(d) Minimum bill. The minimum bill shall be 50 cents per month per kilowatt of billing demand and no discount shall apply to this minimum.

(e) Contract demand. Each contract shall state the number of kilowatts which the customer expects to require and desires to have reserved for his service, this quantity is called the contract demand. The stated quantity need not be the same for all months of the year, but the contract demand shall not be less than 20 kilowatts in any month for which a demand is stipulated.

(f) Actual demand. The actual demand for any month shall be the average amount of power used during the period of 15 consecutive minutes when such average is the greatest for the month as determined by suitable meters, or, if meters are unavailable, the actual demand shall be connected load or such portion of the connected load as the Project Engineer may determine to be appropriate based on available information as to the customer's use of connected lights, appliances, and equipment, or from check metering.

(g) Billing demand. The billing demand for a month shall be the contract demand or the actual demand for the month, whichever is greater.

[29 F.R. 7092, May 29, 1964]

§ 233.53 Rate Schedule No. 3-Irrigation and Commercial Pumping Rate. (a) Application of schedule: This schedule is applicable to three phase electric service for irrigation or commercial pumping loads of 25 kilowatts demand or more. The necessary metering equipment will be supplied and maintained by the project for all installations. Each service will be at one point of delivery and measured through one meter. This schedule is not applicable to temporary, breakdown, standby, supplementary, nor resale service.

(b) lowing:

Monthly rate, either of the fol

(1) The sum of demand and energy charges as follows where project furnishes and maintains substation facilities:

(i) Demand charges of 50 cents per kilowatt of billing demand, and

(ii) Energy charges of 6.5 mills per kilowatt hour for the first 200 kilowatt hours per kilowatt of billing demand, and (iii) Energy charges of 9 mills per kilowatt hour for all additional kilowatt hours, or

(2) The sum of demand and energy charges as follows where the customer furnishes and maintains substation facilities:

(i) Demand charges of 50 cents per kilowatt of billing demand, and

(ii) Energy charges of 6.5 mills per kilowatt hour for first 200 kilowatt hours per kilowatt billing demand, and

(iii) Energy charges of 8.5 mills per kilowatt hour for all additional kilowatt hours.

(c) Minimum bill: The minimum bill shall be 50 cents per month per kilowatt of billing demand.

(d) Billing demand: The billing demand for a month shall be the contract demand or the actual demand for that month, whichever is the greater.

(e) Contract demand: Each customer shall state the number of kilowatts which the customer expects to require and desires to reserve for his service. This quantity is called the contract demand. The contract demand shall apply for not less than eight (8) months of the year. During the remainder of the year the customer may elect to reduce his contract demand to not less than 25 kilowatts on this schedule, arrange for power under another rate schedule, or disconnect his facilities.

(f) Actual demand: The actual demand for any month shall be the average

amount of power used during the period of 15 consecutive minutes when such average is the greatest for the month as determined by suitable meters, or, if meters are unavailable or inoperable, the actual demand shall be the connected load of such portion of the connected load as the Project Engineer may determine to be appropriate based on available information as to the customer's use of connected load or from check metering.

(g) Substation facilities: Substation facilities shall be considered to include high voltage safety and isolating equipment, transformers, and substation structures. Normal utilization voltages shall be 240 volts, 480 volts, 2,400 volts or such primary distribution voltages as may be available. Measurement of power and energy used will be at secondary voltages.

[29 F.R. 7094, May 29, 1964]

§ 233.54 Rate Schedule No. 4-Street and Area Lighting.

(a) Availability. Street and area lighting service is available in cities, towns, and unincorporated communities in which the project does a general retail business and where the project has installed a multiple or series street lighting system of adequate capacity for the service to be rendered.

(b) Application. This rate schedule applies to service for lighting public streets, alleys, thoroughfares, public parks, school yards, and playgrounds by the use of project's standard facilities where such service for the whole area is contracted for under this rate schedule by the city, town, or a responsible person for unincorporated communities; and in yards, parking lots and alleys where such service for the area is contracted for under this rate schedule by individuals. Service is from dusk-to-dawn and project will own, operate, and maintain the lighting system including lamps and globe replacements.

(c) Monthly rate. (1) Lamps:

86-046-68- -25

(4) Minimum $1.40 per lamp.

.03 00.

(d) Adjustment. Monthly billing rate for lamps is based on the estimated average monthly kilowatt hour usage as billed under Rate Schedule No. 1, Combination Rate, § 233.51, Interim Regulations and Rates, San Carlos Irrigation Project, Part 233, Title 25, Code of Federal Regulations. Revisions or changes in the above Rate Schedule No. 1 will be reflected by corresponding changes in the lamp rates.

(e) Special provisions.

(1) The project's standard street lighting standards are as follows:

Type A: Enclosed glass luminaire with 8foot or less up-sweep brackets mounted on 35-foot anchor base monotube or fluted steel pole.

Type B: Enclosed glass luminaire with 8foot or less up-sweep bracket mounted on 35-foot embedded base metal pole (steel pipe or tubular steel at project's option).

Type C: Enclosed glass luminaire with 14foot or less bracket mounted on wood pole carrying only street lighting equipment.

Type D: Enclosed glass luminaire with 14foot or less bracket mounted on wood pole carrying distribution circuits or other type pole paid for under another standard charge.

Type E: Open type units with 4-foot bracket mounted on wood pole carrying only street lighting equipment.

Type F: Open type unit with 4-foot bracket mounted on wood pole carrying distribution circuits.

Type G: Mercury vapor luminaire with 8-foot or less up-sweep bracket on 35-foot or 40-foot anchor base monotube or fluted steel pole.

Type H: Mercury vapor luminaire with 8foot or less up-sweep bracket mounted on 35-foot or 40-foot embedded base metal pole (steel pipe or tubular steel at project's option).

Type I: Mercury vapor luminaire with 14foot or less bracket mounted on wood pole carrying only street lighting equipment.

Type J: Mercury vapor luminaire with 14foot or less bracket mounted on wood pole carrying distribution circuits, or on other type pole paid for under another standard charge.

Type K: Sodium vapor luminaire with 14foot or less bracket mounted on wood pole.

Type L: (Park lighting) Enclosed glass luminaire with 4-foot up-sweep bracket mounted on 23-foot steel pipe pole, or similar type, subject to approval by project.

(2) Presently installed units which do not conform to the above types will be billed in accordance with the type which is most nearly like such units.

(3) The project will use diligence in maintaining service. Monthly bills will not be reduced on account of lamp outages.

(4) If the customer elects to be billed under the column headed "Investment Cost Provided by-Others in Rate B&C, it must install the system at its own expense in accordance with the projects specifications, or make a nonrefundable advance to cover the projects cost of installing the system. The project will maintain and operate the system.

(5) The project shall not be required to extend its street lighting more than 300 feet for each lighting installation. (R.S. 161, sec. 5, 43 Stat. 475, 45 Stat. 210, 211, 5 U.S.C. 22) [29 FR. 7093, May 29, 1964]

AUTHORITY: The provisions of this Part 242 issued under sec. 12 of the Act of August 18, 1958 (72 Stat. 619), as amended by the Act of August 11, 1964 (78 Stat. 390).

SOURCE: The provisions of this Part 242 appear at 30 F.R. 10099, Aug. 13, 1965, unless otherwise noted.

§ 242.1 Purpose and scope.

The purpose of this part is to provide policies and procedures governing distribution of the assets of rancherias and reservations lying wholly within the State of California.

§ 242.2 Definitions.

As used in this Part 242, terms shall have the meanings set forth in this section.

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Commissioner" means the Commissioner of Indian Affairs.

(c) "Director" means the Area Director, Bureau of Indian Affairs, Sacramento Area Office, Sacramento, Calif., or his authorized representative.

(d) "Adult Indian" means any Indian who is an adult under the laws of the State in which he is domiciled.

(e) "Distributee" means any Indian who is entitled to receive any assets of a rancheria or reservation under a plan prepared and approved pursuant to section 2 of the Act of August 18, 1958 (72 Stat. 619), as amended by the Act of August 11, 1964 (78 Stat. 390).

(f) "Dependent members,” as used in the phrase "dependent members of their immediate families," means all persons of Indian descent not sharing directly in the distribution of rancheria or reservation assets who: (1) Are related to the distributee by blood or adoption or by marriage, including common law or Indian custom marriage; (2) are domiciled in the household of the distributee; (3) are not members of any other tribe or band of Indians; and (4) receive more than one-half of their support from such distributee or for whose support a distributee is legally liable according to the laws of the State in which he is domiciled.

(g) "Formal assignment" means any privilege of use and/or occupancy of the real property of a rancheria or reservation which is evidenced by an instrument in writing.

(h) "Informal assignment" means any privilege of use and/or occupancy of the real property of a rancheria or reservation, not based on an instrument in writing.

(i) "Organized rancheria or reservation" means any tribe, band, or community of Indians conducting its affairs pursuant to an organic document containing membership criteria approved by the Secretary.

(j) "Unorganized rancheria or reservation" means any tribe, band, or community of Indians which does not have an organic document containing membership criteria approved by the Secretary.

§ 242.3 Requests for distribution.

(a) Unorganized rancheria or reservation. Upon receipt of a written request from an adult Indian or Indians of an unorganized rancheria or reservation for the distribution of the assets of the rancheria or reservation, the Director shall prepare a list of Indians in the following categories:

(1) Those who have allotments on the rancheria or reservation;

(2) Those who hold formal assignments;

(3) Those who reside on the rancheria or reservation pursuant to an informal assignment;

(4) Those not in the above categories who have resided for a period of at least three consecutive years immediately preceding receipt of the request as provided for in the introductory text of this paragraph, on the rancheria or reservation not set aside for a designated group of Indians.

(5) The dependent members of the immediate families of those Indians in subparagraphs (1), (2), (3), and (4) of this paragraph.

(b) Organized rancheria or reservation. Upon a formal request from the official governing body of the rancheria or reservation, the Director shall prepare a list of the members of such organized group in accordance with the criteria set forth in the approved organic document of the group.

(c) Eligibility to participate. The adults whose names appear on a list prepared in accordance with paragraph (a)

or (b) of this section shall constitute those persons eligible to vote on the issue of whether a distribution plan is to be developed. A list shall not include the name of any person who is a member of any Indian tribe, band, or community other than the one associated with the rancheria or reservation which has requested the distribution program.

(d) When the Director is satisfied that the list is complete, he shall publish it once weekly for 3 successive weeks in a local newspaper. Within 15 days after the date of the last publication of the list, anyone may protest in writing the omission of a name from the list or the inclusion of any name thereon. His written protest together with arguments to sustain it shall be presented to the Director who will render his decision, which shall be final. After all protests have been heard and have been duly disposed of, the Director shall hold an election on whether the distribution of rancheria or reservation assets shall be made. Except as otherwise provided in section 1 of the Act of August 18, 1958, as amended,1 if a majority of the eligible voters vote for distribution, a distribution plan shall be prepared in accordance with the applicable portions of this Part 242.

§ 242.4 Plan of distribution.

(a) The plan of distribution provided for in section 2 of the Act of August 18, 1958, as amended, shall be in writing and may be prepared by:

(1) Those adult Indians whose names appear on the final list as provided for in § 242.3; or

(2) By the governing body in the case of an organized rancheria or reservation;

or

(3) By the Secretary of the Interior after consultation with such Indians.

1 Sec. 1 of the Act of August 18, 1958 (72 Stat. 619), as amended makes mandatory the distribution of the land and assets of the following rancherias and reservations: Alexander Valley, Auburn, Big Sandy, Big Valley, Blue Lake, Buena Vista, Cache Creek, Chicken Ranch, Chico, Cloverdale, Cold Springs, Elk Valley, Guidiville, Graton, Greenville, Hopland, Indian Ranch, Lytton, Mark West, Middletown, Montgomery Creek, Mooretown, Nevada City, North Fork, Paskenta, Picayune, Pinoleville, Potter Valley, Quartz Valley, Redding, Redwood Valley, Robinson, Rohnerville, Ruffeys, Scotts Valley, Smith River, Strawberry Valley, Table Bluff, Table Mountain, Upper Lake, Wilton.

(b) The primary source of distributees shall be those persons whose names appear on the list prepared in accordance with § 242.3. Additional names may be added to the list upon the approval of a majority of the adults inIcluded on the original list referred to above: Provided, That no new name shall be added without the approval of the individual and of the Director. In the event of a per capita distribution of any rancheria or reservation funds, all persons whose names appear on the final list prepared pursuant to § 242.3, and all persons whose names have been added thereto, shall be entitled to participate. Any distribution plan must be approved by the Secretary before it is submitted to the adult distributees for approval. Such plan shall provide for a description of the assets and shall identify, by name and last known address, those persons to be distributees under the plan and the dependent member of their immediate families: Provided, That for the purpose of this section, any person who is a member of any other tribe or band of Indians shall not be considered a dependent member of a distributee's immediate family.

When the Secretary has approved a plan for the distribution of the assets of a rancheria or reservation, notice of the contents of such plan shall be given in the following manner:

(a) A copy of the plan shall be delivered in person or mailed to the last known address of those who participated in the drafting of the plan and the distributees named in the plan.

(b) A copy of the plan shall be delivered in person or mailed to the last known address of all other persons who have indicated by a letter addressed to the Director that they claim an interest in the assets of the rancheria or reservation involved.

(c) Posting a copy of the plan in a public place on the rancheria or reservation and in the post office serving the rancheria or reservation.

(d) Publication of the general contents of the plan once weekly for three successive weeks in one or more local newspapers.

§ 242.6 Objections to plan.

Any Indian who feels that he is unfairly treated in the proposed distribution of the assets of a rancheria or reser

vation as set forth in a plan prepared and approved in accordance with the regulations of this Part 242 may, within thirty (30) days after the date of last publication under § 242.5 (d), submit his views and arguments in writing to the Director. The Director shall act for persons who are minors or non compos mentis if he finds that such persons are unfairly treated in the proposed distribution of the assets. Such views and arguments shall be promptly forwarded by the Director for consideration by the Secretary.

After consideration by the Secretary of all views and arguments, a copy of the plan or a revision thereof and a notice of a referendum meeting shall be sent by certified mail, return receipt requested, to each distributee. Thereafter, the Secretary shall cause a referendum to be held at a general meeting of the distributees, at the time and place set forth in the notice of the meeting. Each adult Indian distributee may indicate acceptance or rejection of the plan by depositing his or her ballot in a ballot box at the meeting place or by mailing his or her ballot to the Director, in which case the envelope shall be clearly marked to identify the rancheria or reservation referendum for which the ballot is being submitted. All ballots which are mailed must be received by the Director at least 2 days before the date set for the referendum meeting. Ballots received thereafter shall not be accepted. At the close of the meeting all ballots shall be counted and if the plan is approved by a majority vote of the adult Indian distributees, it shall be effective on the date approved. Subject to modification as provided in § 242.8 the plan shall thereupon be put into effect and its provisions carried out as expeditiously as possible, including distribution of assets as therein provided.

§ 242.8 Modification of plan.

If after approval by the Secretary and the adult distributees it is determined by an appropriate resolution approved by a majority of the adult distributees that a plan of distribution is not in conformity with the wishes of the proposed distributees or that it contemplates acts or actions determined to be unfeasible and if modification of the plan of distribution is required to correct the cir