[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR14.26]

[Page 242-243]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 14_RIGHTS-OF-WAY--Table of Contents
 
                          Subpart C_Procedures
 
Sec.  14.26  Payment required; exceptions; default; revision of charges.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the charge for use and occupancy of lands under the regulations of this 
part will be the fair market value of the permit, right-of-way, or 
easement, as determined by appraisal by the authorized officer. Periodic 
payments or a lump-sum payment, both payable in advance, will be 
required at the discretion of such officer: (1) When periodic payments 
are required, the applicant will be required to make the first payment 
before the permit, right-of-way, or easement will be issued; (2) upon 
the voluntary relinquishment of such an instrument before the expiration 
of its term, any payment made for any unexpired portion of the term will 
be returned to the payer upon a proper application for repayment to the 
extent that the amount paid covers a full permit, right-of-way, or 
easement year or years after the formal relinquishment: Provided, That 
the total rental received and retained by the Government for that 
permit, right-of-way, or easement, shall not be less than $25. The 
amount to be so returned will be the difference between the total 
payments made and the value of the expired portion of the term 
calculated on the same basis as the original payments.
    (b) Except as provided in paragraph (c) of this section, the charge 
for use and occupancy of lands under the regulations of this part shall 
not be less than $25 per five-year period for any permit, right-of-way, 
or easement issued.
    (c) No charge will be made for the use and occupancy of lands under 
the regulations of this part:
    (1) Where the use and occupancy are exclusively for irrigation 
projects, municipally operated projects, or nonprofit or Rural 
Electrification Administration projects, or where the use is by a 
Federal governmental agency.
    (2) Where the permit, right-of-way, or easement is granted under the 
regulations in Subpart D.
    (d) If a charge required by this section is not paid when due, and 
such default shall continue for 30 days after notice, action may be 
taken to cancel the permit, right-of-way, or easement. After default has 
occurred, structures, buildings, or other equipment may be removed from 
the servient lands except upon written permission first obtained from 
the authorized officer.
    (e) At any time not less than five years after either the grant of 
the permit, right-of-way, or easement or the last revision of charges 
thereunder, the authorized officer, after reasonable notice and 
opportunity for hearing, may review such charges and impose such new 
charges as may be reasonable and proper commencing with the ensuing 
charge year.
    (f) The provisions of this section shall not have the effect of 
changing, modifying, or amending the rental rates or charges imposed for 
existing

[[Page 243]]

water power projects under rights-of-way previously approved by this 
Department.