[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: 43CFR429.3]

[Page 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. 429.3  Establishment of the value of rights-of-use.

    (a) The value of a right-of-use shall be determined by Reclamation. 
The appraised value of a right-of-use shall be established by a 
Reclamation staff or contract appraiser in accordance with Reclamation 
Instructions for Land Appraisal. The appraisal shall be for the fair 
market value for the requested right or privilege, and result from the 
diminution of value of the remainder using the before and after 
appraisal approach, or any other method generally approved within the 
real estate appraising profession for such valuation.
    (b) If the applicant has been or is currently using the right-of-use 
area without authorization, and if it can be determined that the 
unauthorized use of Federal Lands was unintentional and not due to 
carelessness or neglect on the part of the applicant, then the value of 
a right-of-use shall not include the value of any prior unauthorized use 
by the applicant of the Reclamation land.
    (c) If the applicant's prior unauthorized use can be determined to 
be intentional on his part or to be a result of his carelessness or 
neglect, then the value of such previous use shall be determined as 
assessed to the user in addition to the apprised value of the right-of-
use.