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Beaver v. Andrus

Citation: 11 ELR 20208
No. No. 79-2267, 590 F.2d 356/15 ERC 1361/(10th Cir., 12/05/1980)

The court rules that appellees, a group of municipalities in Utah and California, are not required to reimburse the Department of the Interior for expenses incurred in connection with their application for permits and rights-of-way for the Intermountain Power Project. Under § 304 of the Federal Land Policy and Management Act, the Independent Offices Appropriations Act, and the applicable regulations of the Department of the Interior, the general rule that permit applicants must pay the government for its expenses incurred in processing such applications is waived where the applicants are governmental entities and the federal land will be used for the benefit of the general public. Although agreeing with appellants that the requirement of public benefits is to be strictly applied, the court finds that the fact that a small percentage of the power from the proposed project will be delivered over private transmission lines does not require a finding that the project is not designed to benefit the public. Thus, the district court's finding that appellees are exempt from the applicable fee requirements is affirmed.

Counsel for Appellants
David K. Shilton, Jacques B. Gelin, James J. Tomkovicz; James W. Moorman, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2737

Ronald D. Rencher, U.S. Attorney; Wallace Boyack, Ass't U.S. Attorney
200 Post Office & Cthse. Bldg., 300 S. Main St., Salt Lake City UT 84101
(801) 524-5685

Counsel for Appellees
George K. Fadel
170 W. Fourth St., Bountiful UT 84010
(801) 295-2421

Joined by McWilliams and McKay, JJ.