[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