[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Pages 48776-48777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23216]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWO350000.L14200000]


Cadastral Survey: Notice of Availability of the Next Edition of 
the Manual of Surveying Instructions

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Availability.

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SUMMARY: This notice announces the availability of the Bureau of Land 
Management's (BLM) 2009 edition of the Manual of Surveying Instructions 
(Manual) to support implementation of the policy, responsibility, 
coordination, and procedures the BLM uses to conduct official surveys 
of Federal lands and ownership interests delineated on the ground and 
described in the official records of the United States.

DATES: You may submit written comments on the Manual within 90 days 
following the date this Notice of Availability is published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Robert W. Dahl, Cadastral Surveyor, 
(202) 912-7344, [email protected]. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during business hours. The FIRS is available 24 hours a day, 
seven days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

ADDRESSES: You may submit comments by any of the following methods:
    Fax: (202) 452-7708.
    Mail: U.S. Department of the Interior, Director (350), Bureau of 
Land Management, Mail Stop 1000 LS, 1849 C St., NW., Attention: AD300, 
Washington, DC 20240.
    Personal or messenger delivery: 1620 L Street, NW., Room 1000, 
Washington, DC 20036.

SUPPLEMENTARY INFORMATION:

Background

    The Congress of the Confederation established the Public Land 
Survey System (PLSS) in 1785, under which our nation's public and 
private lands were systematically surveyed into the townships and 
sections we know today. Congress saw land surveys as a way to raise 
revenue for a cash-strapped nation and as necessary to bring order and 
to allow lands to be subdivided and sold to settlers and land 
speculators. The PLSS has formed the framework for all land title, both 
public and private, in all States except those formed from the 
territory of the original 13 colonies, Texas, and Hawaii.
    The predecessor to the BLM, the General Land Office, first created 
the Manual of Surveying Instructions in 1855. Over the years, the 
Manual has become the standard by which 256 Federal Authority 
Surveyors, 278 Certified Federal Surveyors, and some 50,000 private 
surveyors adhere to in conducting surveys on the PLSS. All 50 States 
use the Manual for testing and licensing professional surveyors. The 
American Bar Association, and real estate and title insurance 
industries also look to the Manual for guidance.

Discussion of the Notice

    This notice announces the availability of the 2009 edition of the 
Manual for use on surveys and resurveys of the official boundaries of 
all Federal lands and ownership interests authorized or approved by the 
BLM. The Manual provides instructions, supplemental information, 
guidance and examples to assure consistency with the Department of the 
Interior's Departmental Manual; the Federal Geographic Data Committee's 
Subcommittee on Cadastral Data's Cadastral Data Content Standard for 
the National Spatial Data Infrastructure; and the Office of Management 
and Budget's Circular No. A-16 revised, Coordination of Geographic 
Information and Related Spatial Data Activities. The Manual was last 
updated in 1973 and the 2009 edition is necessary to update the 
information and to reflect current BLM instructions and guidance. The 
public can review the 1973 edition on the BLM Web site at http://www.blm.gov/wo/st/en/prog/more/cadastralsurvey/tools.html. The 2009 
edition of the Manual can be obtained through the Public Land Survey 
System Foundation Web site at http://www.blmsurveymanual.org. The 
Manual is based upon current law, regulation, policy, and procedures. 
The Manual reflects policy but is not a rulemaking. The Manual compiles 
in one document the updates to the law, regulation, policy, and 
procedures of surveying and boundaries as they have developed since 
1973. The 2009 edition of the Manual is also designed to make the 
cadastral survey process more efficient, avoiding redundant or 
unnecessary recordkeeping. The 2009 edition includes updates to clarify 
definitions and incorporate new Departmental requirements and Interior 
Board of Land Appeals, Interior Board of Indian Appeals, and judicial 
decisions.

Written Comments

    The public is welcome to review and comment on the Manual. Since 
today's publication is a notice of BLM's issuance of guidance, no 
formal comment period will occur. Therefore, BLM has no obligation to 
respond to or address comments from the public. If you choose to submit 
comments, please confine such comments to issues pertinent to the 
Manual itself, and explain the reasons for any recommended changes. 
Where possible, please reference the specific section or paragraph of 
the Manual which you are addressing. Before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comment, you should be aware that your entire comment, 
including your personal identifying information, may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Procedural Requirements

    Although the Manual is not a rulemaking, we have addressed the 
various procedural requirements that are generally applicable to 
proposed and final rulemaking.

Procedural Matters

Regulatory Planning and Review (Executive Order 12866)

    Under Executive Order 12866, it has been determined that this 
action is the implementation of policy and procedures applicable only 
to the Federal Government and not a significant regulatory action. 
These policies and procedures would not impose a compliance burden on 
the general economy.

Administrative Procedure Act

    The Manual is not subject to prior notice and opportunity to 
comment under the Administrative Procedure Act because it is not 
rulemaking; rather, it contains internal Department of Interior 
guidance. It is exempt from notice and comment because it constitutes 
general instructions of policy and procedures, 5 U.S.C. 553(b)(A).

[[Page 48777]]

The Regulatory Flexibility Act

    The Manual is not subject to notice and comment under the 
Administrative Procedure Act, and, therefore, is not subject to the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq. The Manual provides the BLM with instruction and information 
under the authority of the Secretary of the Interior and does not 
compel any other party to conduct any action.

Small Business Regulatory Enforcement Fairness Act

    This Manual is not a ``major rule'' as defined at 5 U.S.C. 804(2). 
That is, the manual will not have an annual effect on the economy of 
$100 million or more; it will not result in major cost or price 
increases for consumers, industries, government agencies, or regions; 
and it will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act, 2 U.S.C. 1501, 
et seq., the Manual will not significantly or uniquely affect small 
governments. A Small Government Agency Plan is not required. The Manual 
does not require any additional management responsibilities. Further, 
it is not a significant regulatory action under the Unfunded Mandates 
Reform Act because the Manual will not produce a Federal mandate of 
$100 million or greater in any year. These policies and procedures are 
not expected to have significant economic impacts nor will they impose 
any unfunded mandates on other Federal, State, or local government 
agencies to carry out specific activities.

Federalism, Executive Order 13132

    In accordance with Executive Order 13132, the Manual does not have 
significant Federalism effects, and therefore, a Federalism assessment 
is not required. The policies and procedures will not have substantial 
direct effects on the States, on the relationship between the Federal 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. No intrusion 
on State policy or administration is expected; roles or 
responsibilities of Federal or State governments will not change; and 
fiscal capacity will not be substantially, directly affected. 
Therefore, the Manual does not have significant effects on or 
implications for Federalism.

Paperwork Reduction Act of 1995

    The Manual does not require information collection as defined under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Therefore, the 
Manual does not constitute a new information collection system 
requiring Office of Management and Budget (OMB) approval.

National Environmental Policy Act (NEPA)

    The BLM has determined that this 2009 edition of the Manual 
consists of general instructions of policy and procedure regarding the 
conduct of official surveys of Federal lands and ownership interests 
delineated on the ground and described in the official records of the 
United States. The BLM has developed the Manual in accordance with the 
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et 
seq., Council on Environmental Quality (CEQ) regulations, 40 CFR parts 
1500-1508, and the Department of the Interior procedures for 
implementing NEPA, at 43 CFR part 46. The CEQ regulations at 40 CFR 
1508.4 define a ``categorical exclusion'' as a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. The BLM has determined that the Manual is 
categorically excluded from further environmental analysis under NEPA 
in accordance with 43 CFR 46.210(i), which categorically excludes 
``[p]olicies, directives, regulations and guidelines: that are of an 
administrative, financial, legal, technical, or procedural nature * * 
*.'' In addition, the BLM has determined that none of the extraordinary 
circumstances listed in 43 CFR 46.215 applies to the Manual.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, and 512 DM 2, the BLM has 
assessed the Manual's impact on Tribal trust resources and has 
determined that it does not directly affect Tribal resources since it 
describes the Department's procedures compliant with extant law, 
regulation, policy, and procedures for surveys and resurveys.

Effects on the Nation's Energy Supply (Executive Order 13211)

    Executive Order 13211, requires a Statement of Energy Effects for 
significant energy actions. Significant energy actions are actions 
normally published in the Federal Register that lead to the 
promulgation of a final rule or regulation and may have any adverse 
effects on energy supply, distribution, or use. We have explained above 
that the Manual provides the BLM with instruction and information under 
the authority of the Secretary of the Interior and does not compel any 
other party to conduct any action. This Manual is not a rulemaking; and 
therefore, not subject to Executive Order 13211.

Actions To Expedite Energy-Related Projects (Executive Order 13212)

    Executive Order 13212 requires agencies to expedite energy-related 
projects by streamlining internal processes while maintaining safety, 
public health, and environmental protections. Today's publication is in 
conformance with this requirement as it maintains streamlined processes 
and may enhance certainty as to the location of energy-related project 
boundaries.

Takings Implication Assessment (Executive Order 12630)

    In accordance with Executive Order 12630, the Department has 
reviewed today's notice to determine whether it would interfere with 
constitutionally-protected property rights. The Secretary of the 
Interior shall not execute a resurvey as to impair the bona fide rights 
or claims of any claimant, entryman, or owner of lands affected by such 
resurvey, 43 U.S.C. 772. The Manual describes how cadastral surveys are 
to be made in conformance with statutory law and its judicial 
interpretation and does not compel any other party to conduct any 
action.

    Dated: September 8, 2009.
Robert V. Abbey,
Director, Bureau of Land Management.
[FR Doc. E9-23216 Filed 9-22-09; 4:15 pm]
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