[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11861-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6903]
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DEPARTMENT OF THE INTERIOR
[WO-350-1430-01-24 1A]
Extension of Currently Approved Information Collection; OMB
Approval Number 1004-0012
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 States and
local government agencies, and from qualified nonprofit corporations
and associations, who seek to obtain public lands and benefits under
the Recreation and Public Purpose Act of 1926, for recreational and
public purposes. The BLM uses the information to determine if an
applicant meets the requirements of the Act.
DATES: Comments on the proposed information collection must be received
by May 21, 1996 to be considered.
ADDRESSES: Comments may be mailed to: Regulatory Management Team (420),
Bureau of Land Management, 1849 C Street NW., Room 401LS, Washington,
D.C. 20240.
Comments may be sent via Internet to: !WO140@attmail.com. Please
include ``Attn: 1004-0012'' and your name and address in your Internet
message.
Comments may be hand delivered to the Bureau of Land Management
Administrative Record, Room 401 L Street NW., Washington, D.C.
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: Alzata L. Ransom, Realty Use Group, at
(202) 452-7772.
SUPPLEMENTARY INFORMATION: In accordance with 5 CFR 1320.12(a), BLM is
required to provide 60-day notice in the Federal Register concerning a
collection of information contained in a published current rule 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 technological collection techniques or other
forms of information technology.
The Recreation and Public Purpose Act (R&PP), as amended (43 U.S.C.
869 et seq.), authorizes the Secretary of the Interior to lease or
convey certain public lands to States and local government agencies,
and to qualified nonprofit corporations and associations, for
recreational and public purposes under specified conditions. The
regulations in 43 CFR Part 2740 provide guidelines and procedures for
the lease or conveyance of public lands under the Act. The regulations
were last revised on July 23, 1992 (57 FR 32732).
The term ``public purpose'' means for the purpose of providing
facilities or services for the benefit of the public in connection
with, but not limited to, public health, safety, or welfare. Use of
lands or facilities for habitation, cultivation, trade, or
manufacturing is permissible only when necessary for and integral to,
i.e., essential part of, the public purpose.
The Act applies to all public lands, except lands within national
forests, national parks and monuments, national wildlife refuges,
Indian lands, and acquired lands. Revested Oregon and California
Railroad grant lands and
[[Page 11862]]
reconveyed Coos Bay Wagon Road grant lands in western Oregon may only
be leased to State and Federal instrumentalities and political
subdivisions and to municipal corporations.
Lease periods may be for any length, but shall not exceed 20 years
for nonprofit entities, and 25 years for Federal, State, and local
governmental entities. Leases are issued subject to appropriate
environmental and legal stipulations, and contain provisions for
compliance with: (a) Nondiscrimination based on race, color, sex, age,
religion, or national origin; (b) an approved plan of management and
development upon which the lease was considered and issued (Leases may
be canceled for nonuse or a use other than that for which the lease was
issued without prior consent of the BLM.); (c) under certain
conditions, the Federal Government may reserve the standing timber, use
of water, or place other limitations on the use of natural resources;
and (d) other reasonable stipulations as may be required as part of the
consideration for the moderate charge being made for land.
Patents issued under the Act convey a restricted title since they
contain provisions or clauses which, if not complied with, may result
in reversion of the title to the United States. These provisions are:
(a) Nondiscrimination clauses providing that the patentee may not
restrict or permit restriction of the use of the lands conveyed or
facilities thereon because of race, color, sex, age, religion, or
national origin; (b) a provision that, if the patentee or its successor
in interest attempts to transfer title or control over the land to
another, or the land is devoted to a use other that for which it was
conveyed without the consent of the BLM, title will revert to the
United States; (c) the patent will stipulate that the lands will be
used in perpetuity for the purposes for which they are acquired (The
lease or patent may stipulate that certain provisions of the
development program, including the management plan, may be subject to
review by the Secretary of the Interior or his delegate.); and (d) all
minerals will be reserved to the United States.
The information collected on Form 2740-1 is required by the
regulations in 43 CFR Subpart 2741 to process requests for public lands
under the provisions of the R&PP Act. Based on its reviews and
evaluation, the BLM may approve or disapprove any application in whole
or in part, or require its revision. The following information is
collected on the form: (a) Applicant's name and address (home and
business telephone number); (b) proposed use, and type of authorization
requested; (c) description of the proposed use of the land; (d) State
or political subdivision, and applicant's statutory authority to hold
lands for the purpose requested; (e) copy of the applicant's authority
to file the application and to take actions necessary to fulfill the
requirements of the R&PP Act; (f) applicant's compliance with
nondiscrimination as to access to the lands and facilities based on
race, color, religion, sex, age or national origin in accordance with
Title VI of the Civil Rights Act of 1964 (78 Stat. 241). In addition,
the form instructs the applicant to submit: (a) A copy of their
charter, a copy of their articles of incorporation, and a copy of their
authority to operate in the State where the lands applied for are
located; (b) a plan of development, use, and maintenance that includes
a statement of proposed use of the lands, description of the proposed
project, anticipated expenditure for development, source of funds to be
used for development, and a statement describing administration of the
tract; (c) maps showing the nature and location of facilities, land
ownership of the entire project, and access routes; (d) timetable for
development; and (e) explanation of proposed maintenance
responsibilities and procedures.
After receiving the form, BLM will: (a) Determine if the applicants
proposal is in conformance with land use planning, review land status
to determine if the lands are subject to application, and determine if
the application meets all requirements of the law and regulations; (b)
review the development and management plans to determine their adequacy
and effectiveness, and evaluate the construction schedule and estimated
financing to ensure they are realistic and practicable; (c) secure the
views of other agencies that may have an interest in the lands,
including State and local planning and zoning departments; (d) check
for the presence of unpatented mining claims (R&PP leases and
conveyances cannot be issued where mining claims are present, and if it
is necessary to determine the validity of a mining claim in order to
allow the lease, the cost of the determination will be the
responsibility of the applicant.); (e) conduct a field examination and
other investigations to gather information and data on the
environmental considerations and proper classification of the lands;
and (f) publish a notice to solicit views and comments from the public
concerning the proposal. Potential applicants should contact the
appropriate District Office of the BLM well in advance of the
anticipated submission of Form 2740-1. Early consultation with the BLM
is needed to familiarize a potential applicant with management
responsibilities, and terms and conditions which may be required in a
lease or conveyance.
BLM estimates that approximately 55 R&PP applications (Form 2740-1)
are received annually. Based on its experience administering this
program, BLM estimates it takes an average of 40 hours for a applicant
to supply the requested information. The estimate also includes the
time required for assembling the information, as well as the time of
clerical personnel, if needed. The information is collected once for
each application. Based on the number of applications BLM receives
annually and the average time it takes an applicant to supply the
requested information, the total annual burden is collectively 2,200
hours.
Any interested member of the public may request and obtain, without
charge, a copy of the R&PP application (Form 2740-1) by contacting the
person identified under FOR FURTHER INFORMATION CONTACT. All responses
to this 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 18, 1996.
Dr. Annetta L. Cheek,
Chief, Regulatory Management Team.
[FR Doc. 96-6903 Filed 3-21-96; 8:45 am]
BILLING CODE 4310-84-P
