Pub. L. 108-452, tit. I, sec. 104

EFFECT OF HYDROELECTRIC WITHDRAWALS.

EnactedYear: 2004Length: 384 wordsOfficial source
SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS.(a) Land Withdrawn, Reserved, or Classified for Power Site or Power Project Purposes.—If the State has filed a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)) for land withdrawn, reserved, or classified for power site or power project purposes, notwithstanding the withdrawal, reservation, or classification for power site or power project purposes, the following parcels of land shall be deemed to be vacant, unappropriated, and unreserved within the meaning of Public Law 85–508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 339): Serial NumberArea NameGeneral Selection Application Number AKAA 058747Bradley Lake GS 5141 AKAA 058848Bradley Lake GS 44 AKAA 058266Eagle River/Ship Creek/Peters Creek GS 1429 AKAA 058265Eagle River/Ship Creek/Peters Creek GS 1209 AKAA 058374Salmon Creek GS 327 AKF 031321Nenana River GS 2182 AKAA 059056Solomon Gulch at Valdez GS 86 AKFF 085798Kruzgamepa River Pass Creek GS 4096. (b) Limitation.—Subsection (a) does not apply to any land that is—(1) located within the boundaries of a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); or(2) otherwise unavailable for conveyance under Public Law 85–508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 339).(c) Requirement Applicable to National Forest System Land.—Any land described in subsection (a) that is in a unit of the National Forest System shall not be conveyed unless the Secretary of Agriculture approved the State selection before January 3, 1994. (d) Requirements Applicable to Hydroelectric Applications and Licensed Projects.—(1) Hydroelectric applications.—Any selection of land described in subsection (a) that is included in a hydroelectric application—(A) shall be subject to the jurisdiction of the Federal Energy Regulatory Commission; and(B) shall not be conveyed while the hydroelectric application is pending.(2) Licensed project.—Any selection of land described in subsection (a) that is included in a licensed project shall be subject to—118 STAT. 3579(A) the jurisdiction of the Federal Energy Regulatory Commission;(B) the rights of third parties; and (C) the right of reentry under section 24 of the Federal Power Act (16 U.S.C. 818).(e) Effect of Section.—Nothing in this section negates or diminishes any right of an applicant to petition for restoration and opening of land withdrawn or classified for power purposes under section 24 of the Federal Power Act (16 U.S.C. 818).