[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Rules and Regulations]
[Pages 8195-8196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3451]
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TENNESSEE VALLEY AUTHORITY
18 CFR Part 1310
Administrative Cost Recovery
AGENCY: Tennessee Valley Authority (TVA).
ACTION: Final rule.
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SUMMARY: This final rule amends TVA's administrative cost recovery
regulations by adding a provision requiring payment to TVA of
nonrefundable application processing fees to recover the costs of
reviewing plans for the construction, operation, or maintenance of
dams, appurtenant works, or other obstructions affecting navigation,
flood control, or public lands or reservations in the Tennessee River
system under Section 26a of the TVA Act; eliminating cost recovery
exemptions for agricultural licenses, firewood cutting permits, permits
for the nonexclusive short-term use of TVA land, conveyance or
abandonment of TVA land or landrights to States, municipalities, and
political subdivisions and agencies thereof, and use of TVA land for
utility line crossings; authorizing the responsible land manager to
establish a standard charge for each category of action rather than
determining the actual administrative costs for each individual action;
and increasing the range of fees for certain actions. These amendments
will allow TVA to recover more of its administrative costs incurred in
processing certain actions from those persons who directly benefit from
the actions.
EFFECTIVE DATE: March 17, 1995.
FOR FURTHER INFORMATION CONTACT:
David L. Pack, Manager of Reservoir Land Management, Tennessee Valley
Authority, 17 Ridgeway Road, Norris, Tennessee 37828, (615) 632-1602.
SUPPLEMENTARY INFORMATION: TVA published the proposed rulemaking in the
Federal Register on October 27 (59 FR 53948-49) and invited comments
for 30 days ending November 28, 1994. No comments were received.
Accordingly, TVA is promulgating this final rule as proposed.
In order to help ensure that TVA land management and permitting
activities are self-sustaining to the fullest extent possible, the
agency has determined that its administrative cost recovery regulations
should be expanded to include a broader range of use, disposal, and
permitting activities. This determination is consistent with national
objectives to increase government efficiency and to recover the costs
of government services from those who most directly benefit from the
services.
Persons who wish to construct dams, appurtenant works, or other
obstructions in or along the Tennessee River system are required by
Section 26a of the TVA Act of 1933, as amended, to obtain TVA's
approval of plans for the proposed activity prior to construction.
TVA's administrative cost recovery regulations previously provided for
recovery of costs of actions taken by TVA to approve obstructions
constructed without prior approval of plans. In order to help ensure
that the agency's entire Section 26a permitting program is self-
sustaining to the fullest extent possible, the amended regulations now
provide for recovery of costs of processing permits for proposed
obstructions as well as after-the-fact permit processing. The
responsible TVA land manager has established standard permit processing
fees that will be payable upon submission of a permit application and
will be nonrefundable regardless of whether or not the plans are
approved by TVA.
Initially, the standard application processing fee for private
noncommercial Section 26a permit proposals will be $100, and the
standard fee for commercial, industrial, and public Section 26a permit
application processing will be $500. These fees are based in part upon
a review of costs incurred by TVA in processing these permits. In
addition, TVA examined prevailing permit application fees by conducting
a comparative analysis survey of several other agencies and utilities.
In adjusting application processing fees and in establishing standard
fees for other applicable activities, the responsible land manager will
examine average costs incurred in conducting the various activities.
The amended regulations also provide for increasing TVA's
administrative fee for quota deer hunts and quota turkey hunts at Land
Between The Lakes. The purpose of this fee is to recover the cost of
processing applications, conducting a computerized drawing, and mailing
notification of selection status. The hunting fee will increase from $2
to a range of $5 to $25. This range will allow TVA to recover
increasing costs of conducting the drawings and hunts, and allow a
range of pricing for special hunts and drawings.
Applications received prior to March 17, 1995, will be processed
under the regulations in effect at the time of receipt of the
application.
List of Subjects in 18 CFR Part 1310
Government property, Hunting.
[[Page 8196]] For the reasons set out in the preamble, 18 CFR Part
1310 is revised to read as follows:
PART 1310--ADMINISTRATIVE COST RECOVERY
Sec.
1310.1 Purpose.
1310.2 Application.
1310.3 Assessment of administrative charge.
Authority: 16 U.S.C. 831-831dd; 31 U.S.C. 9701.
Sec. 1310.1 Purpose.
The purpose of the regulations in this part is to establish a
schedule of fees to be charged in connection with the disposition and
uses of, and activities affecting, real property in TVA's custody or
control; approval of plans under Section 26a of the Tennessee Valley
Authority Act of 1933, as amended (16 U.S.C. 831y-1); and certain other
activities in order to help ensure that such activities are self-
sustaining to the full extent possible.
Sec. 1310.2 Application.
(a) General. TVA will undertake the following actions only upon the
condition that the applicant pay to TVA such administrative charge as
the Vice-President of Land Management or the Manager of Power
Properties (hereinafter ``responsible land manager''), as appropriate,
shall assess in accordance with Sec. 1310.3; provided, however, that
the responsible land manager may waive payment where he/she determines
that there is a corresponding benefit to TVA or that such waiver is
otherwise in the public interest:
(1) Conveyances and abandonment of TVA land or landrights.
(2) Licenses and other uses of TVA land not involving the
disposition of TVA real property or interests in real property.
(3) Actions taken to suffer the presence of unauthorized fills and
structures over, on, or across TVA land or landrights, and including
actions not involving the abandonment or disposal of TVA land or
landrights.
(4) Actions taken to approve fills, structures, or other
obstructions under Section 26a of the Tennessee Valley Authority Act of
1933, as amended (16 U.S.C. 831y-1), and TVA's regulations issued
thereunder at part 1304 of this chapter.
(b) Exemption. An administrative charge shall not be made for the
following actions:
(1) Conveyances pursuant to section 4(k)(d) of the Tennessee Valley
Authority Act of 1933, as amended (16 U.S.C. 831c(k)(d)).
(2) Releases of unneeded mineral right options.
(3) TVA phosphate land and mineral transactions.
(4) Permits and licenses for use of TVA land by distributors of TVA
power.
(c) Quota deer hunt and turkey hunt applications. Quota deer hunt
and turkey hunt permit applications will be processed by TVA if
accompanied by the fee prescribed in Sec. 1310.3(d).
Sec. 1310.3 Assessment of administrative charge.
(a) Range of charges. Except as otherwise provided herein, the
responsible land manager shall assess a charge which he/she determines
in his/her sole judgment to be approximately equal to the
administrative costs incurred by TVA for each action including both the
direct cost to TVA and applicable overheads. In determining the amount
of such charge, the responsible land manager may establish a standard
charge for each category of action rather than determining the actual
administrative costs for each individual action. The standard charge
shall be an amount approximately equal to TVA's actual average
administrative costs for the category of action. Charges shall be not
less than the minimum or greater than the maximum amount specified
herein, except as otherwise provided in paragraph (c) of this section.
(1) Land transfers--$500-$10,000.
(2) Use permits or licenses-$50-$5,000.
(3) Actions taken to approve plans for fills, structures, or other
obstructions under Section 26a of the TVA Act--$100-$5,000.
(4) Abandonment of transmission line easements and rights-of-way--
$100-$1,500.
(5) Quota deer hunt or turkey hunt applications--$5-$25.
(b) Basis of charge. The administrative charge assessed by the
responsible land manager shall, to the extent applicable, include the
following costs:
(1) Appraisal of the land or landrights affected;
(2) Assessing applicable rental fees;
(3) Compliance inspections and other field investigations;
(4) Title and record searches;
(5) Preparation for and conducting public auction and negotiated
sales;
(6) Mapping and surveying;
(7) Preparation of conveyance instrument, permit, or other
authorization or approval instrument;
(8) Coordination of the proposed action within TVA and with other
Federal, State, and local agencies;
(9) Legal review; and
(10) Administrative overheads associated with the transaction.
(c) Assessment of charge when actual administrative costs
significantly exceed established range. When the responsible land
manager determines that the actual administrative costs are expected to
significantly exceed the range of costs established in paragraph (a) of
this section, such manager shall not proceed with the TVA action until
agreement is reached on payment of a charge calculated to cover TVA's
actual administrative costs.
(d) Quota deer hunt and turkey hunt application fees. A fee for
each person in the amount prescribed by the responsible land manager
must accompany the complete application form for a quota deer hunt and
turkey hunt permit. Applications will not be processed unless
accompanied by the correct fee amount. No refunds will be made to
unsuccessful applicants, except that fees received after the
application due date will be refunded.
(e) Additional charges. In addition to the charges assessed under
these regulations, TVA may impose a charge in connection with
environmental reviews or other environmental investigations it conducts
under its policies or procedures implementing the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
Kathryn J. Jackson,
Senior Vice President, Resource Group.
[FR Doc. 95-3451 Filed 2-10-95; 8:45 am]
BILLING CODE 8120-01-M
