposal. Any person qualified to locate and enter the coal or other mineral deposits, or having the right to mine and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered or patented, as provided by this chapter, for the purpose of prospecting for coal or other mineral therein, provided he shall not injure, damage, or destroy the permanent improvements of the entryman or patentee, and shall be liable to and shall compensate the entryman or patentee for all damages to the crops on such lands by reason of such prospecting. Any person who has acquired from the United States, the coal or other mineral deposits in any such land, or the right to mine or remove the same, may re-enter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining or removal of the coal or other minerals, first, upon securing the written consent or waiver of the homestead entryman or patentee; second, upon payment

of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entryman or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the manager of the local land office of the district wherein the land is situate, subject to appeal to the Director of the Bureau of Land Management. All patents issued for the coal or other mineral deposits herein reserved shall contain appropriate notations declaring them to be subject to the provisions of this chapter with reference to the disposition, occupancy, and use of the surface of the land.

Sec.

CHAPTER 117-APPROPRIATION OF WATERS

RESERVOIR SITES

1921. Appropriation of waters on public lands; rights-of-way for canals and ditches.

1922. Reservation of reservoir sites generally.

1923. Restriction of reservoir sites to inclusion of necessary lands.

1924. Rights of way over reservoir sites generally.

1925. Rights of way over reservoir sites, roads, railroads, or other highways. 1926. Suits for adjudication of water rights-Joinder of United States as defendant, costs.

§ 1921. Appropriation of waters on public lands; right-of-way for canals and ditches

Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued on the public lands not reserved for public uses, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and a right-of-way or easement for the construction of ditches, canals and other works for the purposes herein specified is acknowledged and confirmed. Whenever any person, in the construction of any ditch, canal, or other works injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

All patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs

used in connection with such water rights, as may have been acquired under or recognized by this section.

§ 1922. Reservation of reservoir sites generally

Sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, located or selected by the United States Geological Survey prior to August 30, 1890, and reservoir sites thereafter located or selected by said Survey on public lands shall be reserved from entry or settlement, except that from the date of the location or selection thereof the President may at any time in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement under the homestead laws.

§ 1923. Restriction of reservoir sites to inclusion of necessary lands

Reservoir sites located or selected by the United States Geological Survey shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs.

§ 1924. Rights-of-way over reservoir sites generally

All reservoir sites reserved on public lands shall be open to use and occupation under sections 946 to 949, inclusive, of title 43, United States Code, 1946 edition, and any State may improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe. The charges for water coming in whole or in part from reservoir sites used or occupied under the provisions of this section shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or in part situate.

§ 1925. Rights-of-way over reservoir sites, roads, railroads, or other highways

In the form provided by law the Secretary of the Interior may file and approve surveys and plats of any rights-of-way for roads, railroads, or other highways over and across reservoir sites on public lands when in his judgment the public interests will not be injuriously affected thereby.

§ 1926. Suits for adjudication of water rights-Joinder of United States as defendant; costs

(a) Consent is given to join the United States as a defendant

in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. No judgment for costs shall be entered against the United States in any such suit. (b) Summons or other process in any such suit shall be served upon the Attorney General or his designated representative.

(c) Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream.

PART V-FEDERAL REGULATION AND
DEVELOPMENT OF POWER

CHAPTER

SEC.

121. FEDERAL POWER COMMISSION; DEVELOPMENT OF WATER POWER AND RESOURCES

2001

123. REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE._.

2061

125. LICENSES AND PUBLIC UTILITIES; PROCEDURAL AND ADMINISTRATIVE PROVISIONS_

2101

127. REGULATION OF NATURAL GAS-

129. BONNEVILLE POWER ADMINISTRATION AND DAM_-

131. FORT PECK DAM AND HYDROELECTRIC POWER PLANT

CHAPTER 121-FEDERAL POWER COMMISSION; DEVEL

OPMENT OF WATER POWER AND RESOURCES

2181

2301

2351

Sec.

2001. Definitions.

2002. Federal Power Commission; number and appointment; term, qualifications, vacancies, quorum, and chairman; salary and sessions.

2003. Officers and employees of Commission; details; expenditures.

2004. General powers of Commission.

2005. Notice of applications for permits, licenses.

2006. Purpose and scope of preliminary permits; transfer and cancellation.

2007. Limitations on licensing power of Commission.

2008. Annual report to Congress.

2009. Licenses; duration, conditions, revocation, alteration, or surrender.

2010. Preferences in issuance of preliminary permits or licenses.

2011. Transfer of license; obligations of transferee.

2012. Information to accompany application for license.

2013. Conditions of license generally.

Sec.

2014. Public service licensee; regulation by State or by Commission as to service, rates, and charges; complaints; jurisdiction.

2015. Waiver of conditions.

2016. Project works affecting navigable waters; requirements insertable in license.

2017. Participation by Government in payment of cost of locks and navigation structures.

2018. Time limit for construction of project works; extension of time; termina

tion or revocation of licenses for delay.

2019. Action for revocation of license or to prevent violations of license. 2020. Right of Government to take over project works; compensation; condemnation by Federal or State Government; exception.

2021. New licenses and renewals; compensation of old licensee.

2022. Contract to furnish power extending beyond period of license; obligations of new licensee.

2023. Temporary use by Government of project works for national safety; compensation for use.

2024. Disposition of charges arising from licenses; delinquencies, penalties. 2025. Construction of lights, signals, fishways required; operation of navigation facilities; rules and regulations; penalties.

2026. Power entering into interstate commerce; regulation of rates, charges, and issuance of securities.

2027. Exercise by licensee of power of eminent domain; jurisdiction.

2028. Existing rights not affected, licenses; value of projects to be determined. 2029. Protection of navigable waters, preservation of rights; projects not affecting navigable waters.

2030. Public lands included in project; reservation of lands from entry; opening lands for entry.

2031. National Park System and miscellaneous areas; exception.

2032. State laws and water rights unaffected.

2033. Reservation of right to alter or repeal chapter.

2034. Saving clause.

§ 2001. Definitions

(a) As used in this chapter and chapters 123, 125, and 127 of this title:

(1) "Commission" and "Commissioner", standing alone, mean the Federal Power Commission, and a member thereof, respectively;

(2) "Corporation" means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include "municipalities" as hereinafter defined;

(3) "Licensee" means any person, State, or municipality licensed under the provisions of section 2004 of this title, and any assignee or successor in interest thereof.

(4) "Municipality" means a city, county, town, township, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power;