Bureau of Reclamation The public may apply to use project lands or the surfaces of any project body of water and may engage in the use only after proper authorization is received from Reclamation. Rights-of-use authorizations are not required for permitted public recreational use of recreation areas and facilities open to the public. Submission of an application for use does not constitute authority to use Reclamation lands and surfaces of water. Consideration of applications to use Reclamation project lands and water surfaces is completely discretionary and Reclamation reserves the right to refuse to authorize any use which may be incompatible with the federally-authorized purposes of Reclamation projects or interferes with Reclamation's rights or operations. What kinds of uses might be authorized by Reclamation? Reclamation will determine if the requested use is compatible with authorized project purposes, is in the best interests of the public, and is consistent with appropriate resources management and environmental considerations for the area. Examples of activities which may be authorized include:
Issuance of a right-of-use authorization does not relieve the applicant of obtaining any other permits and authorizations that may be required for the proposed activity, such as NEPA compliance, 404 permits, business/concessionaire permits, etc. What kinds of uses are not authorized on Reclamation projects? A right-of-use authorization will not be granted when, in the judgment
of the Reclamation, the use can not be reasonably accommodated on Reclamation
project land and waters because it would:
What do I have to do to apply? Step 1: Follow the detailed instructions on how to apply contained in the Federal regulations at 43 CFR 429, or contained in the following application forms:
Step 2: Make sure to attach all plans, specifications, maps, and drawings as required under either application. Step 3: Enclose an application fee of $200, payable to the Bureau of Reclamation. Step 4: Submit your completed application with all plans, specifications, maps, and drawings, and application fee to your local or regional Bureau of Reclamation office [click here to find the addresses to the local or regional Reclamation office in your area: www.usbr.gov and select "Addresses and Contacts"] What will Reclamation charge for the approved use of Reclamation lands or non-recreational water areas? In addition to the application fee mentioned above, Reclamation is required under Federal law to collect, in advance, adequate funds to cover all administrative review and processing costs associated with the right-of-use application, including environmental compliance, contract negotiation and preparation, construction, and if necessary, those costs of monitoring of the use (administrative costs). If Reclamation determines that they will not authorize you proposed use of Reclamation lands or water surfaces, they will return to you all but $50 of your application fee. Reclamation must also charge a rental fee based on current market value for the actual use of Reclamation land (market-based rent). Estimates of the administrative cost associated with the application processing and the market-based rent will be provided at the time of approval, if appropriate, of your right-of-use application. How long will it take to find out whether my application is approved? The receipt of your complete application, along with any necessary supplemental information and the $200 application fee, will be quickly acknowledged by the reviewing office. The office will then commence the review process of your application and inform you as to whether or not the proposed use is compatible with Reclamation projects and programs in the area. If determined compatible, you will be provided with the estimate of the administrative costs for application processing and an estimate of the time it will take to issue a right-of-use authorization to you. If your application is complex, involving construction and/or environmental compliance, and/or requires an appraisal to determine the market-based rent, it may take several months before the application process is concluded. You will be required to pay Reclamation administration costs prior to the processing of your application. After the processing has been completed, you will be notified of approval in writing by Reclamation and receive a contract to sign. Upon receipt by Reclamation of the signed contract and the payment of the market-based rent, you will be authorized to use the land or water surface requested in your application. What if I have questions on the application? If you have any questions on either application form, their instructions or requirements, please contact your local or regional Bureau of Reclamation office [click here to find the addresses to the local or regional Reclamation office in your area: www.usbr.gov and select "About Reclamation" and then select "Addresses and Contacts"] Last Reviewed: 7/23/04 |
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