18 CFR Part 8

Pt. 8

18 CFR Ch. I (4–1–18 Edition)

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: 5 U.S.C. 551–557; 16 U.S.C. 791a–
825r; 42 U.S.C. 7101–7352.

§ 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.

kpayne on DSK54DXVN1OFR with $$_JOB

[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) Applicability. (1) 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 development
within such project a FERC Form No.

176

VerDate Sep<11>2014

17:49 May 23, 2018

Jkt 244061

PO 00000

Frm 00186

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31

Federal Energy Regulatory Commission
80 and submit them to the Secretary of
the Commission in accordance with filing procedures posted on the Commission’s Web site at http://www.ferc.gov.
(2) FERC Form No. 80 is due on April
1, 2009, for data compiled during the
calendar year ending December 31, 2008.
Thereafter, FERC Form No. 80 is due
on April 1 of every sixth year for data
compiled during the previous calendar
year.
(3) A copy of the Form No. 80 should
be retained by the respondent licensee
in its file.
(b) Initial Form No. 80 filings. Each licensee of an unconstructed project
shall file an initial Form No. 80 after
such project has been in operation for a
full calendar year prior to the filing
deadline. Each licensee of an existing
(constructed) project shall file an initial Form No. 80 after such project has
been licensed for a full calendar year
prior to the filing deadline.
(c) Exemptions. A licensee who has
filed a Form No. 80 may request an exemption from any further filing of the
form for any development that has no
existing or potential recreational use
or only a minor existing or potential
recreational use (as indicated by fewer
than 100 recreation days of use during
the previous calendar year) by submitting a statement not later than 6
months prior to the due date for the
next filing, stating that Form No. 80
has been filed previously for such development and setting out the basis for
believing that the development has no
existing or potential recreational use
or a minor existing or potential recreational use.
(Approved by the Office of Management and
Budget under control number 1902–0106)
[46 FR 50059, Oct. 9, 1981, as amended by 49
FR 5073, Feb. 10, 1984; Order 419, 50 FR 20096,
May 14, 1985; Order 540, 57 FR 21737, May 22,
1992; Order 699, 72 FR 45324, Aug. 14, 2007;
Order 737, 75 FR 43403, July 26, 2010]

PART 9—TRANSFER OF LICENSE OR
LEASE OF PROJECT PROPERTY
kpayne on DSK54DXVN1OFR with $$_JOB

APPLICATION FOR TRANSFER OF LICENSE
Sec.
9.1 Filing.
9.2 Contents of application.
9.3 Transfer.

§ 9.3
APPLICATION FOR LEASE OF PROJECT
PROPERTY
9.10

Filing.

AUTHORITY: Sec. 8, 41 Stat. 1068, sec. 309, 49
Stat. 858; 16 U.S.C. 801, 825h; Pub. L. 96–511, 94
Stat. 2812 (44 U.S.C. 3501 et seq.)
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 § 4.32
of this chapter.
[Order 501, 39 FR 2267, Jan. 18, 1974, as
amended by Order 2002, 68 FR 51139, Aug. 25,
2003]

§ 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 license.
[Order 141, 12 FR 8491, Dec. 19, 1947]
CROSS REFERENCES: For administrative
rules relating to applicants for license, see
part 385 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

177

VerDate Sep<11>2014

17:49 May 23, 2018

Jkt 244061

PO 00000

Frm 00187

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31