[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Notices]
[Pages 15005-15006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6816]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-350-1430-PE-01-24 1A]


Extension of Currently Approved Information Collection; OMB 
Approval Number 1004-0029

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 who submit a Color-of-Title Application (Form No. 2540-1) to 
apply for public lands under a color-of-title claim. The BLM uses the 
information to determine if the applicant is eligible to acquire public 
lands under the relevant statutes.

DATES: Comments on the proposed information collection must be received 
by May 19, 2000, 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: WOC[email protected]. Please 
include ``Attn: 1004-0029'' 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 am to 4:15 pm, Monday 
through Friday).

FOR FURTHER INFORMATION CONTACT: Alzata L. Ransom, Lands and Realty 
Group, 202-452-7772.

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 (45 Stat. 1069), as 
amended by the Act of July 28, 1953 (67 Stat. 227), (U.S.C. 1068-
1068b), was passed by Congress to provide for transferring legal title 
to the public lands from the United States to eligible individuals, 
groups, or corporations who have a valid color-of-title claim. The 
regulations in 43 CFR 2540 provide guidelines and procedures to file a 
color-of-title claim. These regulations were adopted on June 13, 1970 
(35 FR 9592).
    Any individual, group, or corporation who has evidence giving the 
appearance of having title to public lands which are administered by 
the BLM and legal title to the lands remains vested in the United 
States may file a color-of-title application with the BLM District 
Office where the lands are located.
    The two claims recognized by the Act are referred to as Class 1 and 
Class 2. A Class 1 claim is one which has been held in good faith and 
peaceful, adverse possession by a claimant, his ancestors or grantors, 
under claim or color-of-title for a minimum of 20 years, on which 
valuable improvements have been placed, or on which some part of the 
land has been reduced to cultivation under claim or color-of-title, and 
upon which the claimant or predecessors in interest have placed 
valuable improvements, or on which some part of the land has been 
reduced to cultivation. A Class 2 claim is one which has been held in 
good faith and 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. A claim is not held in good faith where held 
with knowledge that the land is owned by the United States. A claim is 
not held in peaceful, adverse possession where it was initiated while 
the land was withdrawn or reserved for federal purposes.
    The information collected on Color-of-Title Application Form No. 
2540-1 is required by the regulations in 43 CFR 2540 to process 
requests to acquire legal title to the public lands under the 
provisions of the Act of December 22, 1928, as amended by the Act of 
July 28, 1953. If you believe you have a valid color-of-title claim you 
may file an application with the BLM Office having responsibility for 
the public lands you desire to acquire legal to. The following 
information is collected on the form: (1) Applicant's name; (2) 
applicant's address; (3) applicant's area code and phone number; (4) 
legal description of the lands claimed; (5) type of application (class 
1, class 2, or both); (6) record titleholder declaration and 
explanation; (7) description and copy of the written document the title 
is based on (deed, will, court order, etc.); (8) date the applicant 
learned about the title problems; (9) source of information from which 
the applicant learned about the title problems; (10) name, address, and 
phone number of the title examiner and date of examination; (11) total 
purchase price of the property, estimated value of structural and 
cultural improvements on the date of purchase, estimated value of 
existing structural and cultural improvements added since the date of 
purchase, and the amount received for forest products sold since the 
date of purchase; (12) cultivation statement; (13) calendar years the 
lands have been cultivated, and the number of acres cultivated; (14) 
list of improvements to the property; (15) mineral estate information; 
(16) $10 filing fee; and (17) date of application, and signature of 
applicant.
    After receiving your application, BLM will analyze the information 
on your application, conduct an on-site field examination of the lands, 
and prepare reports. The BLM will approve your application if you meet 
the requirements of a Class 1 or Class 2

[[Page 15006]]

claim or reject your application if your do not meet the requirements 
of a Class 1 or Class 2 claim. Class 2 claims are discretionary and may 
be rejected if the public interest in retention of the lands clearly 
outweighs the interest of the applicant.
    The BLM estimates that approximately 37 applications (Form 2540-1) 
are received annually. Based on the BLM's experience in processing an 
application, it will take an average of 15 minutes for an applicant to 
supply the requested information. Based on the estimated 37 
applications the BLM receives annually and the average time of 15 
minutes it takes an applicant to supply the requested information, the 
total annual burden is collectively 9 hours.
    Any interested member of the public may request and obtain, without 
charge, a copy of Conveyances Affecting Color or Claim of Title Form 
2540-1 by contacting any BLM Office or the person identified under FOR 
FURTHER INFORMATION CONTACT.
    All responses to the notice will be summarized and included in the 
request for Office of Management and Budget approval. All comments will 
also become part of the public record.

    Dated: March 15, 2000.
Carole Smith,
BLM Information Collection Officer.
[FR Doc. 00-6816 Filed 3-17-00; 8:45 am]
BILLING CODE 4310-84-M