FACT SHEET 14

May 2004

HOW TO APPEAL RRA 

FINAL DETERMINATIONS 

Reclamation Reform Act of 1982 (RRA) 

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This Fact Sheet explains the RRA appeals process as set forth in Section 426.24 of the

Acreage Limitation Rules and Regulations (43 CFR part 426). In general, this section

allows parties directly affected by Bureau of Reclamation (Reclamation) regional directors’

final determinations to appeal such determinations to the Commissioner of Reclamation

(Commissioner).

WHAT DECISIONS MAY BE APPEALED?

Any RRA determination required or authorized by the Acreage Limitation Rules and

Regulations that is “final” can be appealed pursuant to 43 CFR 426.24. Final

determinations are usually made by Reclamation’s regional directors. Sometimes,

however, regional directors delegate this authority to other regional representatives such as

deputy regional directors. All RRA final determinations include a specific notification so

districts (i.e., contracting entities, water districts, irrigation districts, conservancy districts,

associations, individual contractors, etc.), landholders (direct or indirect landowners or

lessees), and farm operators are able to distinguish “final” determinations from those that

are not.

WHO MAY APPEAL AN RRA FINAL DETERMINATION?

Those districts and/or landholders directly affected by an RRA final determination may

submit an appeal to the Commissioner. In addition, representatives (i.e., attorneys) of such

parties may submit appeals.

Final determinations will be transmitted, as appropriate, to districts and landholders whose

rights and interests are directly affected. All directly affected parties have the right to appeal,

even if they do not receive a notice of the final determination directly from Reclamation. Even

though individual landholders have the right to appeal, they may find it advantageous to have

districts appeal final determinations rather than to file separate appeals on their own behalf.

WHAT ARE THE DEADLINES FOR SUBMITTING APPEALS?

Appeals of final determinations must be submitted in writing to the Commissioner within

30 calendar days of the date of the regional director’s RRA final determination. The starting

point for counting the 30 days is the date on the letter or other document transmitting the
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determination. Any supporting documentation must be submitted within 60 calendar days

of the date of the RRA final determination. In other words, the timeframe for submitting

supporting documentation is 30 days beyond the deadline for submitting an appeal. 

Appeals of RRA final determinations cannot be submitted prior to the issuance of the

determination in question.

CAN THE APPEAL DEADLINES BE EXTENDED?

The 30-calendar-day period for submitting an appeal cannot be extended. However, the

Commissioner may extend the 60-calendar-day period for submitting supporting

documentation if the appellant makes such a request in a timely manner, the request

includes the reason why additional time is needed, AND the Commissioner determines the

appellant has shown good cause for an extension and the extension would not prejudice

Reclamation. Requests for such extensions should be submitted with the original appeal.

WHERE SHOULD APPEALS AND SUPPORTING 

DOCUMENTATION BE SUBMITTED?

Appeals and supporting documentation should be submitted to:

Commissioner

Bureau of Reclamation

Office of Program and Policy Services

Attention: D-5300

P.O. Box 25007

Denver, CO 80225

Reclamation requests that copies of any appeals and supporting briefs also be sent to the

applicable regional office.

ARE REGIONAL DIRECTORS’ RRA FINAL DETERMINATIONS 

EFFECTIVE DURING THE TIME OF AN APPEAL?

A regional director’s final determination will take effect the day after the expiration of the 

30-calendar-day period during which an affected party may appeal, unless a petition for stay

is filed together with a timely notice of appeal. The petition for stay must demonstrate that

the harm the affected party would suffer if the decision is not stayed outweighs the interest of

the United States in having the determination take effect during the appeal. The

Commissioner will determine whether to stay a regional director’s final determination within

30 days after receipt. Any determination or portion of a determination for which a stay is not

granted will become effective immediately after the Commissioner denies or partially denies

the petition for stay or fails to act within 30 days after receiving the request. In no case will

the accrual of underpayment interest be held in abeyance. The only way to stop the accrual

of underpayment interest is to pay the bill in question.
FACT SHEET 14 (continued)

Mission of the Bureau of Reclamation: To manage, develop, and protect water and related resources in an environmentally and economically sound

manner in the interest of the American public.

The Department of the Interior has established a 24-hour toll-free telephone number (1-800-424-5081) for anyone wishing to report suspected violations

of the Reclamation Reform Act of 1982 (RRA). Anyone reporting suspected violations will be protected under Federal privacy laws.

Distributed by the Bureau of Reclamation, United States Department of the Interior.

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WHAT RECOURSE DO APPELLANTS HAVE IF THEY DISAGREE 

WITH THE COMMISSIONER’S DECISION?

The Commissioner’s decision on an appeal may be appealed to the Department of the

Interior’s Office of Hearings and Appeals. The Office of Hearings and Appeals must receive

the appeal within 30 calendar days of the date of the Commissioner’s decision. Appeals to

the Office of Hearings and Appeals should be sent to:

Director

Office of Hearings and Appeals

Department of the Interior

801 North Quincy Street

Arlington, VA 22203

An appeal of a regional director’s final determination is not to be submitted to the Office of

Hearings and Appeals until after an appeal has been submitted to the Commissioner and a

decision on that appeal has been rendered.

For additional information concerning RRA appeals, see 43 CFR 426.24 or contact the

appropriate Reclamation office. Also visit www.usbr.gov/rra for more information.