43 CFR 426.24 - Reclamation decisions and appeals.

§ 426.24 Reclamation decisions and appeals.

(a)Reclamation decisions -

(1)Decisionmaker for Reclamation's final determinations. The appropriate regional director makes any final determination that these regulations require or authorize. If Reclamation's final determination is likely to involve districts, or landholders with landholdings located in more than one region, the Commissioner designates one regional director to make that final determination.

(2)Notice to affected parties. The appropriate regional director will transmit any final determination to any district and landholder, as appropriate, whose rights and interests are directly affected.

(3)Effective date for regional director's final determinations. A regional director's decisions will take effect the day after the expiration of the period during which a person adversely affected may file a notice of appeal unless a petition for stay is filed together with a timely notice of appeal.

(b)Appeal of final determinations -

(1)Appeal Submittal. Any district or landholder whose rights and interests are directly affected by a regional director's final determination can submit a written notice of appeal. Such notice of appeal must be submitted to the Commissioner of Reclamation within 30-calendar days from the date of the regional director's final determination.

(2)Submittal of supporting information. The affected party will have 60-calendar days from the date that the regional director issues a final determination to submit a supporting brief or memorandum to the Commissioner. The Commissioner may extend the time for submitting a supporting brief or memorandum, if:

(i) The affected party submits a request to the Commissioner in a timely manner;

(ii) The request includes the reason why additional time is needed; and

(iii) The Commissioner determines the appellant has shown good cause for such an extension and the extension would not prejudice Reclamation.

(3)Requests for stay of the final determination pending appeal.

(i) The Commissioner will determine whether to stay a regional director's final determination within 30 days after receiving a properly filed petition for stay if the requesting party:

(A) Submits a request for stay in writing to the Commissioner, with, or in advance of, the notice of appeal, and states the grounds upon which the party requests the stay; and

(B) Demonstrates that the harm that a district or landholder would suffer if the Commissioner does not grant the stay outweighs the interest of the United States in having the final determination take effect pending appeal.

(ii) A decision, or that portion of the decision, for which a stay is not granted will become effective immediately after the Commissioner denies or partially denies the petition for stay, or fails to act within 30 days after receiving the request.

(iii) A Commissioner's decision on a petition for a stay or any other Commissioner decision is appealable.

(c)Appeal of Commissioner's decision -

(1)Appeal to the Office of Hearing and Appeals. A party can appeal the Commissioner's decision to the Secretary by writing to the Director, Office of Hearings and Appeals (OHA), U.S. Department of the Interior. For an appeal to be timely, OHA must receive the appeal within 30-calendar days from the date of mailing of the Commissioner's decision.

(2)Rules that govern appeals to OHA. 43 CFR part 4, subpart G, and other provisions of 43 CFR Part 4, where applicable, govern the OHA appeal process, except for the accrual of underpayment interest as specified in paragraph (e) of this section.

(d)Effective date of an appeal decision. Reclamation will apply decisions made by the Commissioner or by OHA under paragraphs (b) and (c) of this section as of the date of the violation or other problem that was addressed in the regional director's final determination. If, during the appeal process, irrigation water has been delivered to land subsequently found to be ineligible, for other than RRA forms submittal violations, the compensation rate may be applied to such deliveries retroactively.

(e)Accrual of interest on underpayments during appeal. Interest on any underpayments, as provided in § 426.21, continues to accrue during an appeal of a regional director's final determination, an appeal of the Commissioner's decision, or judicial review of final agency action. Underpayment interest accrual will continue even during a stay under paragraphs (b)(4) or (c)(3) of this section.

(f)Status of appeals made prior to the effective date of these regulations.

(1) Appeals to the Commissioner of a regional director's final determination which were decided by the Commissioner or his or her delegate prior to the effective date of these regulations are hereby validated.

(2) Appeals to the Commissioner of final determinations made by a regional director and appeals to OHA, which are pending on appeal as of the effective date of these regulations will be processed and decided in accordance with the regulations in effect immediately prior to the effective date of these regulations.

(g)Addresses. All requests for stays, appeals, or other communications to the United States under this section must be addressed as follows:

(1) Commissioner, Bureau of Reclamation, Office of Policy, Attention: D-5200, P.O. Box 25007, Denver, Colorado 80225.

(2) Director, Office of Hearings and Appeals, Department of the Interior, 801 North Quincy Street, Arlington, Virginia 22203.

[ 61 FR 66805, Dec. 18, 1996, as amended at 67 FR 13702, Mar. 25, 2002]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS

§ 390aa - Congressional declaration of purpose; short title

§ 390bb - Definitions

§ 390cc - New or amended contracts

§ 390dd - Limitation on ownership

§ 390ee - Pricing

§ 390ff - Certification of compliance

§ 390gg - Equivalency

§ 390hh - Operation and maintenance charges

§ 390ii - Disposition of excess lands

§ 390jj - Water conservation

§ 390kk - Residency not required

§ 390ll - Corps of Engineers projects

§ 390mm - Repayment of construction charges

§ 390nn - Trusts

§ 390oo - Temporary supplies of water

§ 390pp - Involuntary foreclosure

§ 390qq - Isolated tracts

§ 390rr - Central Arizona Project

§ 390ss - Religious or charitable organizations

§ 390tt - Contract required

§ 390uu - Waiver of sovereign immunity

§ 390vv - Excess crop restrictions

§ 390ww - Administrative provisions

§ 390xx - Validation of contracts entered into prior to October 1, 1981

§ 390yy - Leasing requirements

§ 390zz - Reporting

§ 390zz-1

§ 418 - Private lands within project; agreement as to disposal of excess over farm unit

§ 423 - Permanently unproductive lands; exclusion from project; disposition of water right

§ 423a - Construction charges on permanently unproductive lands already paid; disposition

§ 423b - Suspension of payment of construction charges against areas temporarily unproductive

§ 423c - Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

§ 423d - Amendment of existing water right contracts by Secretary of the Interior

§ 423e - Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

§ 423f - Purpose of sections 423 to 423g and 610

§ 423g - Adjustment of water right charges as final adjudication on projects and divisions named

§ 423h - Delivery of water to excess lands upon death of spouse

§ 424 - Disposal of lands classified as temporarily or permanently unproductive; persons who may take

§ 424a - Sale of unproductive lands; terms; area purchasable; tracts included

§ 424b - Application of certain statutes to lands sold

§ 424c - Issuance of patents; recitals in patents; reservations

§ 424d - Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

§ 424e - Authority of Secretary of the Interior; rules and regulations

§ 425 - Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

§ 425a - Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price

§ 425b - Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations

§ 431 - Limitation as to amount of water; qualifications of applicant

§ 434 - Amount of land for which entry may be made; farm unit; subdivision of lands

§ 440 - Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements

§ 451 - Conditions necessary for exchange; terms; credits; rights nonassignable

§ 451a - Persons eligible for benefits

§ 451b - Irrigation construction charges

§ 451c - Cancellation of charges or liens; credits

§ 451d - Disposal of improvements; water rights; revertibil­ity of relinquished land

§ 451e - Amendment of farm unit; application; amount of land; exchange; waiver

§ 451f - Exchanges subject to mortgage contracts

§ 451g - Preferences; veterans; timely applicants

§ 451h - Establishment of farm units; size; contiguous or noncontiguous

§ 451i - “Federal irrigation project” defined

§ 451j - Rules and regulations

§ 451k - Availability of appropriations; expenses as nonreimbursable

§ 462 - Classification of irrigable lands and equitable apportionment of charges

§ 485 - Declaration of policy

§ 485a - Definitions

§ 485b - Amendment of existing repayment contracts

§ 485b-1

§ 485c - Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543

§ 485d - Time of payments to the United States

§ 485e - Maintenance and operation of project works; delinquency penalties

§ 485f - Negotiation of equitable contracts by Secretary

§ 485g - Classification of lands

§ 485h - New projects; sale of water and electric power; lease of power privileges

§ 485h-1

§ 485h-2

§ 485h-3

§ 485h-4

§ 485h-5

§ 485h-6

§ 485h-7

§ 485i - Rules and regulations

§ 485j - Effect on existing laws

§ 485k - Short title

§ 491 - Authority of Secretary to operate works

§ 492 - Operation and maintenance charges generally

§ 493 - Operation charges; date of payment; discount; advance payment

§ 493a - Omitted

§ 494 - Pecuniary penalty for nonpayment of operation charge

§ 495 - Shutting off water for nonpayment of operation charge

§ 496 - Cancellation of entry or water right for nonpayment of operation charge

§ 497 - Action to recover operation charge and penalty

§ 498 - Transfer of management and operation of works to water users generally

§ 499 - Discretionary power to transfer management

§ 499a - Transfer of title to movable property; use of appropriations

§ 499b - Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use

§ 500 - Duty of association or district to take over management

§ 501 - Disposition of profits of project taken over by water users

§ 502 - Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

§ 503 - “Unusual or emergency conditions” defined

§ 504 - Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

§ 505 - Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress

§ 511 - Authority to contract with irrigation district

§ 512 - Release of Government liens after contract with irrigation districts

§ 513 - Lands in project subject to provisions of chapter; after contract with irrigation district

§ 544 - Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

Public Laws