[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