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pdfFORM 7-21XS
2012 Instructions
INSTRUCTIONS FOR DESIGNATION OF EXCESS LAND
(For Landholders Subject to Certification and Reporting
Requirements of the Reclamation Reform Act of 1982)
(7-11)
Bureau of Reclamation
Do not use this form after December 31, 2012
OMB Control No.: 1006-0005
Paperwork Reduction Act
This information is being collected to establish landholder compliance with Federal reclamation law. Response to this request is mandatory in
accordance with Public Law 97-293 and 43 CFR 426.18. Public reporting burden for this form is estimated to average 30 minutes per response,
including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and
Budget (OMB) control number. Direct comments regarding the burden estimated or any other aspect of these forms to Manager, Land
Resources Office, Code 84-53000, Bureau of Reclamation, PO Box 25007, Denver CO 80225.
GENERAL INFORMATION
“General Information About RRA Forms” (Form 7-21INFO)
provides basic instructions on using Reclamation Reform Act of
1982 (RRA) forms. Ask your district office for this form each
year to keep current. Refer to the definitions at the end of
Form 7-21INFO whenever the meaning of a term is not clear to
you. Please note, some terms such as “irrigable land,”
“irrigation land,” and “irrigation water” have special definitions
when used in these forms which differ from their common
meaning. Other terms and corresponding definitions that are
specific to the RRA forms are:
•
“Land” or “acres” means irrigable or irrigation land.
•
“You” or “your” means all types of landholders -individuals, entities, religious or charitable organizations,
trusts, estates, etc.
•
•
A landholder (individual or entity) who exceeds your
ownership entitlement.
•
A landholder who has excess land even if that landholder
does not currently exceed his/her/its ownership entitlement.
•
An entity who agrees to designate some land as excess when
a part owner is over their ownership entitlement.
•
A landholder who purchases land that was designated as
excess by the seller without our sales price approval.
Note: This applies even if you do not exceed your
ownership entitlement.
•
A landholder who involuntarily acquires excess land.
•
A landholder who involuntarily acquires nonexcess land and
then designates that land as excess. Such a landholder must
complete Form 7-21XS even if the landholder still has
ownership entitlement available.
•
Any party attributed with the land held (directly or indirectly
owned or leased) by the trust or estate who exceeds
his/her/its own entitlement. In this instance, the trust or
estate must designate excess land even though trusts and
estates do not have a set limitation on the amount of land
they can own.
“We,” “us,” “our,” or “Reclamation” means the Bureau of
Reclamation.
As used in the RRA forms, the term “actual acres” refers to all
irrigable and irrigation acres with no adjustment applied for
Class 1 equivalency. The term “Class 1 equivalent acres” refers
to the resulting number of acres when an adjustment is made to
actual acres for Class 1 equivalency.
Visit www.usbr.gov/rra for more information.
WHERE TO SUBMIT FORMS
WHO MUST SUBMIT THIS FORM
If you must complete a Form 7-21XS, then you must submit a
Form 7-21XS along with your standard form to each district in
which you own land subject to the acreage limitation provisions.
You must submit the original form to one district and you may
submit copies to the others if you hold land in more than one
district.
You must submit a “Designation of Excess Land”
(Form 7-21XS) if you are:
WHAT LAND TO INCLUDE
•
Whether you want to irrigate the land or not, all land you
own that exceeds your ownership entitlement must be designated
as excess. All land you hold will be determined to be ineligible
to receive Reclamation irrigation water if you exceed your
westwide ownership entitlement and you do not submit
Form 7-21XS to designate your excess acres. Your land will
remain ineligible until the appropriate excess designation is
made.
The second option does not apply to owned land if the land is not
alienable and separable nor to leased land under any
circumstances.
Your entity can amend the deed to the owned land to
provide the part owner “title” to the specific amount of land
needed to be designated as excess land by the part owner.
With this option, only 50 acres would need to be designated
as excess land instead of the 100 acres in the example
provided in option 1.
Once you file a designation, it remains in full force and effect
until you submit a written request for redesignation to your
district office and it is approved by us. You must submit a
request for redesignation whenever there is a change in land
designation as excess. Your request for redesignation must be
accompanied by a new standard form and a new Form 7-21XS,
and we must approve it in writing prior to being filed with the
district office. Merely submitting a Form 7-21XS with a
redesignation of excess land will not change your prior
designation.
If you are an indirect landholder, you may apply Class 1
equivalency to your designation of nonexcess land if the direct
landholder has already utilized Class 1 equivalency on his/her/its
Form 7-21XS. You should obtain a copy of the direct
landholder's form, and indicate the same acreage as excess as the
direct landholder. If after taking that action you still exceed your
ownership entitlement, then apply one of the following:
You must provide an accurate legal description or an assessor’s
parcel number for each land parcel you list. Be sure you break
down land parcels as far as necessary to ensure accurate
identification. Group the parcels by district if you are listing
parcels located in more than one district.
•
•
WHEN THIS FORM IS REQUIRED
You must submit Form 7-21XS each and every year you exceed
your ownership entitlement or when you agree to designate land
as excess due to a part owner who exceeds his/her/its ownership
entitlement. You do not need to submit Form 7-21XS for this
water year if there is no change to your most recently submitted
Form 7-21XS and you are eligible to submit a “Verification of
Landholdings” (Form 7-21VERIFY).
If you hold no land directly (or you do not want to designate
such land as excess) and the direct landholder does not
exceed the applicable entitlement, then use the applicable
Class 1 factors to determine how much land to request the
direct landholder to designate as excess land. Once the
direct landholder has completed Form 7-21XS, obtain a
copy of that form and indicate the same acreage as excess as
the direct landholder.
GENERAL INSTRUCTIONS
Type or print in ink all answers. You must initial and date any
crossouts and corrections. You may attach continuation sheets
to list information. District name abbreviation(s) used on this
form must be spelled out on the form where the abbreviation is
used for the first time, or on a separate sheet attached to this
form. Please contact your district office or the appropriate
Reclamation office if you have any questions.
Your entity has two options if it owns land that is alienable and
separable, and a part owner of your entity requests the entity to
designate excess land because the part owner exceeds his/her/its
ownership entitlement:
•
If you hold land both directly and indirectly, then apply the
Class 1 equivalency to your directly held land.
ITEM BY ITEM INSTRUCTIONS
Your entity may designate enough land to attribute to the
part owner the number of acres equal to what the part owner
needs to designate as excess land. For example, a part
owner owns 50 percent of a legal entity and he needs to
designate 50 acres as excess land. The part owner asks the
legal entity to designate excess land. The entity must
designate 100 acres as excess land in order for the part
owner to have 50 excess acres attributed to him; or
Landholder Information
2
1.
Enter the landholder’s name.
2.
Enter the spouse’s name if the landholder is married.
FORM 7-21XS (2012)
3.
far as necessary to ensure accurate identification.
Group parcels by district if you are listing parcels
located in more than one district.
(a) Enter the landholder’s, trustee’s, administrator’s or
executor’s street address or rural route number, city,
state, and ZIP code. An attorney’s address, “c/o”
address, etc., is not acceptable in place of a street
address. Post office box numbers may be used only if
no other address exists.
(c) Number of actual acres in the land parcel.
For direct landholders with a Class 1 equivalency
factor: The following instructions explain how to
calculate the maximum number of acres you may
designate as nonexcess.
(b) Enter the landholder’s mailing address if it is different
from the street address.
4.
(a) Enter the telephone number where questions can be
directed.
If all of your land is of one class other than Class 1 and
has a Class 1 equivalency factor of less than 1.0, you
can divide your ownership entitlement by that
equivalency factor to determine the number of acres
you may designate as nonexcess. If your equivalency
factor is more than 1.0, you will need to multiply your
ownership entitlement by that equivalency factor.
(b) Enter the name of a contact person at that telephone
number.
5.
6.
Check the box that best identifies the landholder’s
ownership entitlement. Fill in the number of acres on the
line provided if you check “Other.” Check the box marked
“Trust or Estate” instead of checking an entitlement if you
are completing this form for a trust or estate.
Example: If you own 1,200 acres and if your
ownership entitlement is 960 acres and all your land is
Class 2 with a Class 1 equivalency factor of 0.8, you
will enter 1,200 nonexcess acres in column 7(c)
(960 ÷ 0.8 = 1,200).
(a) For entities only: Enter the name(s) of the part
owner(s) causing the entity to complete this form.
Your entity may not exceed its ownership entitlement,
but it may complete this form solely because one (or
more) of your entity’s part owners exceeds his/her/its
ownership entitlement and your entity has agreed to
designate all or part of its land as excess.
If you have multiple classes of land and need assistance
completing this item on your form, please contact your
district office or the appropriate Reclamation office.
(d) If appropriate, enter the Class 1 equivalency factor for
the district in which the land parcel is located. You
may use this column only if you are subject to the
discretionary provisions and only for land you own in
those districts listed in column 7(a) that have Class 1
equivalency factors. Leave this column blank if you are
not subject to the discretionary provisions or if none of
the districts listed in column 7(a) have Class 1
equivalency factors. Again, Class 1 equivalency can
only be applied to acres in those districts that have
Class 1 equivalency factors.
(b) For trusts or estates only: Identify the attributed
direct or indirect landowner(s) who exceed his/her/its
ownership entitlement, causing the trust or estate to
complete this form.
Directly Owned Nonexcess Land
7.
Complete this section if the landholder directly owns land
and either a portion or all of that land is to be designated as
nonexcess. Identify which parcels of the directly owned
land will count against the landholder’s ownership
entitlement.
(e) If you completed column 7(d), enter the Class 1
equivalent acres by dividing item 7(c) by item 7(d) if
your Class 1 equivalency factor is more than 1.0, or by
multiplying item 7(c) by item 7(d) if your Class 1
equivalency factor is less than 1.0.
If you are unsure of the meaning of the terms “actual acres”
or “Class 1 equivalent acres,” please see the “GENERAL
INFORMATION” section of these instructions and the
definitions provided in Form 7-21INFO.
Example: If you have 1,400 actual Class 2 acres with
a Class 1 equivalency factor of 0.8, you will enter
960 acres in column 7(e) because application of
Class 1 equivalency to 1,200 of your actual 1,400
Class 2 acres results in 960 acres (1,200 x 0.8 = 960).
(a) Name of district in which the land parcel is located.
(b) Provide an accurate legal description or an assessor’s
parcel number. Be sure to break down land parcels as
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FORM 7-21XS (2012)
An indirect landholder who meets the following criteria
must also note in column 8(b) what action was taken (e.g.,
I am not over my ownership entitlement because when the
available Class 1 equivalency factor is used by the direct
landholder[s] I no longer exceed my ownership entitlement)
if the indirect landholder:
However, you must still designate the remainder of
your actual Class 2 acres (200 acres) as excess in
item 14. To do this, you must re-convert all class 1
equivalent acres to actual acres. Please refer to the
example provided in item 11.
The total acres in column 7(e) cannot exceed your
ownership entitlement.
•
•
This column can be used only by landholders subject to
the discretionary provisions and only for those districts
listed in column 7(a) that have Class 1 equivalency
factors. Leave this column blank if you are not subject
to the discretionary provisions or if none of the districts
listed in column 7(a) have Class 1 equivalency factors.
•
All land you directly own must be designated on this
form as either nonexcess or excess. You can verify
this by adding the total of column 7(c) and item 12.
This total should equal the total number of directly
owned acres on your standard form.
(c) Number of actual or Class 1 equivalent acres
designated as nonexcess by the direct landowner
(entity, trust, or estate). You must obtain this number
from item 7(c) if no Class 1 equivalency factor is used,
or from 7(e) if Class 1 equivalency is used, on the
direct landowner’s Form 7-21XS. If the direct
landholder has not completed a Form 7-21XS, include
all land held by that direct landholder.
Determine which of the following situations applies to you:
•
Finds that when Class 1 equivalency is available in the
district(s) and applied by the direct landholder, it
results in the indirect landholder also being under
entitlement.
(b) Name of the direct landowner (i.e., the entity that owns
land in which you own an interest, or the name of the
trust or estate in which the land is held).
Complete this section if you exceed your ownership
entitlement and you are a part owner, beneficiary, trustee, or
grantor who is attributed with land owned by an entity, trust,
or estate and a portion of such indirectly owned land is
designated as nonexcess by the direct owner of such land.
Only direct landowners can designate nonexcess land.
•
Only holds land through entities that are under their
entitlements; and
(a) Name of district in which the land parcel is located.
Indirectly Owned Nonexcess Land
8.
Exceeds his/her/its ownership entitlements;
(d) What type of acres were included in item 8(c): actual
acres or Class 1 equivalent acres. You must indicate
“actual acres” if the acreage you are using was obtained
from item 7(c) of the direct landowner’s Form 7-21XS.
You must indicate “Class 1 equivalent acres” if the
acreage you are using was obtained from item 7(e) of
the direct landowner’s Form 7-21XS.
If you have asked a direct landowner to complete a
Form 7-21XS and the landowner has done so, the
direct landowner has completed a Form 7-21XS for
other reasons, you must use the direct landowner’s
Form 7-21XS to complete this section. Any applicable
Class 1 equivalency calculations will be performed on
the direct landowner’s Form 7-21XS.
(e) The percentage of interest in the entity, trust, or estate
that is attributed to this landholder.
OR, if the direct landowner has not completed a
Form 7-21XS, then information about all land you
indirectly own through that landowner must be
included here.
(f) Multiply item 8(c) by item 8(e) in decimal form. This is
the number of indirectly owned nonexcess acres
attributable to this landholder by the entity, trust, or
estate.
If you are unsure of the meaning of the terms “actual acres”
or “Class 1 equivalent acres,” please see the “GENERAL
INFORMATION” section of these instructions and the
definitions provided in Form 7-21INFO.
4
FORM 7-21XS (2012)
9.
acquired eligible land and designated that land as
excess.
For calculation purposes only, please complete the
following steps and enter your total for each step in the
space provided to the right of the written instruction:
(a)
Total column 7(c) for those land parcels
where Class 1 equivalency is not
applicable, or. . . . . . . . . .
9(a) ______
(b)
Total column 7(e) for those land parcels
where Class 1 equivalency is applicable.
. . . . . . . . . . . .
9(b) ______
(c)
Total column 8(f). . . . . . . . . .
(d)
Add the totals you calculated above.
This is the number of acres westwide
that you designate as nonexcess.
Enter this total in item 9 on the form. . 9(d) ______
Note: If you involuntarily acquire nonexcess land and
designate it as excess, in general, the land will be
eligible to receive Reclamation irrigation water for
5 years from the date of acquisition, or in the case of
inheritance, from the date of the previous landholder’s
death.
(1)
Identify which nonexcess land parcel you
involuntarily acquired and designated as excess in
item 11(c) by providing the legal description of
the land parcel or an assessor’s parcel number.
(2)
The name of the landholder from whom each
parcel was involuntarily acquired;
(3)
The date each parcel was involuntarily acquired;
(4)
The status of the parcel when it was acquired
(e.g., nonexcess or excess; subject to a deed
covenant requiring our sales price approval for
10 years, etc.);
(5)
If the land was excess when it was involuntarily
acquired, why is the land eligible to receive
Reclamation irrigation water (e.g., placed under
recordable contract, nonexcess land involuntarily
acquired and designated excess by the previous
landholder, etc.);
(6)
The acreage limitation status of the landholder
from whom the land was involuntarily acquired
(i.e., subject to the discretionary provisions or
prior law); and
(7)
The water rate applicable for Reclamation
irrigation water delivered to the previous
landholder (i.e., contract rate, full operation and
maintenance rate, or full-cost rate).
9(c) ______
Total acres in item 9 cannot exceed your ownership entitlement.
Directly Owned Excess Land
10. Enter the landholder’s name again. (These forms are often
photocopied, so it is necessary to have the landholder
identified on each page.)
11. Complete this section if you directly own land and all or a
portion of that land is to be designated as excess. You must
identify which parcels of your directly owned land you want
to be considered in excess of your ownership entitlement.
If you are unsure of the meaning of the terms “actual acres”
or “Class 1 equivalent acres,” please see the “GENERAL
INFORMATION” section of these instructions and the
definitions provided in Form 7-21INFO.
(a) Name of district in which the land parcel is located.
(b) Provide an accurate legal description of the land parcel
or an assessor’s parcel number.
(c) Indicate if the land is receiving water, and if so, what
type.
(e) Number of actual excess acres in the land parcel.
Note: Any Class 1 equivalent acres must be
reconverted to actual acres.
(d) If the land is receiving Reclamation irrigation water,
list the reason why (e.g., land under recordable
contract, involuntarily acquired, etc.).
Using the example provided for item 7(e):
You must provide the following information
on an “Attachment Sheet for Form 7-21XS”
(Form 7-21XSINAQ) or on a separate sheet of paper
and attach it to your Form 7-21XS if you involuntarily
Example: If you have 1,400 actual Class 2 acres with
a Class 1 equivalency factor of 0.8, you entered 960
acres in column 7(e) because 1,200 acres x 0.8 = 960.
However, you must designate the remainder of your
5
FORM 7-21XS (2012)
14. Total column 13(e). This is the number of excess acres you
indirectly own westwide.
land (200 acres) as excess because you applied Class 1
equivalency to only a 1,200-acre portion of your 1,400acre landholding.
15. Total item 12 and item 14. This is the total excess acreage
you own directly and indirectly, westwide.
The actual acres included in items 7 and 11 must equal
the total directly owned land reported on your standard
RRA form. Land reported on your standard RRA form
is based on actual acres, not Class 1 equivalent acres.
Therefore, if you use the Class 1 equivalent acres from
item 7(e) to calculate the number of acres that must be
designated as excess, you will arrive at a total number
of acres that is less than the total owned land reported
on your standard RRA form.
Signatures
16. Sign the form in ink. Both you and your spouse, if married,
must sign the form. This requirement applies even if the
land is not jointly held. All partners, joint tenants, or cotenants must sign the form if the landholder is a partnership,
joint tenancy, or tenancy-in-common. However, you may
use a written signature authorization to permit one spouse to
sign for the couple, or to permit one natural person to sign
for the entity and a copy must be submitted to each district
you submit RRA forms. All trustees, executors, or
administrators must sign this form unless the trust or a
power of attorney authorizes one individual to sign for the
trust or estate. The district office must keep any signature
authorization on file. It is the direct landowner’s
responsibility to notify potential buyers of excess land of the
actions needed to make the land eligible to receive
Reclamation irrigation water.
12. Total column 11(e). This is the number of actual excess
acres you directly own westwide.
Indirectly Owned Excess Land
13. Complete this section if you exceed your ownership
entitlement and you are a part owner, beneficiary, trustee, or
grantor who is attributed with land owned by an entity, trust,
or estate and all or a portion of your indirectly owned land is
designated as excess by the direct owner of such land.
Using information obtained from the direct landowner’s
Form 7-21XS, you must identify which parcels of your
indirectly owned land will be considered in excess of your
ownership entitlement.
If you are unsure of the meaning of the terms “actual acres”
or “Class 1 equivalent acres,” please see the “GENERAL
INFORMATION” section of these instructions and the
definitions provided in Form 7-21INFO.
(a) Name of district in which the land parcel is located.
(b) Name of the direct landowner (i.e., the entity that owns
land in which you own an interest, or the name of the
trust or estate in which the land is held).
(c) Number of actual acres designated as excess by the
direct landowner (entity, trust, or estate). Since only
direct landowners can designate excess land, you must
obtain this number from the direct landowner’s
Form 7-21XS, item 12.
(d) The percentage of interest in the entity, trust, or estate
that is attributed to you.
(e) Multiply item 13(c) by item 13(d) in decimal form.
This is the number of indirectly owned excess acres
attributable to you by the entity, trust, or estate.
6
FORM 7-21XS (2012)
File Type | application/pdf |
File Title | FORM 7-21XS |
Author | D Hayes |
File Modified | 2011-05-06 |
File Created | 2011-04-29 |