[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: 43CFR426.24]

[Page 631-633]
 
                    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. 426.24  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.

[[Page 632]]

    (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 Sec. 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,

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801 North Quincy Street, Arlington, Virginia 22203.

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