The purpose of this part is to notify the public that any possession or occupancy of any portion of, and the extraction or disturbance of any natural resources from Reclamation land, facilities, or waterbodies are prohibited without written authorization from Reclamation, unless excepted as listed in § 429.4. This part describes:
(a) How to apply to Reclamation for a use authorization to allow your activity on Reclamation land, facilities, and waterbodies;
(b) How Reclamation reviews and processes your application, including the criteria for approval or denial of your application;
(c) The requirement for collection of application and use fees and the recovery of administrative costs;
(d) How Reclamation determines and collects costs and fees;
(e) Prohibited uses on Reclamation land, facilities, and waterbodies;
(f) How Reclamation will address existing authorized uses which are otherwise prohibited, including the criteria for approval or denial of requests to renew these use authorizations;
(g) The process and penalties associated with resolution of unauthorized uses; and
(h) How to appeal an action or determination made under this part.
The following definitions are used in this part:
Administrative costs means all costs incurred by Reclamation in processing your application and all costs associated with evaluating, issuing, monitoring, and terminating your use authorization on Reclamation land, facilities, and waterbodies. Administrative costs are distinct and separate from application and use fees and typically include, but are not limited to:
(1) Determining the use fee;
(2) Evaluating and documenting environmental and cultural resources compliance;
(3) Performing engineering review;
(4) Preparation of the use authorization; and
(5) Personnel and indirect costs directly associated with these actions.
Applicant means you as any person or entity (such as a private citizen, business, non-governmental organization, public entity, Indian tribe, or foreign government) who submits an application requesting use of Reclamation land, facilities, and waterbodies.
Application means either Form 7-2540 or SF 299. The choice of application form is dependent on the type of use requested.
Application fee means a $100 nonrefundable charge, which you must submit with your application to cover the costs of our initial review of your request. Application fees are distinct and separate from administrative costs and use fees.
Commissioner means the senior executive of the Bureau of Reclamation, Department of the Interior.
Consent document means a written agreement or notification listing conditions which will prevent unreasonable interference with our easement on non-Reclamation land.
Cultural resource means any prehistoric, historic, architectural, sacred, or traditional cultural property and associated objects and documents that are of interest to archaeology, anthropology, history, or other associated disciplines. Cultural resources include archaeological resources, historic properties, traditional cultural properties, sacred sites, and cultural landscapes that are associated with human activity or occupation.
Easement refers to an interest in land that consists of the right to use or control the land for a specific purpose, but does not constitute full ownership of the land.
Environmental compliance means complying with the requirements of the National Environmental Policy Act; the Endangered Species Act; the Clean Water Act; the Clean Air Act; the Comprehensive Environmental Response, Compensation, and Liability Act; applicable regulations associated with these statutes; and other related laws and regulations.
Form 7-2540 means the Bureau of Reclamation Right-of-Use Application form required for all proposed uses of Reclamation land, facilities, and waterbodies, except those associated with construction and/or placement of transportation, communication, and utility systems and facilities.
Grantee means you as the recipient or holder of a use authorization regardless of the contractual format.
Interior means the United States Department of the Interior.
Managing partner means a Federal or non-Federal public entity that manages land, facilities, or waterbodies through a management agreement with Reclamation entered into pursuant to the Federal Water Project Recreation Act, as amended.
Part 21 of this title means title 43 of the Code of Federal Regulations part 21, which is titled Occupancy of Cabin Sites on Public Conservation and Recreation Areas.
Part 423 of this chapter means title 43 of the Code of Federal Regulations part 423, which is titled Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies.
Possession or occupancy and possess or occupy mean to control, use, or reside on Reclamation land, facilities, or waterbodies.
Private exclusive recreational or residential use means any use that involves structures or other improvements used for recreational or residential purposes to the exclusion of public uses that are not associated with the official management of a Reclamation project. This includes, but is not limited to the following:
(1) Cabin sites and associated improvements (including those currently defined in part 21 of this title); mobile homes, residences, outbuildings, and related structures; and associated landscaping, patios, decks, and porches;
(2) Boat houses, docks, moorings, piers, and launch ramps;
(3) Floating structures or buildings, including moored vessels used as residences or unauthorized business sites;
(4) Sites for such activities as hunting, fishing, camping, and picnicking (other than transitory uses allowed under part 423 of this chapter) that attempt to exclude general public access; and
(5) Access routes to private land, facilities, or structures when other reasonable alternative means of access is available or can be obtained.
Public entity means States, political subdivisions or agencies thereof; public and quasi-governmental authorities and agencies; and agencies of the Federal Government.
Public needs mean the recreational requirements of the general public at areas where existing authorized private exclusive recreational or residential uses are present.
Reclamation means the Bureau of Reclamation, United States Department of the Interior.
Reclamation facility means any facility under our jurisdiction. The term includes, but is not limited to, buildings, canals, dams, ditches, drains, fish and wildlife facilities, laterals, powerplants, pumping plants, recreation facilities, roads, switchyards, transmission and telecommunication lines, and warehouses.
Reclamation land means any land under the jurisdiction of, or administered by, Reclamation and may include, but is not limited to, the following:
(1) All land acquired by Reclamation through purchase, condemnation, exchange, or donation for Reclamation project and water related purposes;
(2) All land withdrawn by Reclamation from the public domain for Reclamation purposes; and
(3) All interests in land acquired by Reclamation, including easements and rights exercised by the United States under the 1890 Canal Act (43 U.S.C. 945).
Reclamation law means the Reclamation Act of June 17, 1902 (32 Stat. 388, 43 U.S.C. 371 et seq.), and all Acts which supplement or amend the 1902 Act.
Reclamation project means any land, facilities, or waterbodies used for water supply, water delivery, flood control, hydropower, or other authorized purposes including fish, wildlife, and recreation administered by Reclamation under Federal laws.
Reclamation waterbodies means any body of water situated on Reclamation land and under Reclamation jurisdiction. Examples of Reclamation waterbodies include, but are not limited to, reservoirs, lakes, and impoundments.
Regional Director means any one of the representatives of the Commissioner, or their delegates, who are responsible for managing their respective region's land, facilities, and waterbodies and for the decisions made under this part.
Standard Form (SF) 299 means the form titled Application for Transportation and Utility Systems and Facilities on Federal Lands used when requesting permission for construction and/or placement of transportation, communication, or utility systems and facilities.
Unauthorized use means use of Reclamation land, facilities, and waterbodies without proper authorization.
Use authorization means a document that defines the terms and conditions under which we will allow you to use Reclamation land, facilities, and waterbodies. Use authorizations can take the form of easements, leases, licenses, permits, and consent documents. This document is also referred to as a “right-of-use” in part 423 of this chapter.
Use fee means the amount due to Reclamation for the use of Federal land, facilities, or waterbodies under our jurisdiction or control. Use fees are distinct and separate from application fees and administrative costs.
Valuation means the method used to establish the fee for a use authorization by appraisal, waiver valuation, or other sound or generally accepted business practice.
Water user organization means any legal entity established under State law that has entered into a contract with the United States pursuant to the Federal reclamation laws.
We, us, or our mean Reclamation.
You, your, I, me, or my, mean an applicant, grantee, or unauthorized user.
Possession or occupancy of, or extraction or removal of natural resources from, Reclamation land, facilities, or waterbodies require a use authorization in accordance with this part. Typical uses of or activities on Reclamation land, facilities, or waterbodies regulated by this part include, but are not limited to the following:
(a) Commercial filming and photography;
(b) Commercial guiding and outfitting;
(c) Commercial or organized sporting events;
(d) Grazing, farming, and other agricultural uses;
(e) Infrastructure, such as transportation, telecommunications, utilities, and pipelines;
(f) Organized recreational activities, public gatherings, and other special events that involve the possession or occupancy of Reclamation lands;
(g) Removal of, or exploration for, sand, gravel, and other mineral resources;
(h) Timber harvesting, or removal of commercial forest products or other vegetative resources; and
(i) Any other uses deemed appropriate by Reclamation, subject to the exclusions listed in § 429.4.
(a) Individual, non-commercial use of Reclamation land, facilities, or waterbodies for occasional activities such as hiking, camping for periods of 14 days or less during any period of 30 consecutive days, sightseeing, picnicking, hunting, swimming, boating, and fishing, consistent with applicable laws, regulations and policies. Public conduct associated with these activities is governed by part 423 of this chapter;
(b) Buildings and structures used by concessionaires or managing partners to facilitate their operations or that are made available by them for the general, non-exclusive use of the public. Examples include, but are not limited to the following:
(1) Boat docks available for short-term use by the public;
(2) Marina slips available for rent by the public;
(3) Publicly available boat ramps;
(4) Houseboats available for short-term rent by the public;
(5) Stores and restaurants;
(6) Employee housing; and
(7) Rental cabins, hotels, campgrounds, and other short-term lodging facilities.
(c) While not subject to other requirements and processes established under this part, the following types of uses must be in compliance with the requirements in subpart H of this part:
(1) Recreational activities at sites managed by non-Federal managing partners under Public Law 89-72, titled Federal Water Project Recreation Act, July 9, 1965;
(2) Activities managed by other Federal agencies or Interior bureaus by agreement or under other authority;
(3) Activities at sites directly managed by Reclamation where fees or fee schedules are established for general public recreation use;
(4) Uses authorized under concession contracts on Reclamation land, facilities, and waterbodies;
(5) Reclamation contracts for water supply or water operations;
(6) Authorized operation and maintenance activities on Reclamation land, facilities, and waterbodies undertaken by water user organizations, or their contractors, or by Reclamation contractors;
(7) Agreements and real property interests granted for the replacement or relocation of facilities, such as highways, railroads, telecommunication, or transmission lines or infrastructure governed by Section 14 of the Reclamation Project Act of August 4, 1939 (43 U.S.C. 389). Payments to equalize land values may still be required and administrative costs may still be recovered; and
(8) Activities specifically authorized under other Federal statutes or regulations.
Unless otherwise provided by law or regulation, only Reclamation or another Federal agency acting for Reclamation under delegated authority is authorized to issue use authorizations that convey an interest in Reclamation land, facilities, or waterbodies. Recreation managing partners under the Federal Water Projects Recreation Act, 16 U.S.C. 4601 et seq., and water user organizations who have assumed responsibility for operation and maintenance of Reclamation land, facilities, or waterbodies, and provide a copy of the use authorization to the local Reclamation office, pursuant to a contract with Reclamation may issue limited use authorizations to third parties for activities on Reclamation land, facilities, or waterbodies when all of the following apply:
(a) The recreation managing partner or water user organization is authorized to do so under its contract with Reclamation;
(b) Such limited use authorizations do not convey ownership or other interest in the Federal real property;
(c) The uses authorized are not permanent or for an indefinite period;
(d) The limited use authorization does not provide for an automatic right of renewal;
(e) The limited use authorization is fully revocable at the discretion of Reclamation; and
(f) All revenues collected for the use of Reclamation land, facilities, and waterbodies are handled in compliance with all statutory, regulatory, and policy requirements.