[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26669]
[[Page Unknown]]
[Federal Register: October 27, 1994]
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TENNESSEE VALLEY AUTHORITY
18 CFR Part 1310
Administrative Cost Recovery
AGENCY: Tennessee Valley Authority (TVA).
ACTION: Proprosed rule.
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SUMMARY: TVA proposes to amend its 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;
increasing the range of fees for certain actions.
The implementation of these regulations would allow TVA to recover
more of its administrative costs incurred in processing certain actions
from those persons who directly benefit from the actions.
DATES: Comments must be submitted on or before November 28, 1994. The
proposed effective date is January 31, 1995.
ADDRESSES: Comments should be sent to David L. Pack, Manager of
Reservoir Land Management, Tennessee Valley Authority, 17 Ridgeway
Road, Norris, Tennessee 37828.
FOR FURTHER INFORMATION CONTACT:
David L. Pack, Manager of Reservoir Land Management, (615) 632-1602.
SUPPLEMENTARY INFORMATION: In order to help ensure that TVA land
management and permitting activities are self-sustaining to the full
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 the objectives of the current administration 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 currently provide 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 full extent possible, TVA now proposes to recover the
costs of processing permits for proposed obstructions as well as after-
the-fact permit processing. The proposed amendment would allow the
responsible land manager to set a standard permit processing fee, which
would be payable upon submission of a permit application and would be
nonrefundable, regardless of whether or not the plans are approved by
TVA.
It is presently envisioned that the standard application processing
fee for private noncommercial Section 26a permit proposals would be
$100, and the standard fee for commercial, industrial, and public
Section 26a permit application processing would be $500. These proposed
fees are based in part upon a preliminary 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
40 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.
TVA presently charges a $2 per applicant 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. TVA proposes the application fee 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.
The proposed effective date of this action is January 31, 1995.
Applications received prior to this date 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.
For the reasons set out in the preamble, 18 CFR Part 1310 is
proposed to be 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) Conveyance 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 in this part,
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 completed 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
this part, 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.)
Dated: October 20, 1994.
David L. Pack,
Manager, Reservoir Land Management.
[FR Doc. 94-26669 Filed 10-26-94; 8:45 am]
BILLING CODE 8120-01-M
