43 CFR 431.8 - Disputes.

§ 431.8 Disputes.

(a) All actions by Reclamation or the Secretary shall be binding unless and until reversed or modified in accordance with the provisions herein.

(b) Any disputes or disagreements as to interpretation or performance of the provisions of these General Regulations under the responsibility of the Secretary shall first be presented to and decided by the Commissioner. The Commissioner shall be deemed to have denied the Contractor's contention or claim if it is not acted upon within 60 days of its having been presented. The decision of the Commissioner shall be subject to appeal to the Secretary by a notice of appeal accompanied by a statement of reasons filed with the Secretary within 30 days after such decision. The Secretary shall be deemed to have denied the appeal if it is not acted upon within 60 days of its having been presented.

(c) The decision of the Secretary shall be final unless, within 30 days from the date of such decision, a written request for arbitration is received by the Secretary. The Secretary shall have 90 days from the date of receipt of a request for arbitration either to concur in or deny in writing the request for such arbitration. Failure by the Secretary to take any action within the 90 day period shall be deemed a denial of the request for arbitration. In the event of a denial of a request for arbitration, the decision of the Secretary shall become final. Upon a decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of the Secretary violates any right accorded the Contractor under the Project Act, the Adjustment Act, or title I of the Hoover Power Plant Act is barred unless suit asserting such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by the Secretary to correct the action complained of, in accordance with section 105(h) of the Hoover Power Plant Act.

(d) When a timely request for arbitration is received by the Secretary and the Secretary concurs in the request, the disputing Contractor and the Secretary shall, within 30 days of receipt of such notice of concurrence, each name one arbitrator to the panel of arbitrators which will decide the dispute. All arbitrators shall be skilled and experienced in the field pertaining to the dispute. In the event there is more than one disputing Contractor in addition to the Secretary, the disputing Contractors shall collectively name one arbitrator to the panel of arbitrators. In the event of their failure collectively to name such arbitrator within 15 days after their first meeting, that arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall name a third arbitrator within 30 days of their first meeting. In the event of their failure to so name such third arbitrator, that arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration Association. The third arbitrator shall act as chairperson of the panel. The arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be limited to the issue submitted. The panel of arbitrators shall render a final decision in this dispute within 60 days after the date of the naming of the third arbitrator. A decision of any two of the three arbitrators named to the panel shall be final and binding on all parties involved in the dispute.

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 43 - PUBLIC LANDS

§ 617 - Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain

§ 617a - “Colorado River Dam Fund”

§ 617b - Authorization of appropriations

§ 617c - Condition precedent to taking effect of provisions

§ 617d - Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy

§ 617e - Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority

§ 617f - Canals and appurtenant structures; transfer of title; power development

§ 617g - Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works

§ 617h - Lands capable of irrigation and reclamation by irrigation works; public entry; preferences

§ 617i - Modification of existing compact relating to Laguna Dam

§ 617j - Omitted

§ 617k - Definitions

§ 617l - Colorado River compact approval

§ 617m - Reclamation law applicable

§ 617n - Projects for irrigation, generation of electric power, and other purposes; investigations and reports

§ 617o - Officials of ratifying States; authority to act in advisory capacity; access to records

§ 617p - Claims of United States; priority

§ 617q - Effect on authority of States to control waters within own borders

§ 617r - Consent given States to negotiate supplemental compacts for development of Colorado River

§ 617s - Recognition of rights of Mexico to Colorado River waters

§ 617t - Short title

§ 617u - Lease of reserved lands in Boulder City, Nevada; disposition of revenues

§ 617v - Repealed. Pub. L. 85–900, § 17, Sept. 2, 1958, 72 Stat. 1735

§ 618 - Promulgation of charges for electrical energy

§ 618a - Receipts from project; disposition

§ 618a-1

§ 618b - Reduction of payments and transfers where revenue is insufficient

§ 618c - Charges as retroactive; adjustment of accounts

§ 618d - Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements

§ 618e - Interest payments; rate

§ 618f - Repayment of advances for flood control

§ 618g - Regulations; contracts; modification of allotments of energy

§ 618h - Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency

§ 618i - Effective date

§ 618j - Effect of refusal to modify existing contracts

§ 618k - Definitions

§ 618l - Repealed. Aug. 30, 1954, ch. 1076, § 1(22), 68 Stat. 968

§ 618m - Effect on existing laws and States’ rights

§ 618n - Wages of employees

§ 618o - Short title

§ 618p - Omitted

§ 620 - Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument

§ 620a - Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project

§ 620a-1

§ 620a-2

§ 620b - Congressional intent; additional undesignated projects not precluded; construction not authorized within national park or monument

§ 620c - Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use

§ 620c-1

§ 620d - Upper Colorado River Basin Fund

§ 620d-1

§ 620e - Cost allocations; Indian lands; report to Congress

§ 620f - Powerplant operations

§ 620g - Recreational and fish and wildlife facilities

§ 620h - Saving provisions

§ 620i - Expenditures; units excepted from soil survey and land classification requirements

§ 620j - Court decree; effectivity and approval

§ 620k - Authorization of appropriations

§ 620l - Net power revenues

§ 620m - Compliance with law required in operation of facilities; enforcement of provisions

§ 620n - Water quality study and reports

§ 620n-1

§ 620o - Definitions

§ 1501 - Congressional declaration of purpose and policy

Statutes at Large