[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Notices]
[Page 13515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7323]



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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-350-1430-00]


Extension of Currently Approved Information Collection; OMB 
Approval Number 1004-0011

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Bureau of Land Management (BLM) is announcing its intention to request 
extension of approval for the collection of information from those 
persons seeking to acquire title to public land under the color-of-
title authority as a Class 2 claim. The BLM collects information to 
assure that statutory requirements for conveyance of title under the 
Color-of-Title Act have been met.

DATES: Comments on the proposed information collection must be received 
by May 28, 1996, to be considered.

ADDRESSES: Comments may be mailed to: Regulatory Management Team (420), 
Bureau of Land Management, 1849 C Street NW, Room 401 LS, Washington, 
D.C. 20240.
    Comments may be sent via Internet to: !WO[email protected]. Please 
include ``Attn:1004-0011'' and your name and return address in your 
Internet address.
    Comments may be hand delivered to the Bureau of Land Management 
Administrative Record, Room 401, L Street NW, Washington, D.C. 20036.
    Comments will be available for public review at the L Street 
address during regular business hours (7:45 a.m. to 4:15 p.m., Monday 
through Friday).

FOR FURTHER INFORMATION CONTACT: Vanessa R. Engle, Realty Use Group, 
202-452-7776.

SUPPLEMENTARY INFORMATION: In accordance with 5 CFR 1320.12(a), the BLM 
is required to provide 60-day notice in the Federal Register concerning 
a collection of information contained in published current rules to 
solicit comments on (a) whether the proposed collection of information 
is necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (b) the 
accuracy of the agency's estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used; (c) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (d) ways to minimize 
the burden of the collection of information on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    The Color-of-Title Act of December 22, 1928, as amended (43 U.S.C. 
1068, 1068a, 1068b), provides for the issuance of a land patent (deed) 
to eligible individuals, groups, or corporations who believe they have 
a valid claim to public lands under color-of-title. The information 
collected on Color-of-Title Tax Levy and Payment Record Form 2540-3, is 
required by Departmental regulations 43 CFR 2541.2 for all applicants 
who initiate a Class 2 claim. These regulations were adopted on June 
13, 1970 (35 FR 9592).
    A claim of Class 2 is one which has been held in good faith and in 
peaceful, adverse possession by a claimant, his ancestors, or grantors, 
under claim or color of title for the period commencing not later than 
January 1, 1901, to the date of application, during which time they 
have paid taxes levied on the land by State and local governmental 
units.
    Any individual seeking to acquire a title to public land under the 
color-of-title authority must make application and provide information 
essential to compliance with law, regulations, and procedures. The 
evidence needed to determine property rights through color-of-title 
regulations for a Class 2 claim is proof of payment of taxes levied on 
the property claimed by the applicant. Without this proof of payment, 
the BLM cannot finalize the claim.
    Form 2540-3 may be submitted in person or by mail to the proper BLM 
office. The following is an explanation of specific items of 
information requested on Color-of-Title Tax Levy and Payment Record 
Form 2540-3, pursuant to 43 CFR 2541.2(4)(c)(2): (1) the name of 
applicant is needed to identify the person/entity filing a claim; (2) 
the legal description of the claimed land must be listed as recorded in 
public records of the county concerned; (3) tax payment information 
including the certification of the data on tax year, payor of the tax, 
and the amount of tax is necessary information to legally qualify the 
applicant to receive a property right from the Federal government; and 
(4) certification from the public official administering the county tax 
records or a certified abstracter must be provided to determine the 
validity of the application.
    Response is mandatory if the color-of-title claimant wishes to 
obtain the benefits of the statute and gain clear title to his claimed 
property. Failure to provide the necessary information results in the 
rejection of the color-of-title application. If the information on 
Color-of-Title Tax Levy and Payment Record Form 2540-3 was not 
collected, BLM would be unable to carry out the mandate of the Color-
of-Title Act and the responsibilities for implementing 43 CFR 2540 and 
2541. Form 2540-3 requires only the minimal information necessary to 
determine claim validity.
    Based on its experience processing Color-of-Title applications, BLM 
estimates the public reporting burden for completing Color-of-Title Tax 
Levy and Payment Record Form 2540-3 is one hour. BLM estimates that 
approximately 37 Color-of-Title applications will be filed annually for 
a total annual burden of 37 hours.
    Any interested member of the public may request and obtain, without 
charge, a copy of Color-of-Title Tax Levy and Payment Form 2540-3 by 
contacting any BLM Office or the person identified under FOR FURTHER 
INFORMATION CONTACT.
    BLM will summarize all responses to this notice and include them in 
the request for Office of Management and Budget approval. All comments 
will also become part of the public record.

    Dated: March 21, 1996.
Annetta L. Cheek,
Chief, Regulatory Management Team.
[FR Doc. 96-7323 Filed 3-26-96; 8:45 am]
BILLING CODE 4310-84-P