When Obstructions on Certain Tributaries of the Tennessee River Do Not Require a Section 26a Permit from the Tennessee Valley Authority, 59846-59849 [2016-20093]
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
annual fee, and each person excepted
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§ 310.4(b)(1)(iii)(B), will be provided a
unique account number that will allow
that person to access the registry data
for the selected area codes at any time
for the twelve month period beginning
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person required to pay the fee under
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*
*
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016–20817 Filed 8–30–16; 8:45 am]
BILLING CODE 6750–01–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
When Obstructions on Certain
Tributaries of the Tennessee River Do
Not Require a Section 26a Permit from
the Tennessee Valley Authority
Tennessee Valley Authority.
Interpretive Rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) is issuing guidance
stating that certain structures, while
obstructions across, along, or in certain
tributaries of the Tennessee River, do
not need a Section 26a permit from
TVA, because they have an
indiscernible effect on navigation, flood
control or public lands or reservations.
DATES: Effective August 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Rebecca C. Tolene, Vice President,
Natural Resources, Tennessee Valley
Authority, Knoxville, Tennessee (865–
632–4433).
SUPPLEMENTARY INFORMATION:
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
I. Legal Authority
This interpretive rule is promulgated
under the authority of the TVA Act, as
amended, 16 U.S.C. 831–831ee.
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II. Background
Section 26a of the TVA Act requires
that TVA’s approval be obtained prior to
the construction, operation, or
maintenance of any dam, appurtenant
works, or other obstruction affecting
navigation, flood control, or public
lands or reservations across, along, or in
the Tennessee River or any of its
tributaries. 16 U.S.C. 831y–1 (2012).
TVA’s rules governing such approval
are codified at 18 CFR part 1304. The
rules include a permitting process
whereby applicants may request from
TVA a permit for various structures
such as boat docks, piers, shoreline
stabilization projects, dams, and
bridges, all of which qualify as
‘‘obstructions’’ under TVA’s regulations.
An obstruction is generally any manmade physical condition that during its
continuance after completion
impounds, checks, hinders, restricts,
retards, diverts, or otherwise interferes
with the movement of water or of
objects on or in the water. Over the
years, TVA has found that certain
obstructions because of their location,
the nature of their construction, or both
have not discernibly interfered with the
operation or management of the TVA
reservoir system. In particular, this has
occurred at locations across, along, or in
certain tributary reaches that are
upstream of the control or influence of
TVA’s reservoir system operations. For
the purpose of this rule, these are called
upstream tributary reaches. At these
locations, certain obstructions have an
indiscernible impact on water surface
elevations in the reservoir system or the
flow or volume of water entering the
reservoir system and thereby do not
materially interfere with TVA’s flood
control or navigation responsibilities.
Furthermore, at these locations, TVA
does not typically own property and
therefore construction does not affect or
interfere with the management of TVA’s
property. These obstructions include,
but are not limited to, stream bank
stabilization, bridges and culverts,
stream crossings, fences, launching
ramps, boat docks, piers, and certain
fills and intakes. For these reasons, TVA
has determined that certain obstructions
do not require approval pursuant to
Section 26a of the TVA Act when
located across, along, or in an upstream
tributary reach of the Tennessee River.
Conversely, based on years of
permitting experience, TVA has found
that other obstructions across, along, or
in upstream tributary reaches do
potentially interfere with the
management of TVA’s reservoir system.
These include, but are not limited to,
structures such as dams,
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impoundments, interbasin transfers and
certain water intakes. TVA will
continue to require approval of these
and other obstructions not set forth in
Section III of this Interpretive Rule,
when located across, along, or in an
upstream tributary reach.
The Tennessee River has a 41,000square-mile drainage basin. Thousands
of miles of upstream tributary reaches
ultimately flow into the Tennessee
River, making it impractical to identify
each upstream tributary reach in this
rule. For the purpose of this rule,
upstream tributary reaches do not
include the following:
(1) The Tennessee River;
(2) TVA reservoirs, (TVA reservoirs
are listed in Table 1);
(3) stream reaches within a TVA
reservoir, the 500-year floodplain of the
Tennessee River, or both;
(4) stream reaches downstream of a
TVA dam (these reaches are listed in
Table 2); and
(5) stream reaches where TVA owns
property (whether fee-owned property
or other property right, such as a right
to flood) in or adjacent to the reach
(including property adjacent to a TVA
reservoir or downstream of a TVA dam).
TVA will continue to review the
proposed construction of obstructions
located across, along, or in the abovelisted five categories of reservoirs and
reaches. These reservoirs and stream
reaches are controlled or influenced by
the operation of TVA’s reservoir system.
As discussed in more detail below,
individual members of the public are
encouraged to contact a TVA
representative for help in determining
whether their location is across, along,
or in a reservoir or stream reach in the
above-listed five categories or across,
along, or in an upstream tributary reach.
III. Scope of Interpretive Rule
TVA hereby clarifies that, going
forward, the construction of the
following obstructions across, along, or
in an upstream tributary reach of the
Tennessee River, does not require a
Section 26a permit from TVA:
(a) Stream bank, bed, or channel
stabilization structures—Natural or
man-made obstructions to stabilize and
protect banks, beds, or channels of
streams or excavated channels (e.g.,
vegetation, riprap, gabions, fiber rolls,
stacked rock, retaining walls, etc.);
(b) Stream restoration, enhancement,
relocation, or treatment structures—
Natural or man-made obstructions for
relocating a stream or for restoring or
improving the stream’s function (e.g.,
weirs or sills, boulders, wing deflectors,
log, brush, rock, trees, fill, etc.);
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
(c) Bridges and culverts including
riprap or other stabilization necessary
for their construction;
(d) Stream crossings—A stabilized
area or a structure (culvert, bridge, or
fill) constructed across a stream to
provide a travel-way for people,
livestock, equipment, or vehicles,
including riprap or other stabilization
necessary for their construction;
(e) Fences, playgrounds, picnic tables,
benches, grills, and other recreational
structures;
(f) Launching ramps and marine
railways;
(g) Buoys;
(h) Docks, piers, and other water-use
facilities;
(i) Decks, gazebos, patios, and other
open structures;
(j) Enclosed land-based structures;
(k) Water intakes with a combined
peak withdrawal of less than 50,000
gallons per day (0.08 cubic feet per
second) and having a pipe diameter less
than 6 inches;
(l) Towers, poles, electrical panels,
satellite antennas, service lights, signs,
and their anchors and foundations;
(m) Outfall structures;
(n) Underground, submarine, or aerial
utility pipes and lines and their support
structures, anchors or foundations;
(o) Causeways, roads, driveways, and
parking lots;
(p) Grading and fill not involving the
construction of a dam or impoundment.
Those considering construction of one
or more of the above-listed obstructions
across, along, or in an upstream
tributary reach as defined in this rule
are not required to submit an
application or design drawings to TVA
for approval of a Section 26a permit.
Members of the public are responsible
for knowing whether their proposed
construction project is located across,
along, or in an upstream tributary reach
or on TVA property. If your proposed
obstruction is located on TVA property,
in addition to a Section 26a permit for
the obstruction, approval from TVA to
use the property may be required. TVA
encourages members of the public to
seek TVA’s help in identifying whether
a Section 26a permit or TVA approval
to use its property is necessary. For
more information or assistance in
determining whether your project
requires a Section 26a permit, contact
TVA at 1–800–882–5263 or visit TVA’s
Web site at tva.com.
Except as it applies to TVA’s
regulations implementing Section 26a,
this interpretive rule is not a substitute
for the requirements of any federal,
state, or local statute, regulation,
ordinance, or code, including, but not
limited to, applicable building codes,
now in effect or hereafter enacted.
This guidance reflects TVA’s current
judgment on the types of obstructions
that either individually or cumulatively
do not affect navigation, flood control,
or public lands or reservations across,
along, or in an upstream tributary reach
of the Tennessee River. TVA may refine
this guidance, if circumstances warrant,
in a future Federal Register notice. This
guidance has no effect on whether a
permit is required by other federal or
state agencies.
IV. Definitions
Fee-owned property—Real property owned
in fee by the United States of America in
the custody and control of TVA.
Property—Fee-owned property or other
property right, such as a right to flood.
Property right—Any legal right acquired or
reserved by TVA that concerns property,
such as a right to flood private property.
Reach—A segment of stream between two
locations.
Tennessee River—The river reach from its
mouth at the Ohio River to its beginning
at mile 652, at the confluence of the
Holston and French Broad Rivers.
Tributary—Any watercourse the contents of
which, if not obstructed, diverted or
consumed, will ultimately flow into the
Tennessee River.
TVA reservoir—The impoundment created
by a TVA dam constructed across the
Tennessee River or one of its tributaries
(including all streams reaches impounded
by the dam). One dam may impound
reaches of more than one stream. The
impounded stream reaches together form
the body of water (i.e., the reservoir)
created by the construction of the dam. For
example, the construction of Douglas Dam
impounded a portion of the French Broad
River as well as many other stream reaches,
including, but not limited to, portions of
Pigeon River, Nolichucky River, Flat Creek,
Muddy Creek, and Seahorn Creek. All of
the stream reaches impounded by Douglas
Dam comprise Douglas Reservoir.
TVA reservoir system—The series of
interconnected dams and reservoirs, with
associated facilities, on the Tennessee
River and its tributaries, that, with the
adjacent TVA property, are managed by
TVA for purposes of navigation, flood
control, and power production; and
consistent with those purposes, for a wide
range of other public benefits.
Upstream tributary reach—Stream reaches
located upstream of the control or
influence of the operation of the TVA
reservoir system.
Dated: August 17, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President,
Natural Resources.
TABLE 1—TVA RESERVOIRS
Tennessee River Reservoirs
Kentucky.
Pickwick.
Wilson.
Wheeler.
Guntersville.
Nickajack.
Chickamauga.
Watts Bar.
Fort Loudoun.
Tributary Reservoirs
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Apalachia.
Beaver Creek (tributary to South Fork Holston River).
Blue Ridge.
Boone.
Chatuge.
Cherokee.
Clear Creek (tributary to Beaver Creek, tributary to South Fork Holston
River).
Doakes Creek (Norris Reservoir).
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Bear Creek Projects (Alabama):
Bear Creek.
Cedar Creek.
Little Bear Creek.
Upper Bear Creek.
Beech River Projects (West Tennessee):
Beech.
Cedar.
Dogwood.
Lost Creek.
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
TABLE 1—TVA RESERVOIRS—Continued
Douglas.
Fontana.
Fort Patrick Henry.
Hiwassee.
John Sevier Detention Dam (just upstream of Cherokee Reservoir).
Melton Hill.
Nolichucky.
Normandy.
Norris.
Nottely.
Ocoee No. 1.
Ocoee No. 2.
Ocoee No. 3.
South Holston.
Tellico.
Tims Ford.
Watauga.
Wilbur.
Pine.
Pin Oak.
Redbud.
Sycamore.
TABLE 2—STREAM REACHES DOWNSTREAM OF TVA DAMS
River or stream
Reach (mile)
Description
Tennessee River ...............................................................
0 to 652 ..............................
Beaver Creek (tributary to South Fork Holston River) .....
Clear Creek (tributary to Beaver Creek tributary to South
Fork Holston River).
Clinch River ......................................................................
Duck River ........................................................................
Elk River (tributary to Tennessee River) ..........................
French Broad River ..........................................................
Hiwassee River .................................................................
Holston River ....................................................................
0 to 22.5 .............................
0 to 2.8 ...............................
Mouth to confluence of the Holston and French Broad
Rivers.
Mouth to Beaver Creek Dam.
Mouth to Clear Creek Dam.
0
0
0
0
0
0
Little Tennessee River 1 ....................................................
Nolichucky River ...............................................................
Nottely River .....................................................................
Ocoee River ......................................................................
South Fork Holston River .................................................
Toccoa River .....................................................................
Watauga River ..................................................................
Bear Creek Projects (Alabama):
Bear Creek ................................................................
Cedar Creek ..............................................................
Little Bear Creek ........................................................
Beech River Projects (West Tennessee):
Beech River ...............................................................
Big Creek ...................................................................
Browns Creek ............................................................
Dry Branch .................................................................
Dry Creek ..................................................................
Haley Creek ...............................................................
Lost Creek .................................................................
Piney Creek ...............................................................
0 to 61.0 .............................
0 to 45.6 .............................
0 to 21.0 .............................
0 to 37.8 .............................
0 to 49.8 .............................
0 to 53.0 .............................
0 to 36.7 .............................
.............................................
0 to 114.7 ...........................
0 to 23.1 .............................
0 to 11.6 .............................
.............................................
0 to 35.0 .............................
0 to 6.7 ...............................
0 to 5.1 ...............................
0 to 1.1 ...............................
0 to 1.0 ...............................
0 to 4.0 ...............................
0 to 1.3 ...............................
0 to 4.8 ...............................
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1 Brookfield
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to
to
to
to
to
to
79.8 .............................
248.6 ...........................
133.3 ...........................
32.3 .............................
121.0 ...........................
142.2 ...........................
Mouth to Norris Dam.
Mouth to Normandy Dam.
Mouth to Tims Ford Dam.
Mouth to Douglas Dam.
Mouth to Chatuge Dam.
Mouth to confluence of the North and South Fork
Holston Rivers.
Mouth to Fontana Dam.
Mouth to Nolichucky Dam.
Mouth to Nottely Dam.
Mouth to the Georgia/Tennessee State Line.
Mouth to South Holston Dam.
The Georgia/Tennessee State Line to Blue Ridge Dam.
Mouth to Watauga Dam.
Mouth to Upper Bear Creek Dam.
Mouth to Cedar Creek Dam.
Mouth to Little Bear Creek Dam.
Mouth
Mouth
Mouth
Mouth
Mouth
Mouth
Mouth
Mouth
to
to
to
to
to
to
to
to
Beech Dam.
Dogwood Dam.
Pin Oak Dam.
Sycamore Dam.
Redbud Dam.
Cedar Dam.
Lost Creek Dam.
Pine Dam.
Smoky Mountain Hydro manages Little Tennessee River Miles 33.6 to 59.1.
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
[FR Doc. 2016–20093 Filed 8–30–16; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9784]
RIN 1545–BM05
Definition of Real Estate Investment
Trust Real Property
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations that clarify the definition of
real property for purposes of the real
estate investment trust provisions of the
Internal Revenue Code (Code). These
final regulations provide guidance to
real estate investment trusts and their
shareholders.
SUMMARY:
Effective date: These regulations
are effective on August 31, 2016.
Applicability date: For dates of
applicability, see § 1.856–10(h).
FOR FURTHER INFORMATION CONTACT:
Julanne Allen of the Office of Associate
Chief Counsel (Financial Institutions
and Products) at (202) 317–6945 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
ehiers on DSK5VPTVN1PROD with RULES
Background
This document contains amendments
to the Income Tax Regulations (26 CFR
part 1) relating to real estate investment
trusts (REITs). Section 856 of the Code
defines a REIT by setting forth various
requirements. One of the requirements
for a taxpayer to qualify as a REIT is that
at the close of each quarter of the
taxable year at least 75 percent of the
value of its total assets is represented by
real estate assets, cash and cash items
(including receivables), and
Government securities. See section
856(c)(4). Section 856(c)(5)(B) defines
real estate assets to include real
property (including interests in real
property and interests in mortgages on
real property). Section 856(c)(5)(C)
defines interests in real property to
include fee ownership and coownership of ‘‘land or improvements
thereon.’’ Prior to these final
regulations, § 1.856–3(d) of the Income
Tax Regulations, promulgated in 1962
in TD 6598 (the 1962 Regulations),
defined real property for purposes of the
regulations under sections 856 through
859. Under § 1.856–3(d) of the 1962
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14:15 Aug 30, 2016
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Regulations, the term real property
means land or improvements thereon,
such as buildings or other inherently
permanent structures thereon (including
items which are structural components
of such buildings or structures). In
addition, the term ‘‘real property’’
includes interests in real property. Local
law definitions will not be controlling
for purposes of determining the
meaning of the term ‘‘real property’’ as
used in section 856 and the regulations
thereunder. The term includes, for
example, the wiring in a building,
plumbing systems, central heating, or
central air-conditioning machinery,
pipes or ducts, elevators or escalators
installed in the building, or other items
which are structural components of a
building or other permanent structure.
The term does not include assets
accessory to the operation of a business,
such as machinery, printing press,
transportation equipment which is not a
structural component of the building,
office equipment, refrigerators,
individual air-conditioning units,
grocery counters, furnishings of a motel,
hotel, or office building, etc., even
though such items may be termed
fixtures under local law.
The IRS issued revenue rulings
between 1969 and 1975 addressing
whether certain assets qualify as real
property for purposes of section 856.
Specifically, the published rulings
address whether assets such as railroad
properties,1 mobile home units
permanently installed in a planned
community,2 air rights over real
property,3 interests in mortgage loans
secured by total energy systems,4 and
mortgage loans secured by microwave
transmission property 5 qualify as either
real property or interests in real
property under section 856. After these
published rulings were issued, REITs
invested in various types of assets that
are not directly addressed by the
regulations or the published rulings,
and some of these REITs received letter
rulings from the IRS concluding that
certain of these various assets qualified
as real property. A letter ruling,
however, may not be relied upon by
taxpayers other than the taxpayer that
received the letter ruling 6 and is limited
to its particular facts. The Treasury
Department and the IRS recognized the
need to provide updated published
guidance on the definition of real
1 Rev.
Rul. 69–94 (1969–1 CB 189).
Rul. 71–220 (1971–1 CB 210).
3 Rev. Rul. 71–286 (1971–2 CB 263).
4 Rev. Rul. 73–425 (1973–2 CB 222).
5 Rev. Rul. 75–424 (1975–2 CB 269).
6 Rev. Proc. 2016–1 (2016–1 IRB 1), section 11.02;
see section 6110(k)(3) of the Code.
2 Rev.
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59849
property under sections 856 through
859. On May 14, 2014, the Treasury
Department and the IRS published in
the Federal Register a notice of
proposed rulemaking (REG–150760–13
at 79 FR 27508) (NPRM) to define ‘‘real
property’’ solely for purposes of sections
856 through 859 and provisions that
reference the definition of real property
in section 856 and the regulations
thereunder.
Written and electronic comments
responding to the NPRM were received.
The written comments are available for
public inspection at https://
www.regulations.gov or upon request. A
public hearing was held on September
18, 2014.
After consideration of all the
comments, these final regulations adopt
the proposed regulations as revised by
this Treasury decision.7 The comments
and revisions are discussed in this
preamble.
Summary of Comments and
Explanation of Revisions
I. The Definition of Land
The proposed regulations defined the
term ‘‘land’’ to include water and air
space superjacent to land and natural
products and deposits that are
unsevered from the land. A commenter
requested clarification that land
includes water space and air space
above ground that the taxpayer does not
own. For example, a taxpayer may own
a building and purchase air rights
superjacent to one or more neighboring
buildings to enhance the value of the
building the taxpayer owns, or a
taxpayer may purchase air rights in
anticipation of using those rights to
facilitate the future acquisition or
development of property. The Treasury
Department and the IRS agree that air
space or water space superjacent to land
each qualify as land even if the taxpayer
owns only the air space or water space
and does not own an interest in the
underlying land. The proposed
regulations stated that superjacent water
and air space qualify as land, and these
final regulations retain the language of
the proposed regulations.
7 Under section 856(c)(2) and (3), in order for an
entity to qualify as a REIT, certain prescribed
percentages of that entity’s gross income must be
derived from certain types of income (which
include ‘‘rents from real property’’ and ‘‘interest on
obligations secured by mortgages on real property
or on interests in real property’’). The definition of
real property in these final regulations applies for
purposes of section 856(c)(2) and (3), but these final
regulations provide neither explicit nor implicit
guidance regarding whether various types of
income are described in section 856(c)(2) and (3).
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]]>Agencies
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59846-59849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20093]
=======================================================================
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TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
When Obstructions on Certain Tributaries of the Tennessee River
Do Not Require a Section 26a Permit from the Tennessee Valley Authority
AGENCY: Tennessee Valley Authority.
ACTION: Interpretive Rule.
-----------------------------------------------------------------------
SUMMARY: The Tennessee Valley Authority (TVA) is issuing guidance
stating that certain structures, while obstructions across, along, or
in certain tributaries of the Tennessee River, do not need a Section
26a permit from TVA, because they have an indiscernible effect on
navigation, flood control or public lands or reservations.
DATES: Effective August 31, 2016.
FOR FURTHER INFORMATION CONTACT: Rebecca C. Tolene, Vice President,
Natural Resources, Tennessee Valley Authority, Knoxville, Tennessee
(865-632-4433).
SUPPLEMENTARY INFORMATION:
I. Legal Authority
This interpretive rule is promulgated under the authority of the
TVA Act, as amended, 16 U.S.C. 831-831ee.
II. Background
Section 26a of the TVA Act requires that TVA's approval be obtained
prior to the construction, operation, or maintenance of any dam,
appurtenant works, or other obstruction affecting navigation, flood
control, or public lands or reservations across, along, or in the
Tennessee River or any of its tributaries. 16 U.S.C. 831y-1 (2012).
TVA's rules governing such approval are codified at 18 CFR part 1304.
The rules include a permitting process whereby applicants may request
from TVA a permit for various structures such as boat docks, piers,
shoreline stabilization projects, dams, and bridges, all of which
qualify as ``obstructions'' under TVA's regulations. An obstruction is
generally any man-made physical condition that during its continuance
after completion impounds, checks, hinders, restricts, retards,
diverts, or otherwise interferes with the movement of water or of
objects on or in the water. Over the years, TVA has found that certain
obstructions because of their location, the nature of their
construction, or both have not discernibly interfered with the
operation or management of the TVA reservoir system. In particular,
this has occurred at locations across, along, or in certain tributary
reaches that are upstream of the control or influence of TVA's
reservoir system operations. For the purpose of this rule, these are
called upstream tributary reaches. At these locations, certain
obstructions have an indiscernible impact on water surface elevations
in the reservoir system or the flow or volume of water entering the
reservoir system and thereby do not materially interfere with TVA's
flood control or navigation responsibilities. Furthermore, at these
locations, TVA does not typically own property and therefore
construction does not affect or interfere with the management of TVA's
property. These obstructions include, but are not limited to, stream
bank stabilization, bridges and culverts, stream crossings, fences,
launching ramps, boat docks, piers, and certain fills and intakes. For
these reasons, TVA has determined that certain obstructions do not
require approval pursuant to Section 26a of the TVA Act when located
across, along, or in an upstream tributary reach of the Tennessee
River.
Conversely, based on years of permitting experience, TVA has found
that other obstructions across, along, or in upstream tributary reaches
do potentially interfere with the management of TVA's reservoir system.
These include, but are not limited to, structures such as dams,
impoundments, interbasin transfers and certain water intakes. TVA will
continue to require approval of these and other obstructions not set
forth in Section III of this Interpretive Rule, when located across,
along, or in an upstream tributary reach.
The Tennessee River has a 41,000-square-mile drainage basin.
Thousands of miles of upstream tributary reaches ultimately flow into
the Tennessee River, making it impractical to identify each upstream
tributary reach in this rule. For the purpose of this rule, upstream
tributary reaches do not include the following:
(1) The Tennessee River;
(2) TVA reservoirs, (TVA reservoirs are listed in Table 1);
(3) stream reaches within a TVA reservoir, the 500-year floodplain
of the Tennessee River, or both;
(4) stream reaches downstream of a TVA dam (these reaches are
listed in Table 2); and
(5) stream reaches where TVA owns property (whether fee-owned
property or other property right, such as a right to flood) in or
adjacent to the reach (including property adjacent to a TVA reservoir
or downstream of a TVA dam).
TVA will continue to review the proposed construction of
obstructions located across, along, or in the above-listed five
categories of reservoirs and reaches. These reservoirs and stream
reaches are controlled or influenced by the operation of TVA's
reservoir system. As discussed in more detail below, individual members
of the public are encouraged to contact a TVA representative for help
in determining whether their location is across, along, or in a
reservoir or stream reach in the above-listed five categories or
across, along, or in an upstream tributary reach.
III. Scope of Interpretive Rule
TVA hereby clarifies that, going forward, the construction of the
following obstructions across, along, or in an upstream tributary reach
of the Tennessee River, does not require a Section 26a permit from TVA:
(a) Stream bank, bed, or channel stabilization structures--Natural
or man-made obstructions to stabilize and protect banks, beds, or
channels of streams or excavated channels (e.g., vegetation, riprap,
gabions, fiber rolls, stacked rock, retaining walls, etc.);
(b) Stream restoration, enhancement, relocation, or treatment
structures--Natural or man-made obstructions for relocating a stream or
for restoring or improving the stream's function (e.g., weirs or sills,
boulders, wing deflectors, log, brush, rock, trees, fill, etc.);
[[Page 59847]]
(c) Bridges and culverts including riprap or other stabilization
necessary for their construction;
(d) Stream crossings--A stabilized area or a structure (culvert,
bridge, or fill) constructed across a stream to provide a travel-way
for people, livestock, equipment, or vehicles, including riprap or
other stabilization necessary for their construction;
(e) Fences, playgrounds, picnic tables, benches, grills, and other
recreational structures;
(f) Launching ramps and marine railways;
(g) Buoys;
(h) Docks, piers, and other water-use facilities;
(i) Decks, gazebos, patios, and other open structures;
(j) Enclosed land-based structures;
(k) Water intakes with a combined peak withdrawal of less than
50,000 gallons per day (0.08 cubic feet per second) and having a pipe
diameter less than 6 inches;
(l) Towers, poles, electrical panels, satellite antennas, service
lights, signs, and their anchors and foundations;
(m) Outfall structures;
(n) Underground, submarine, or aerial utility pipes and lines and
their support structures, anchors or foundations;
(o) Causeways, roads, driveways, and parking lots;
(p) Grading and fill not involving the construction of a dam or
impoundment.
Those considering construction of one or more of the above-listed
obstructions across, along, or in an upstream tributary reach as
defined in this rule are not required to submit an application or
design drawings to TVA for approval of a Section 26a permit.
Members of the public are responsible for knowing whether their
proposed construction project is located across, along, or in an
upstream tributary reach or on TVA property. If your proposed
obstruction is located on TVA property, in addition to a Section 26a
permit for the obstruction, approval from TVA to use the property may
be required. TVA encourages members of the public to seek TVA's help in
identifying whether a Section 26a permit or TVA approval to use its
property is necessary. For more information or assistance in
determining whether your project requires a Section 26a permit, contact
TVA at 1-800-882-5263 or visit TVA's Web site at tva.com.
Except as it applies to TVA's regulations implementing Section 26a,
this interpretive rule is not a substitute for the requirements of any
federal, state, or local statute, regulation, ordinance, or code,
including, but not limited to, applicable building codes, now in effect
or hereafter enacted.
This guidance reflects TVA's current judgment on the types of
obstructions that either individually or cumulatively do not affect
navigation, flood control, or public lands or reservations across,
along, or in an upstream tributary reach of the Tennessee River. TVA
may refine this guidance, if circumstances warrant, in a future Federal
Register notice. This guidance has no effect on whether a permit is
required by other federal or state agencies.
IV. Definitions
Fee-owned property--Real property owned in fee by the United States
of America in the custody and control of TVA.
Property--Fee-owned property or other property right, such as a
right to flood.
Property right--Any legal right acquired or reserved by TVA that
concerns property, such as a right to flood private property.
Reach--A segment of stream between two locations.
Tennessee River--The river reach from its mouth at the Ohio River to
its beginning at mile 652, at the confluence of the Holston and
French Broad Rivers.
Tributary--Any watercourse the contents of which, if not obstructed,
diverted or consumed, will ultimately flow into the Tennessee River.
TVA reservoir--The impoundment created by a TVA dam constructed
across the Tennessee River or one of its tributaries (including all
streams reaches impounded by the dam). One dam may impound reaches
of more than one stream. The impounded stream reaches together form
the body of water (i.e., the reservoir) created by the construction
of the dam. For example, the construction of Douglas Dam impounded a
portion of the French Broad River as well as many other stream
reaches, including, but not limited to, portions of Pigeon River,
Nolichucky River, Flat Creek, Muddy Creek, and Seahorn Creek. All of
the stream reaches impounded by Douglas Dam comprise Douglas
Reservoir.
TVA reservoir system--The series of interconnected dams and
reservoirs, with associated facilities, on the Tennessee River and
its tributaries, that, with the adjacent TVA property, are managed
by TVA for purposes of navigation, flood control, and power
production; and consistent with those purposes, for a wide range of
other public benefits.
Upstream tributary reach--Stream reaches located upstream of the
control or influence of the operation of the TVA reservoir system.
Dated: August 17, 2016.
Rebecca C. Tolene,
Deputy General Counsel and Vice President, Natural Resources.
Table 1--TVA Reservoirs
------------------------------------------------------------------------
------------------------------------------------------------------------
Tennessee River Reservoirs
------------------------------------------------------------------------
Kentucky...............................
Pickwick...............................
Wilson.................................
Wheeler................................
Guntersville...........................
Nickajack..............................
Chickamauga............................
Watts Bar..............................
Fort Loudoun...........................
------------------------------------------------------------------------
Tributary Reservoirs
------------------------------------------------------------------------
Apalachia. Bear Creek Projects (Alabama):
Beaver Creek (tributary to South Fork Bear Creek.
Holston River). Cedar Creek.
Blue Ridge. Little Bear Creek.
Boone. Upper Bear Creek.
Chatuge. Beech River Projects (West
Tennessee):
Cherokee. Beech.
Clear Creek (tributary to Beaver Creek, Cedar.
tributary to South Fork Holston Dogwood.
River).
Doakes Creek (Norris Reservoir). Lost Creek.
[[Page 59848]]
Douglas. Pine.
Fontana. Pin Oak.
Fort Patrick Henry. Redbud.
Hiwassee. Sycamore.
John Sevier Detention Dam (just
upstream of Cherokee Reservoir).
Melton Hill............................
Nolichucky.............................
Normandy...............................
Norris.................................
Nottely................................
Ocoee No. 1............................
Ocoee No. 2............................
Ocoee No. 3............................
South Holston..........................
Tellico................................
Tims Ford..............................
Watauga................................
Wilbur.................................
------------------------------------------------------------------------
Table 2--Stream Reaches Downstream of TVA dams
------------------------------------------------------------------------
River or stream Reach (mile) Description
------------------------------------------------------------------------
Tennessee River............... 0 to 652......... Mouth to confluence
of the Holston and
French Broad Rivers.
Beaver Creek (tributary to 0 to 22.5........ Mouth to Beaver Creek
South Fork Holston River). Dam.
Clear Creek (tributary to 0 to 2.8......... Mouth to Clear Creek
Beaver Creek tributary to Dam.
South Fork Holston River).
Clinch River.................. 0 to 79.8........ Mouth to Norris Dam.
Duck River.................... 0 to 248.6....... Mouth to Normandy
Dam.
Elk River (tributary to 0 to 133.3....... Mouth to Tims Ford
Tennessee River). Dam.
French Broad River............ 0 to 32.3........ Mouth to Douglas Dam.
Hiwassee River................ 0 to 121.0....... Mouth to Chatuge Dam.
Holston River................. 0 to 142.2....... Mouth to confluence
of the North and
South Fork Holston
Rivers.
Little Tennessee River \1\.... 0 to 61.0........ Mouth to Fontana Dam.
Nolichucky River.............. 0 to 45.6........ Mouth to Nolichucky
Dam.
Nottely River................. 0 to 21.0........ Mouth to Nottely Dam.
Ocoee River................... 0 to 37.8........ Mouth to the Georgia/
Tennessee State
Line.
South Fork Holston River...... 0 to 49.8........ Mouth to South
Holston Dam.
Toccoa River.................. 0 to 53.0........ The Georgia/Tennessee
State Line to Blue
Ridge Dam.
Watauga River................. 0 to 36.7........ Mouth to Watauga Dam.
Bear Creek Projects (Alabama): ................. .....................
Bear Creek................ 0 to 114.7....... Mouth to Upper Bear
Creek Dam.
Cedar Creek............... 0 to 23.1........ Mouth to Cedar Creek
Dam.
Little Bear Creek......... 0 to 11.6........ Mouth to Little Bear
Creek Dam.
Beech River Projects (West ................. .....................
Tennessee):
Beech River............... 0 to 35.0........ Mouth to Beech Dam.
Big Creek................. 0 to 6.7......... Mouth to Dogwood Dam.
Browns Creek.............. 0 to 5.1......... Mouth to Pin Oak Dam.
Dry Branch................ 0 to 1.1......... Mouth to Sycamore
Dam.
Dry Creek................. 0 to 1.0......... Mouth to Redbud Dam.
Haley Creek............... 0 to 4.0......... Mouth to Cedar Dam.
Lost Creek................ 0 to 1.3......... Mouth to Lost Creek
Dam.
Piney Creek............... 0 to 4.8......... Mouth to Pine Dam.
------------------------------------------------------------------------
\1\ Brookfield Smoky Mountain Hydro manages Little Tennessee River Miles
33.6 to 59.1.
[[Page 59849]]
[FR Doc. 2016-20093 Filed 8-30-16; 8:45 am]
BILLING CODE 8120-08-P
