[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