[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR426.4]

[Page 603-604]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 426--ACREAGE LIMITATION RULES AND REGULATIONS (Eff. 1-1-98)--Table of Contents
 
Sec. 426.4  Attribution of land.

    (a) Prohibition on increasing acreage limitation entitlements. 
Except as specifically provided in these rules, a landholder cannot 
increase acreage limitation entitlements or eligibility by acquiring or 
holding a beneficial interest in a legal entity. Similarly, the acreage 
limitation status of an individual or legal entity that holds or has 
acquired a beneficial interest in another legal entity will not be 
permitted to enlarge the latter legal entity's acreage limitation 
entitlements or eligibility.
    (b) Attribution of owned land. For purposes of determining acreage 
to be counted against acreage limitation entitlements, acreage will be 
attributed to all:
    (1) Direct landowners in proportion to the direct beneficial 
interest the landowners own in the land; and
    (2) Indirect landowners in proportion to the indirect beneficial 
interest they own in the land.
    (c) Attribution of leased land. Leased land will be attributed to 
the direct and indirect landowners as well as to the direct and indirect 
lessees in the same manner as described in paragraphs (b) and (d) of 
this section.
    (d) Attribution of land held through intermediate entities. If land 
is held by a direct landholder and a series of indirect landholders, 
Reclamation will attribute that land to the acreage limitation 
entitlements of the direct landholder and each indirect landholder in 
proportion to each landholder's beneficial interest in the entity that 
directly holds the land.
    (e) Leasebacks. Any land a landholder directly or indirectly owns 
and that is directly or indirectly leased back will only count once 
against that particular landholder's nonfull-cost entitlement.

[[Page 604]]

    (f) Effect on an entity of attribution to part owners. For purposes 
of determining eligibility, the entire landholding will be attributed to 
all the direct and indirect landholders. If the interests in a legal 
entity are:
    (1) Undivided, then all of the indirect part owners must be eligible 
in order for the entity to be eligible; or
    (2) Divided, in such a manner that specific parcels are attributable 
to each indirect landholder, then the entity may qualify for eligibility 
on those portions of the landholding not attributable to any part owner 
who is ineligible.