[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR426.20]

[Page 628-629]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 426--ACREAGE LIMITATION RULES AND REGULATIONS (Eff. 1-1-98)--Table of Contents
 
Sec. 426.20  Assessment of administrative costs.

    (a) Assessment of administrative costs for delivery of water to 
ineligible land. Reclamation will assess a district administrative costs 
as described in paragraph (e) of this section if the district delivers 
irrigation water to land that was ineligible because the landholders did 
not submit certification or reporting forms prior to the receipt of 
irrigation water in accordance with Sec. 426.18; or to ineligible excess 
land as provided in Sec. 426.12.
    (1) Reclamation will apply the assessment on a yearly basis in each 
district for each landholder that received irrigation water in violation 
of Sec. 426.18, or for each landholder that received irrigation water on 
ineligible land as specified above.
    (2) In applying the assessment to legal entities, compliance by an 
entity will be treated independently from compliance by its part owners 
or beneficiaries.
    (3) The assessment in paragraph (a) of this section will be applied 
independently of the assessment specified in paragraph (b) of this 
section.
    (b) Assessment of administrative costs when form corrections are not 
made. Reclamation will assess a district for the administrative costs 
described in paragraph (e) of this section, unless the district provides 
Reclamation with requested reporting or certification form corrections 
within 60-calendar days of the date of Reclamation's written request. If 
Reclamation receives the required corrections within this 60-calendar 
day time period, Reclamation will consider the requirements of 
Sec. 426.18 satisfied.

[[Page 629]]

    (1) Reclamation will apply the assessment on a yearly basis in each 
district for each landholder that received irrigation water and for whom 
the district does not provide corrected forms within the applicable 60-
calendar day time period.
    (2) In applying the assessment to legal entities, compliance by an 
entity will be treated independently from compliance by its part owners 
or beneficiaries.
    (3) The assessment in paragraph (b) of this section will be applied 
independently of the assessment specified in paragraph (a) of this 
section.
    (c) Party responsible for paying assessments. Districts are 
responsible for payment of Reclamation assessments described under 
paragraphs (a) and (b) of this section.
    (d) Disposition of assessments. Reclamation will deposit to the 
general fund of the United States Treasury, as miscellaneous receipts, 
administrative costs assessed and collected under paragraphs (a) and (b) 
of this section.
    (e) Amount of the assessment. The administrative costs assessment 
required under paragraphs (a) and (b) of this section is set at $260. 
Reclamation will review the associated costs at least once every 5 
years, and will adjust the assessment amount, if needed, to reflect new 
cost data. Notice of the revised assessment for administrative costs 
will be published in the Federal Register in December of the year the 
data are reviewed.