[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1378] [[Page Unknown]] [Federal Register: January 20, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 200 Organization, Functions, and Procedures; Land Status Records System AGENCY: Forest Service, USDA. ACTION: Final rule, technical amendment. ----------------------------------------------------------------------- SUMMARY: The Forest Service adopted regulations establishing a Land Status Records System on June 26, 1991 (56 FR 29181). Implementation of these regulations has revealed that they may conflict with regulations governing the Public Land Record System maintained by the Bureau of Land Management, Department of the Interior. This notice clarifies that the Land Status Record System is maintained by the Forest Service only for those landownership records pertaining to land, or interests in land, in the National Forest System. EFFECTIVE DATE: This rule is effective January 20, 1994. FOR FURTHER INFORMATION CONTACT: J. Kenneth Myers, Assistant Director, Lands Staff, Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090, (202) 453-9353. SUPPLEMENTARY INFORMATION: On June 26, 1991, the Forest Service adopted final regulations establishing a Land Status Records System (56 FR 29181). This system is the official, permanent repository for all agency realty records and land title documents for National Forest System lands. The system was established to comply with the statutory direction set forth in the Transfer Act of February 1, 1905 (16 U.S.C. 472), the Weeks Act of March 1, 1911 (16 U.S.C. 521), Title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012), and supplemental and amendatory acts. Collectively, these acts impose a duty upon the Secretary of Agriculture to execute the laws affecting lands permanently reserved, held, and administered as National Forests or for National Forest purposes. In addition, the National Forest Management Act of 1976 (16 U.S.C. 1600) requires that the Secretary of Agriculture develop and maintain an appropriately detailed inventory of all National Forest System lands and resources. Following adoption of regulations establishing the Land Status Records System, the Bureau of Land Management (BLM), Department of the Interior, notified the Forest Service that the regulations may be in conflict with those regulations at 43 CFR Part 1813 which establish a Public Land Record System and designate the BLM as the official repository for boundary survey and patent records of public domain lands. In response to the concerns of the BLM and to ensure that the role of the Land Status Record System is clearly defined, the Forest Service is amending its regulations at 36 CFR 200.12. The Forest Service does not intend that its Land Status Record System be the only official depository for realty records and land title documents for the National Forest System. It recognizes that the BLM maintains a depository for public land records and that National Forest System land records are a part of that record. The Forest Service also recognizes that it must maintain a record system to have readily accessible land ownership and title information in order to properly manage National Forest System lands. Thus, to clarify the respective responsibilities of the agencies in maintaining land record systems, the Forest Service will amend its regulations establishing the Land Status Record System. This is accomplished by inserting the word ``agency'' at two locations in the rule to distinguish the Forest Service Land Status Records System from the Public Land Record System. Therefore, this rule establishes and gives public notice that the Forest Service Land Status Records System contains the official agency records evidencing the landownership title, status, and jurisdiction for all National Forest System lands. Information in the Land Status Record system is complimentary to, and may be a summarization of, case files and patent records in the Public Land Records maintained by the BLM. Environmental Impact Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180; September 18, 1992) excludes from documentation in an environmental assessment or impact statement ``rules, regulations, or policies to establish Service-wide administrative procedures, program processes or instructions.'' Based on the nature and scope of this rulemaking, the Department has determined that this rule falls within this category of actions and that no extraordinary circumstances exist which would require preparation of an environmental assessment or environmental impact statement. Controlling Paperwork Burdens on the Public This rule will not result in additional paperwork not already required by law or not already approved for use. Therefore, the review provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507) and implementing regulations at 5 CFR part 1320 do not apply. Regulatory Impact This final rule has been reviewed under USDA procedures and Executive Order 12866 on Regulatory Planning and Review. It has been determined that this is not a significant rule. This rule will not have an annual effect of $100 million or more on the economy nor adversely affect productivity, competition, jobs, the environment, public health or safety, nor State or local governments. This rule will not interfere with an action taken or planned by another agency nor raise new legal or policy issues. Finally, this action will not alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients of such programs. Accordingly, this final rule is not subject to OMB review under Executive Order 12866. Moreover, this final rule has been considered in light of the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), and it has been determined that this action will not have a significant economic impact on a substantial number of small entities as defined by that Act. This rule imposes no requirements on the public. Further, because this rule relates to internal agency management, it is, pursuant to 5 U.S.C. 553, not necessary to provide prior notice and opportunity to comment, and this rule may, therefore, be made effective less than 30 days from publication in the Federal Register. List of Subjects 36 CFR Part 200 Administrative practice and procedure, Freedom of information, and Organization and functions (Government agencies). Therefore, for the reasons set forth in the preamble, Part 200 of chapter II of title 36 of the Code of Federal Regulations is hereby amended as follows: PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES 1. The authority citation for part 200 continues to read as follows: Authority: 5 U.S.C. 552; 16 U.S.C. 4721, 521, 1603. 2. Section 200.12 is amended by revising paragraphs (a) introductory text and (a)(1)(ii) introductory text as follows: Sec. 200.12 Land status and title records. (a) Land Status Records System. The Land Status Records System is the official, permanent repository for all agency realty records and land title documents for National Forest System lands. It includes an automated database which contains an accurate account of: acreage, condition of title, administrative jurisdiction, rights held by the United States, administrative and legal use restrictions, encumbrances, and access rights on land or interests in land in the National Forest System. (1) * * * (i) * * * (ii) A master Land Status File, from which the agency data for the Atlas is derived and which includes the following: * * * * * Dated: January 12, 1994. J. Lamar Beasley, Acting Chief. [FR Doc. 94-1378 Filed 1-19-94; 8:45 am] BILLING CODE 3410-11-M