43 C.F.R. § 429.2 Definitions.
Title 43 - Public Lands: Interior
As used in this part: (a) Commissioner means the Commissioner of the Bureau of Reclamation or his designated representative. (b) Reclamation means the Bureau of Reclamation. (c) Regional Director means any one of the Reclamation Regional Directors designated by the Commissioner to act in specified rights-of-use actions. The Regional Directors may re-delegate portions of their authorities for granting rights-of-use to officers and employees of Reclamation. (d) Rights-of-use means rights-of-way, easements, permits, licenses, contracts, or agreements issued or granted non-competitively by Reclamation that authorize the possession or occupation of and the extraction or disturbance of natural resources on Reclamation facilities, lands, and waterbodies. (e) Other agencies or others means all Federal, State, private individuals, partnerships, firms or corporations, and local governments agencies not connected in any way with Reclamation, that request rights-of-use either directly or indirectly from Reclamation. (f) Rights-of-use assistance means any assistance to obtain a use authorization given upon request to another party. Such assistance includes, but is not limited to, work in the processing of environmental requirements and the preparing, checking, and inspecting of engineering data and standards. (g) Value of rights-of-use means the value of the rights, privileges, and interests granted by Reclamation for the use of land under its custody and control, as determined by an appraisal by a qualified appraiser using approved methods, in accordance with §429.3 of this part. (h) Administrative costs means all direct or indirect costs including appraisal costs if required, incurred by Reclamation in reviewing, issuing, and processing of rights-of-use requests or the assisting of others in their rights-of-use matters, calculated in accordance with the procedures established by Departmental Manual 346, “Cost Recovery,” Chapters 1, 2, 3, and 4. (i) Grantor or Permitter means the Bureau of Reclamation, U.S. Department of the Interior. (j) Grantee or User means the agency, firm, partnership, or individual who requested and to whom is granted the right-of-use. (k) Documentation of administrative costs. This documentation shall mean documentation in accordance with the provisions of part 346, chapters 1, 2, 3, and 4 of the Departmental Manual. Administrative costs will be documented through the accurate recording and accounting of costs associated with a right-of-use. This documentation shall include both direct and indirect costs, such as: (1) Personnel costs. (i) Direct labor. (ii) Fringe benefits. (iii) Additional benefits. (2) Material costs, printing costs, and other costs related directly with a specific right-of-use. (3) Exclusions. (i) Management overhead. (ii) Normal costs not directly associated with the specific right-of-use. (l) Secretary shall mean the Secretary of the Interior. (m) Possession or occupancy and possess or occupy both mean to have in one's actual control or to use, hold, or reside in or on Reclamation facilities, lands, or waterbodies, including to use or hold such facilities, lands, or waterbodies in a manner or for a purpose that only temporarily restricts or precludes other public uses. (n) Reclamation land or lands means facilities, lands, and waterbodies under Reclamation's administrative control or jurisdiction. [48 FR 56223, Dec. 20, 1983, as amended at 71 FR 19802, Apr. 17, 2006]
Title 43: Public Lands: Interior
PART 429—PROCEDURE TO PROCESS AND RECOVER THE VALUE OF RIGHTS-OF-USE AND ADMINISTRATIVE COSTS INCURRED IN PERMITTING SUCH USE
§ 429.2 Definitions.
