§ 431.7 Administration and management of the Colorado River Dam Fund. Reclamation is responsible for the repayment of the Project and the administration of the Colorado River Dam Fund and the Lower Colorado River Basin Development Fund. (a) All receipts to the Project shall be deposited in the Fund along with electric service revenues deposited by Western and shall be available without further appropriation for: (1) Defraying the costs of operation (including purchase of supplemental energy to meet temporary deficiencies in firm energy which the Secretary of Energy is obligated by contract to supply), maintenance, and replacements of all Project facilities, including emergency replacements necessary to insure continuous operations; (2) Payment of annual interest on the unpaid investments in accordance with appropriate statutory authorities; (3) Repayment of capital investments including amounts readvanced from the Treasury; (4) Payments to the States of Arizona and Nevada as provided in section 2(c) of the Adjustment Act and section 403(c)(2) of the Colorado River Basin Project Act; (5) Transfers to the Lower Colorado River Basin Development Fund and subsequent transfers to the Upper Colorado River Basin Fund, as provided in section 403(c)(2) of the Colorado River Basin Project Act and section 102(c) of the Hoover Power Plant Act, as reimbursement for the monies expended heretofore from the Upper Colorado River Basin Fund to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River Storage Project in accordance with the provisions of sections 403(g) and 502 of the Colorado River Basin Project Act, such transfers, totalling $27,591,621.25, to be effected by 17 annual payments of $1,532,868.00 beginning in 1988 and a final payment of $1,532,865.25 in 2005; and (6) Any other purposes authorized by existing and future Federal law. (b) Appropriations for the visitor facilities program and any other purposes authorized by existing and future Federal law advanced or readvanced to the Fund shall be disbursed from the Fund for those purposes. (c) All funds advanced by non-Federal Contractors for the Uprating Program shall be deposited in the Fund, shall be available without further appropriation, and shall be disbursed from the Fund to accomplish the Uprating Program. (d) The Fund shall be administered and managed in accordance with applicable Federal laws and regulations, by the Secretary acting through the Commissioner. [51 FR 23962, July 1, 1986; 51 FR 24531, July 7, 1986] § 431.8 Disputes. (a) All actions by Reclamation or the Secretary shall be binding unless and until reversed or modified in accordance with the provisions herein. (b) Any disputes or disagreements as to interpretation or performance of the provisions of these General Regulations under the responsibility of the Secretary shall first be presented to and decided by the Commissioner. The Commissioner shall be deemed to have denied the Contractor's contention or claim if it is not acted upon within 60 days of its having been presented. The decision of the Commissioner shall be subject to appeal to the Secretary by a notice of appeal accompanied by a statement of reasons filed with the Secretary within 30 days after such decision. The Secretary shall be deemed to have denied the appeal if it is not acted upon within 60 days of its having been presented. (c) The decision of the Secretary shall be final unless, within 30 days from the date of such decision, a written request for arbitration is received by the Secretary. The Secretary shall have 90 days from the date of receipt of a request for arbitration either to concur in or deny in writing the request for such arbitration. Failure by the Secretary to take any action within the 90 day period shall be deemed a denial of the request for arbitration. In the event of a denial of a request for arbitration, the decision of the Secretary shall become final. Upon a decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of the Secretary violates any right accorded the Contractor under the Project Act, the Adjustment Act, or title I of the Hoover Power Plant Act is barred unless suit asserting such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by the Secretary to correct the action complained of, in accordance with section 105(h) of the Hoover Power Plant Act. (d) When a timely request for arbitration is received by the Secretary and the Secretary concurs in the request, the disputing Contractor and the Secretary shall, within 30 days of receipt of such notice of concurrence, each name one arbitrator to the panel of arbitrators which will decide the dispute. All arbitrators shall be skilled and experienced in the field pertaining to the dispute. In the event there is more than one disputing Contractor in addition to the Secretary, the disputing Contractors shall collectively name one arbitrator to the panel of arbitrators. In the event of their failure collectively to name such arbitrator within 15 days after their first meeting, that arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall name a third arbitrator within 30 days of their first meeting. In the event of their failure to so name such third arbitrator, that arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration Association. The third arbitrator shall act as chairperson of the panel. The arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be limited to the issue submitted. The panel of arbitrators shall render a final decision in this dispute within 60 days after the date of the naming of the third arbitrator. A decision of any two of the three arbitrators named to the panel shall be final and binding on all parties involved in the dispute. § 431.9 Future regulations. (a) Reclamation may from time to time promulgate additional or amendatory regulations deemed necessary for the administration of the Project, in accordance with applicable law; Provided, That no right under any contract made under the Hoover Power Plant Act shall be impaired or obligation thereunder be extended thereby. (b) Any modification, extension, or waiver of any provision of these General Regulations granted for the benefit of any one or more Contractors shall not be denied to any other Contractor. PARTS 432-999 [RESERVED] FINDING AIDS A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Material Approved for Incorporation by Reference Index Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR Redesignation Table List of CFR Sections Affected Material Approved for Incorporation by Reference (Revised as of October 1, 1998) The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume. 43 CFR (PARTS 1-999) OFFICE OF THE SECRETARY OF THE INTERIOR, DEPARTMENT OF THE INTERIOR American Fisheries Society 5410 Grosvenor Lane, Bethesda, MD 20814 Monetary Values of Freshwater Fish and Fish-Kill Counting Guidelines, Special Publication No. 13, Part II, Fish-Kill Counting Guidelines. Department of the Interior 1801 “C” St., N.W., Washington, DC 20240 Also available from the National Technical Information Service (NTIS, 5285 Port Royal Road, Springfield, VA 22161 (703) 487– 4650, FAX: (703) 487–4142 43 CFR 11.18; 11.62(f)(4)(i)(B); 11.71(1)(5)(iii)(A) Economic and Environmental Principles and Guidelines for Water 11.18; 11.83(a)(3) and Related Land Resources Implementation Studies, Chapter II, Section VIII, Appendix 1 “Travel Cost Method”, Appendix 2 “Contingent Value Method", and Appendix 3 "Unit Day Value Method". The CERCLA Type A Natural Resource Damage Assessment Model for Coastal and Marine Environments, Technical Documentation, Volumes I-VI, dated April, 1996 (NRDAM/CME technical document). The CERCLA Type A Natural Resource Damage Assessment Model for Coastal and Marine Environments, Technical Documentaion, Volumes I-VI, dated April 1996 (NRDAM/CME technical document); Revision 1, dated October 1997. The CERCLA Type A Natural Resource Damage Assessment Model for Great Lakes Environments, Technical Documentation, Volumes I-IV, dated April, 1996 (NRDAM/GLE technical document). The CERCLA Type A Natural Resource Damage Assessment Model for Great Lakes Environments, Technical Documentation, Volumes I-IV, dated April 1996 (NRDAM/GLE); Revision 1, dated October 1997. Interagency Land Acquisition Conference Available from the Superintendent of Documents, U.S. Government 11.18(a)(4); 11.34(a); 11.18(a)(5); 11.34(b); 11.34(e); 11.35(a); 11.36(b); 11.40(a); 11.42(a); App. III 11.18(a) 11.18; 11.83(c)(2)(i) |