[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR11.2]

[Page 177]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 11_ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT--Table of Contents
 
 Subpart A_Charges for Costs of Administration, Use of Tribal Lands and 
           Other Government Lands, and Use of Government Dams
 
Sec. 11.2  Use of government lands.

    (a) Reasonable annual charges for recompensing the United States for 
the use, occupancy, and enjoyment of its lands (other than lands 
adjoining or pertaining to Government dams or other structures owned by 
the United States Government) or its other property, will be fixed by 
the Commission. In fixing such charges the Commission may take into 
consideration such factors as commercial value, the most profitable use 
for which the lands or other property may be suited, the beneficial 
purpose for which said lands or other property have been or may be used, 
and such other factors as the Commission may deem pertinent.
    (b) Pending further order of the Commission and subject to 
adjustments as conditions may warrant, annual charges for the use of 
government lands will be payable in advance, and will be set on the 
basis of the schedule of rental fees for linear rights-of-way as set out 
in Appendix A of this part. Annual charges for transmission line rights-
of-way will be equal to the per-acre charges established by the above 
schedule. Annual charges for other project lands will be equal to twice 
the charges established by the schedule. The Commission, by its designee 
the Executive Director, will update its fees schedule to reflect changes 
in land values established by the Forest Service. The Executive Director 
will publish the updated fee schedule in the Federal Register.
    (c)(1) The annual land use charge payable for the nine month 
transition year of the implementation of this rule (1987) will be 
payable in three equal installments, with an installment included in the 
land use charges bills for 1988, 1989, and 1990.
    (2) The charge for one year will equal an amount as computed under 
the procedures outlined in this section, or twice the previous full 
normal year's bill (not including the installments described in 
paragraph (c)(1) of this section), whichever is less.
    (d) The minimum annual charge for use of Government lands under any 
license will be $25.
    (e) No licensee under a license issued prior to August 26, 1935, 
shall be required to pay annual charges in an amount greater than that 
prescribed in such license, except as may be otherwise provided in the 
license.

[Order 560, 42 FR 1229, Jan. 6, 1977; 42 FR 6366, Feb. 2, 1977. 
Redesignated at 51 FR 24318, July 3, 1986; Order No. 469, 52 FR 18209, 
May 14, 1987; 53 FR 44859, Nov. 7, 1988]