[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: 43CFR429.2]

[Page 636-637]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 429--PROCEDURE TO PROCESS AND RECOVER THE VALUE OF RIGHTS-OF-USE AND ADMINISTRATIVE COSTS INCURRED IN PERMITTING SUCH USE--Table of Contents
 
Sec. 429.2  Definitions.

    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 seven representatives of 
the Commissioner designated to act for the Commissioner in specified 
rights-of-use of actions. The Regional Directors may redelegate certain 
of their authorities for granting rights-of-use to the supervising heads 
of field offices.
    (d) Rights-of-use includes rights-of-way, easements, leases, 
permits, licenses, or agreements issued or granted by the Regional 
Directors to permit the occupying, using, or traversing of lands under 
the jurisdiction, administration or management of the Bureau of 
Reclamation, and issued under the authority granted to him for the 
purpose. The term ``rights-of-use'' does not include the leasing of land 
in the custody or under the control of Reclamation for grazing, 
agriculture, or any other purpose where a greater return will be 
realized by the United States through a competitive bidding process.
    (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 
Sec. 429.3 of this part.

[[Page 637]]

    (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.