Questions Justification Sheets - 1006-0023

08_09 Question Justification - 1006-0023.xls

Forms to Determine Compliance by Certain Landholders, 43 CFR part 426

Questions Justification Sheets - 1006-0023

OMB: 1006-0023

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OMB Control No. 1006-0023, "Forms to Determine Compliance by Certain Landholders" [formerly titled "Limited Recipient Identification Sheet, Trust Information Sheet, and Public Entity Information Sheet for Acreage Limitation, 43 CFR part 426 and the Act of July 7, 1970, Public Law 91-310"] Supporting Statement Question 2 (Attachment 1) Item Numbers of the Forms on Which the Question Appears

Question on the RRA Form Reason for Collecting this Information Limited Recipient
Identification Sheet
Trust Information
Sheet
Public Entity
Information Sheet
Religious or
Charitable Org.
Identification Sheet

Reclamation Use Only Section Date requested Provides a record of when the landholder was asked to complete the form. X X X X
District name Identifies the district in which the landholder holds land. X X X X
Entity name Identifies the landholder being asked to complete the form. X X X X
Landholder Section Entity (trust, organization) name Identifies the landholder completing the form; particularly useful in the event that the landholder uses a different or more specific name than is known by Reclamation. 1 1
1
Entity (trust, organization) address Establishes the landholder's proximity to the land. 2

2
Total landholding in the district Identifies the number of acres the landholder holds in the district. 3 5 1 3
State or country where the entity (trust) is established or registered Allows determination of proper entitlements. The country in which a foreign entity landholder is registered or established can affect eligibility and entitlements if the country has a certain treaty(ies) with the U.S. 4 4


Receipt of Reclamation irrigation water on or before October 1, 1981; date on which, and district in which, such water was received Ascertains whether a limited recipient's nonfull-cost entitlement is 320 acres (received Reclamation irrigation water on or before 10-1-81) or 0 acres (received water after 10-1-81). 5



Acres held in other districts and the name of those districts Identifies the quantity and location of other westwide landholdings that count against a limited recipients acreage limitation entitlements. 6 7


Wholly owned subsidiary or parent entity identification Identifies other entities whose landholdings count against the limited recipient, or whose landholdings should include land held by the limited recipient 7



Benefiting of 26 or more natural persons Determines whether an entity is a limited or qualified recipient, which affects entitlements 8



Date trust was established Documents date land began to be held by the trust
2


Trust's employer identification number Facilitates identification of the trust
3


Legal description of the land held in trust Identifies the specific land parcels that are attributable to the trust
6


Landholder Section Land held by the trust in other districts (district name and acres held) Identifies land held in multiple districts for attribution determination purposes. In cases where Reclamation conducts its required trust review from the Trust Information Sheet in lieu of actual trust documents, this information provides what Reclamation would normally have to ascertain from the actual trust documents.
7


Names and percentage of interest of current beneficiaries Identifies the current beneficiaries of the trust, and the percentage of interest each hold in the trust for attribution determination purposes. In cases where Reclamation conducts its required trust review from the Trust Information Sheet in lieu of actual trust documents, this information provides what Reclamation would normally have to ascertain from the actual trust documents.
8


Names of current trustees Identifies the trustees for attribution determination purposes. In cases where Reclamation conducts its required trust review from the Trust Information Sheet in lieu of actual trust documents, this information provides what Reclamation would normally have to ascertain from the actual trust documents.
9


Names of grantor(s) [creator(s)] Identifies the grantor(s) for attribution determination purposes. In cases where Reclamation conducts its required trust review from the Trust Information Sheet in lieu of actual trust documents, this information provides what Reclamation would normally have to ascertain from the actual trust documents.
10


Landholder Section Trust is in writing These questions are required to determine whether the land held in trust must be attributed to the beneficiary(ies), the trustee(s), or in certain cases the grantor(s). This information is also required to identify indirect landholders and determine (1) how much land held by the trust is eligible to receive Reclamation irrigation water, and (2) the appropriate rate for such deliveries. Entitlements of the attributed parties may affect the eligibility of land held by trusts or estates to receive Reclamation irrigation water. In cases where Reclamation conducts its required trust review from the Trust Information Sheet in lieu of actual trust documents, this information provides what Reclamation would normally have to ascertain from the actual trust documents.
11


Current beneficiaries and their interests in the trust are identified in the trust document
11


Trust is revocable, and if so, the trust specifies who will hold to the land upon revocation
11


Beneficiaries are 18 years of age and subject to the discretionary provisions
11


Land held in trust, when combined with other landholdings, exceeds appropriate nonfull-cost entitlement of the beneficiaries, grantor, or parents or guardians of any beneficiary who is 18 or younger and subject to the discretionary provisions
11


Trust landholdings include acquisition or disposition of land subject to secretarial price approval (excess land)
11


Land held in trust benefits limited recipient entities or prior law entities that benefit more than 25 persons
11


Public entity is a federal entity or a public school district Ascertains whether a some or all of the public entity's landholdings may be subject to the acreage limitation provisions.

2
3


Public entity acquired or began to lease land from another party after December 31, 2004. Ascertains further whether some or all of the public entity's landholdings may be subject to the acreage limitation provisions.

4

District name, number of owned acres, and number of leased acres for any land the public entity acquired or began to lease from another party after December 31, 2004 Ascertains further whether some or all of the public entity's landholdings may be subject to the acreage limitation provisions. Separates land that may be subject to the acreage limitation provisions into owned land versus leased land in order to correctly apply such land toward a public entity's acreage limitation entitlements.

5

Landholder Section Total number of owned acres Calculates land that may be subject to the acreage limitation provisions (owned land versus leased land) in order to correctly apply such land toward a public entity's acreage limitation entitlements.

5a

Total number of leased acres

5b

Total number of owned and leased acres

5c

Land used for purposes other than the purposes specified in the regulations Ascertains further whether some or all of the public entity's landholdings may be subject to the acreage limitation provisions.

6

District name, legal description, number of acres, purpose for which the land is used, and total number of acres Ascertains further whether some or all of the public entity's landholdings may be subject to the acreage limitation provisions.

7

Revenue received from crops or lease payments Ascertains further whether some or all of the public entity's landholdings may be subject to the acreage limitation provisions.

8

Receipt of Reclamation irrigation water on or before October 1, 1981, and the district in which such water was received Establishes the nonfull-cost entitlement of the public entity (organization)

9
10
6a
Tax exempt status under section 501 of the Internal Revenue Code Ascertains whether an organization qualifies for special application of the RRA provisions, or should instead be treated as a limited recipient entity for acreage limitation purposes.


4
Use of produce or proceeds therefrom, operation or lease of land to other parties, net earnings that benefit a private shareholder or individual Ascertains whether an organization qualifies for special application of the RRA provisions, or should instead be treated as a limited recipient entity for acreage limitation purposes.


5a
5b
5c

Land held in other districts subject to the acreage limitation provisions Identifies land in other districts that counts against the organization's entitlements. In the case of item 6b, identifies other districts in which the organization may owe the full-cost rate for Reclamation irrigation water deliveries.


5d
6b

Attestation Section Name, signature, date, address, telephone number, relationship to the entity Authenticates the form, provides necessary identification information, and serves as confirmation of the accuracy of the information provided. X X X X
File Typeapplication/vnd.ms-excel
AuthorDepartment of Interior
Last Modified ByDepartment of Interior
File Modified2007-06-04
File Created2007-05-16

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