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 1. This exhibit shall be submitted only if pubilc lands or reservations are affected and shall be a map of the proposed project showing principal project works in & 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 publicland 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 emoraced in any unperfected claim under the public-land laws, unreserved pub lic lands, and lands of each and every reservation affected. (See specifications 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.) for [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 acknowledg § 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 11cense, 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 amendment of license as defined therein. If it is determined that approval of the application would represent a substantial alteration to a major project under 3.114, a hearing will be held and the provisions and requirements of §4.32 of this chapter shall apply. The application for amendment of license shall be verified, shall conform to 131.30 of this chapter and shall be filed for in accordance with §4.31 of this chapter. [Order 518, 39 FR 40943, Nov. 22, 1974] § 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 F.R. 8491, Dec. 19, 1947] § 5.3 Extension of time. Application for extension of time fixed in the license for com.nencement 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 F.R. 8491, Dec. 19, 1947] AUTHORITY: The provisions of this Part 6 issued under secs. 6, 10(1), 13, 41 Stat. 1067, 1068, 1071, as amended, sec. 309, 49 Stat. 858; 16 U.S.C. 799, 803(1), 806, t25h. SOURCE: The provisions of this Part 6 contained in Order 141, 12 FR. 8491, Dec. 19. 1947, unless otherwise noted. § 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 filled in the same form and manner as the application for license; and be accompanied by the license and all amendments thereof. CROSS REFERENCES: For application for 11cense, 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 1 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 F. R. 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 tnereof 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(1) 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. § 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 loca! 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 rec reational 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 F.R. 7313, June 3, 1965, as amended by Order 341, 32 FR. 6488, Apr. 27, 1967; 32 F.R. 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 F.R. 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 file 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 sup Met 'n a treviously Ted form. Che copy of the poort should be retained by the correspondent n ts ile b) A icenses or 10licant who subnits a statement that t as previously Ted in acceptable pereational ise Jian pursuant to a mecial icense ndition r $4.41 Exhibit 2. f his hanter will not be required a le ta mtial Form 30 intil November 30 of the irst d-numbered year following the year in which the plan was Let uch statement mail ndicate the toenment revinsiy sa Ted and is status. . whether 40proved is being an cented ecreational ise an albmitted pursuant to a special icense condition. r is in Exhibit 2 n a ending icense application, or as he case may le c) A icensee may remest an exemp Mon from any further fling of Form 30. for a protest rany tevelopment therent which has 10 recreational use or potendal, mibmitting a statement 10t ater than 1 months prior the fue tate for the next fling, stating that Form 30 tas been fled previously for the traject r tevelopment therent and setting it the basis for believing that the project has 10 recreational use or potential. Order 422, 38 P.2. 3190, Pab. 19, 1972) PART 9—TRANSFER OF LICENSE OR LEASE OF PROJECT PROPERTY APPLICATION FOR TRANSFER OF LICENSE 32 Fling, Contents of application. APPLICATION FOR LEASE OF PROJECT PROPER *:0 Pling, AUMFORTER The provisions of this Part 3 ied inder sen 14 Stat. 1068, sec. 309. 49 Stat. 158: 18 722 101, 1251. Bounce The provisions of this Part 9 contained a Crier 141 11 3. 8491, Dec. 13. 1947 inless therwise acted. Cross Ezrazicz: For application for spFora of zander of icense, ses i 131.20 z this chapter APPLICATION PCH TRANSFER OF LICENSE 3.1 Fling. Any Icanses desiring to transfer a 2tanse or rights thereunder granted, and Derson, associatcr. corporзICE. State ir municipality destring to acmire the same. shall cinsiy or severaly Ale an application for approval of such transfer and acristicn. Such sceticssion shall se verfed, shall conform to 1131.20 of his chapter, and mal be fled in accordance with ill of fis chapter. Order 101, 39 22 1287. Janı “A STAT $12 Camtents of appication. Every application for approval of sich Tansfer and scamsition by the prapused Tansferee shail set forth in moriprate tezali te rualifications of the Jansferee old mcn icense and a meate the roperty inder Icense, #mca malficstons male he same as ose required of applicants for icense. Cross Frances For atministrave les relating aappiicants for Icense, see Part of this chapter. For gtulations is to icenses and permits, see Part 4 of the napter. 14.3 Transfer. a. Approval by the Commisson of ransfer of a icense s contingent upon the ansfer fate the properties inder Icense, teilvery of al icense inKriments, and a mowing that such ransfers the bitc nterest. The Tansferee mal be subject all the contitions of the icense and in all the provisions and conditions of the act, as hougn sich Zansferee were the original icensee and mail be responsible for the payment of annual charges which accrue mora ne dace of transfer. b) When the Commission sha.] have approved the ransfer of the icense, its irter of approval shall be forwarded to the transferee for acknowledgment of acceptance. Thiess appication for retesting is fed, or unless the order is stayed by the Commission the order wal become inal murry 30 days from tate of issuance and the acknowledgment of acceptance scall be filed in tripdeste with the Commission within sixty (90) days from date of issuance accomJanied by a ceronted copy of the deed of conveyance or her instrument evijencing transfer of the property under icense, together with evidence of the recording thereof. Order 175, 19 P. 3. 217. Aug. 13. 1964] 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] 11.31 Time for payment, protest or request for hearing, penalties. AUTHORITY: The provisions of this Part 11 issued under sec. 10(e), 41 Stat. 1068, as amended, sec. 309, 49 Stat. 858; 16 U.S.C 803 (e), 825h, unless otherwise noted. NOTE: For an order deferring billing for annual charges due to a Supreme Court ruling, see 38 FR 3401, Feb. 6, 1973. § 11.20 Costs of administration. Reasonable annual charges will be assessed by the Commission against each licensee to reimburse the United States for the costs of administration of Part 1 of the Federal Power Act as follows: (a) For licensees, other than State or municipal, of projects of more than 2,000 horsepower of installed capacity: (1) A determination shall be made for each fiscal year of the costs of adininistration of Part I of the Federal Power Act chargeable to such licensees. from which shall be deducted such administrative costs allocated by the Com 136 F.R. 5596, Mar. 25, 1971. mission to minor part licenses for which administrative charges are waived under section 10(1) of the Act and those fixed by the Commission in determining headwater benefit payments. (2) For each calendar year the costs of administration determined under subparagraph (1) of this paragraph shall be assessed against such licensee in the proportion that the annual charge factor for each such project bears to the total of the annual charge factors under all such outstanding licenses. (3) The annual charge factor for each such project shall be found as follows: (1) For a conventional project the factor is its authorized installed capacity (horsepower) plus 150 times its annual energy output in millions of kilowatthours. (ii) For a pure pumped storage project the factor is the authorized horsepower. (iii) For a mixed conventionalpumped storage project the factor is its authorized installed capacity (horsepower) plus 150 times its gross annual energy output in millions of kilowatthours less 100 times the annual energy used for pumped storage pumping in millions of kilowatt-hours. (4) To enable the Commission to determine such charges annually, each licensee shall file with the Commission, on or before February 1 of each year, a statement under oath showing the gross amount of power generated (or produced by nonelectrical equipment) and the amount of power used for pumped storage pumping by the project during the preceding calendar year, expressed in kilowatt hours. If any licensee does not report the gross energy output of its project within the time specified above, the Commission's staff shall estimate the energy output which estimate will be used in lieu of any filings made by such licensee after February 1. (5) 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. (b) For State or municipal licensees of projects of more than 100 horsepower of installed capacity: (1) A determination shall be made for each fiscal year of the cost of administration under Part I of the Federal Power Act chargeable to such licensees from which shall be deducted the total amount assessed against State and mu |