his ability to finance the preliminary work as well as the project applied for. Exhibit H. A general map showing the nature of the proposed project, its principal features and their location, and the location of the project as a whole with reference to some well-known town or stream. On this map shall be placed a line indicating the approximate project boundary of the area to be occupied by the principal project works, such as, dams, reservoirs, forebays, waterways, and powerhouses, but excluding transmission lines, and where necessary in order to determine the location of such structures on the ground, there shall be shown on the map their relative positions with respect to permanent monuments or objects that can be readily recognized from descriptions thereof noted on the map. (See specifications for drawings, § 4.42.) Exhibit I. This exhibit shall be submitted only if public lands or reservations are affected and shall be a map of the proposed project showing principal project works in a manner similar to the preceding exhibit H, except that such map shall show and shall be on a scale to present effectively a tentative project boundary which shall be the line enclosing all quarter-quarter sections, lots, and other smallest legal subdivisions of public-land survey which may be occupied or used in whole or in part by the project. It shall also show the status of lands, indicating separately lands patented, lands entered or otherwise embraced in any unperfected claim under the public-land laws, unreserved public lands, and lands of each and every reservation affected. (See specifications for drawings, § 4.42.) If desired a single map may be submitted for exhibits H and I, provided it shows all the information required for both.) [Order 141, 12 FR 8485, Dec. 19, 1947, as amended by Order 175, 19 FR 5216, Aug. 18, 1954; Order 260, 28 FR 315, Jan. 11, 1963; Order 501, 39 FR 2266, Jan. 18, 1974] § 4.83 Hearing on application. A hearing upon an application may be ordered by the Commission, in its discretion, either upon its own motion or upon the motion of any party in interest. The hearing shall be limited to the issues specified by order or orders of the Commission. [Order 175, 19 FR 5217, Aug. 18, 1954] § 4.84 Amendments. Applications for amendments of preliminary permits shall follow the form prescribed for original applications, as far as applicable, and shall be filed in accordance with §4.31. If an application for an amendment embraces sites or areas not covered by the original permit, notice of such application will be given in the manner required for the original application. [Order 501, 39 FR 2266, Jan. 18, 1974] § 4.85 Issuance and acknowledgment of acceptance. When the Commission shall have issued a preliminary permit or an amendment thereof, the same shall be forwarded to the applicant for acknowledgment of acceptance. Unless application for rehearing is filed, or unless the order is stayed by the Cǝmmission, the order issuing the permit shall become final thirty (30) days from the date of issuance and the acceptance shall be filed in triplicate with the Commission within sixty (60) days from date of issuance of the permit or the amendment. [Order 175, 19 FR 5217, Aug. 18, 1954] § 5.1 Amendment of license. Where a licensee desires to make a change in the physical features of the project or its boundary, and/or make an addition or betterment and/or abandonment or conversion, of such character as to constitute an alteration of the license, application for an amendment of the license shall be filed with the Commission, fully describing the changes licensee desires to make. Furthermore, the provisions of § 2.81(a) of this chapter shall apply to all applications for amendment of license as defined therein. If it is determined that approval of the application for amendment of license would constitute an alteration of license pursuant to section 6 of the Act, public notice of such application shall be given at least 30 days prior to action upon the application. The application for amendment of license shall be verified, shall conform to § 131.30 of this chapter and shall be filed in accordance with § 4.31 of this chapter. (Secs. 308 and 309; 49 Stat. 858, 859 (16 U.S.C. 825g, 825h)) [Order No. 570, 42 FR 40191, Aug. 9, 1977] § 5.2 Amendment of plans. Application for amendment of plans for a project under license shall be filed with the Commission, fully describing the changes licensee proposes to make. (See note to § 131.30 of this chapter.) [Order 141, 12 FR 8491, Dec. 19, 1947] § 5.3 Extension of time. Application for extension of time fixed in the license for commencement or completion of construction of project works shall be filed with the Commission not less than 3 months prior to the date or dates so fixed. (See § 131.30 of this chapter.) [Order 141, 12 FR 8491, Dec. 19, 1947] § 5.4 Issuance and acknowledgment of acceptance. Section 4.33 of this chapter is applicable. [Order 175, 19 FR 5217, Aug. 18, 1954] § 6.1 Application for surrender. Every application for surrender of a license shall state the reason therefor; and, except in the case of an application for surrender of a license for a minor project, or for a transmission line only, shall be executed by the licensee and filed in the same form and manner as the application for license, and shall be accompanied by the license and all amendments thereof. Public notice of such application shall be given at least 30 days prior to action upon the application. (Secs. 308 and 309; 49 Stat. 858, 859 (16 U.S.C. 825g, 825h)) [Order No. 570, 42 FR 40191, Aug. 9, 1977] CROSS REFERENCES: For application for license, general provisions, see §§ 4.30 to 4.33, inclusive, of this chapter. For application for license for proposed major project or minor part thereof, see §§ 4.40 to 4.42, inclusive, of this chapter. For application for license for constructed major project or minor part thereof, see §§ 4.50 and 4.51 of this chapter. For forms for application for licenses, see §§ 131.2 to 131.6, inclusive, of this chapter. § 6.2 Surrender of license. Licenses may be surrendered only upon the fulfillment by the licensee of such obligations under the license as the Commission may prescribe, and, if the project works authorized under the license have been constructed in whole or in part, upon such conditions with respect to the disposition of such works as may be determined by the Commission. Where project works have been constructed on lands of the United States the licensee will be required to restore the lands to a condition satisfactory to the Department having supervision over such lands and annual charges will continue until such restoration has been satisfactorily completed. [Order 175, 19 FR 5217, Aug. 18, 1954] § 6.3 Termination of license. Licenses may be terminated by written order of the Commission not less than 90 days after notice thereof shall have been mailed to the licensee by registered mail to the last address whereof the Commission has been notified by the licensee, if there is failure to commence actual construction of the project works within the time prescribed in the license, or as extended by the Commission. Upon like notice, the authority granted under a license with respect to any separable part of the project works may be terminated if there is failure to begin construction of such separable part within the time prescribed or as extended by the Commission. § 6.4 Termination by implied surrender. If any licensee holding a license subject to the provisions of section 10(i) of the act shall cause or suffer essential project property to be removed or destroyed, or become unfit for use, without replacement, or shall abandon, or shall discontinue good faith operation of the project for a period of three years, the Commission will deem it to be the intent of the licensee to surrender the license; and not less than 90 days after public notice may in its discretion terminate the license. § 6.5 Annual charges. Annual charges arising under a license surrendered or terminated shall continue until the effective date set forth in the Commission's order with respect to such surrender or termination. [Order 175, 19 FR 5217, Aug. 18, 1954] CROSS REFERENCE: For annual charges, see Part 11 of this chapter. PART 8-RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED PROJECTS Sec. 8.1 Publication of license conditions relating to recreation. 8.2 Posting of project lands as to recreational use and availability of information. 8.3 Discrimination prohibited. 8.11 Information respecting use and development of public recreational opportunities. AUTHORITY: The provisions of this Part 8 issued under secs. 4, 10, 309, 41 Stat. 1065, 1068; 49 Stat. 839, 842, 858; 16 U.S.C. 797, 803, 825h. § 8.1 Publication of license conditions relating to recreation. Following the issuance or amendment of a license, the licensee shall make reasonable efforts to keep the public informed of the availability of project lands and waters for recreational purposes, and of the license conditions of interest to persons who may be interested in the recreational aspects of the project or who may wish to acquire lands in its vicinity. Such efforts shall include but not be limited to: the publication of notice in a local newspaper once each week for 4 weeks of the project's license conditions which relate to public access to and the use of the project waters and lands for recreational purposes, recreational plans, installation of recreation and fish and wildlife facilities, reservoir water surface elevations, minimum water releases or rates of change of water releases and such other conditions of general public interest as the Commission may designate in the order issuing or amending the license. [Order 299, 30 FR 7313, June 3, 1965] § 8.2 Posting of project lands as to recreational use and availability of information. (a) Following the issuance or amendment of a license, the licensee shall post and shall maintain at all points of public access which are required by the license (or at such access points as are specifically designated for this purpose by the licensee) and at such other points as are subsequently prescribed by the Commission on its own motion or upon the recommendation of a public recreation agency operating in the area in which the project is located, a conspicuous sign giving the name of the project and the owner of the project, a statement that it is licensed by the Commission and the project number, directions to the areas of the project which are available for public recreation use, permissible times and activities, and other regulations regarding such use, and advising that further information may be obtained at local offices of the licensee in the vicinity of the project. In addition, the licensee shall post at such locations conspicuous notice that the recreation facilities are open to all members of the public without discrimination. (b) The licensee shall make available for inspection at its local offices in the vicinity of the project the recreation plan approved by the Commission and the entire license instrument, properly indexed for easy reference to the license conditions designated for publications in § 8.1. [Order 299, 30 FR 7313, June 3, 1965, as amended by Order 341, 32 FR 6488, Apr. 27, 1967; 32 FR 11640, Aug. 11, 1967] § 8.3 Discrimination prohibited. Every licensee maintaining recreation facilities for the use of the public at a licensed project, or employing or permitting any other person to maintain such facilities, shall permit, or require such other person to permit, equal and unobstructed use of such facilities to all members of the public without regard to race, color, religious creed or national origin. [Order 341, 32 FR 6488, Apr. 27, 1967] § 8.11 Information respecting use and development of public recreational opportunities. (a) Except as provided in paragraph (b) of this section, each licensee of a project under major or minor Commission license shall prepare with respect to each such project owned and filed by November 30 of each odd-numbered year, an original and two conformed copies of FPC Form No. 80 prescribed by § 141.14 of this chapter for use by licensees of projects under major and minor license. Forms filed subsequently to the initial filing need be completed only to the extent necessary to correct, supplement, update, or add to the information supplied in a previously filed form. One copy of the report should be retained by the correspondent in its file. (b) A licensee or applicant who submits a statement that it has previously filed an acceptable recreational use plan pursuant to a special license condition or § 4.41 Exhibit R, of this chapter will not be required to file its initial Form 80 until November 30 of the first odd-numbered year following the year in which the plan was filed. Such statement shall indicate the document previously so filed and its status, i.e., whether approved as being an accepted recreational use plan submitted pursuant to a special license condition, or as an Exhibit R in a pending license application, or as the case may be. (c) A licensee may request an exemption from any further filing of Form 80, for a project or any development thereof which has no recreational use or potential, by submitting a statement not later than 6 months prior to the due date for the next filing, stating that Form 80 has been filed previously for the project or development thereof and setting out the basis for believing that the project has no recreational use or potential. [Order 422, 36 FR 3190, Feb. 19, 1971] CROSS REFERENCE: For application for approval of transfer of license, see § 131.20 of this chapter. APPLICATION FOR TRANSFER OF LICENSE § 9.1 Filing. Any licensee desiring to transfer a license or rights thereunder granted, and the person, association, corporation, State, or municipality desiring to acquire the same, shall jointly or severally file an application for approval of such transfer and acquisition. Such application shall be verified, shall conform to § 131.20 of this chapter, and shall be filed in accordance with § 4.31 of this chapter. [Order 501, 39 FR 2267, Jan. 18, 1974] § 9.2 Contents of application. Every application for approval of such transfer and acquisition by the proposed transferee shall set forth in appropriate detail the qualifications of the transferee to hold such license and to operate the property under license, which qualifications shall be the same as those required of applicants for li cense. CROSS REFERENCES: For administrative rules relating to applicants for license, see Part 1 of this chapter. For regulations as to licenses and permits, see Part 4 of this chapter. § 9.3 Transfer. (a) Approval by the Commission of transfer of a license is contingent upon the transfer of title to the properties under license, delivery of all license instruments, and a showing that such transfer is in the public interest. The transferee shall be subject to all the conditions of the license and to all the provisions and conditions of the act, as though such transferee were the original licensee and shall be responsible for the payment of annual charges which accrue prior to the date of transfer. (b) When the Commission shall have approved the transfer of the license, its order of approval shall be forwarded to the transferee for acknowledgment of acceptance. Unless application for rehearing is filed, or unless the order is stayed by the Commission, the order shall become final thirty (30) days from date of issuance and the acknowledgment of acceptance shall be filed in triplicate with the Commission within sixty (60) days from date of issuance accompanied by a certified copy of the deed of conveyance or other instrument evidencing transfer of the property under license, together with evidence of the recording thereof. [Order 175, 19 FR 5217, Aug. 18, 1954] APPLICATION FOR LEASE OF PROJECT § 9.10 Filing. Any licensee desiring to lease the project property covered by a license or any part thereof, whereby the lessee is granted the exclusive occupancy, possession, or use of project works for purposes of generating, transmitting, or distributing power, and the person, association, or corporation, State, or municipality desiring to acquire such project property by lease, shall file as many copies of such proposed lease together with as many copies of the application as required in accordance with § 4.31 of this chapter. Such application and action thereon by the Commission will, in general, be subject to the provisions of §§ 9.1-9.3. [Order 501, 39 FR 2267, Jan. 18, 1974] |