[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1378]
[[Page Unknown]]
[Federal Register: January 20, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 200
Organization, Functions, and Procedures; Land Status Records
System
AGENCY: Forest Service, USDA.
ACTION: Final rule, technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service adopted regulations establishing a Land
Status Records System on June 26, 1991 (56 FR 29181). Implementation of
these regulations has revealed that they may conflict with regulations
governing the Public Land Record System maintained by the Bureau of
Land Management, Department of the Interior. This notice clarifies that
the Land Status Record System is maintained by the Forest Service only
for those landownership records pertaining to land, or interests in
land, in the National Forest System.
EFFECTIVE DATE: This rule is effective January 20, 1994.
FOR FURTHER INFORMATION CONTACT: J. Kenneth Myers, Assistant Director,
Lands Staff, Forest Service, USDA, P.O. Box 96090, Washington, DC
20090-6090, (202) 453-9353.
SUPPLEMENTARY INFORMATION: On June 26, 1991, the Forest Service adopted
final regulations establishing a Land Status Records System (56 FR
29181). This system is the official, permanent repository for all
agency realty records and land title documents for National Forest
System lands. The system was established to comply with the statutory
direction set forth in the Transfer Act of February 1, 1905 (16 U.S.C.
472), the Weeks Act of March 1, 1911 (16 U.S.C. 521), Title III of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012), and supplemental
and amendatory acts. Collectively, these acts impose a duty upon the
Secretary of Agriculture to execute the laws affecting lands
permanently reserved, held, and administered as National Forests or for
National Forest purposes. In addition, the National Forest Management
Act of 1976 (16 U.S.C. 1600) requires that the Secretary of Agriculture
develop and maintain an appropriately detailed inventory of all
National Forest System lands and resources.
Following adoption of regulations establishing the Land Status
Records System, the Bureau of Land Management (BLM), Department of the
Interior, notified the Forest Service that the regulations may be in
conflict with those regulations at 43 CFR Part 1813 which establish a
Public Land Record System and designate the BLM as the official
repository for boundary survey and patent records of public domain
lands. In response to the concerns of the BLM and to ensure that the
role of the Land Status Record System is clearly defined, the Forest
Service is amending its regulations at 36 CFR 200.12.
The Forest Service does not intend that its Land Status Record
System be the only official depository for realty records and land
title documents for the National Forest System. It recognizes that the
BLM maintains a depository for public land records and that National
Forest System land records are a part of that record. The Forest
Service also recognizes that it must maintain a record system to have
readily accessible land ownership and title information in order to
properly manage National Forest System lands.
Thus, to clarify the respective responsibilities of the agencies in
maintaining land record systems, the Forest Service will amend its
regulations establishing the Land Status Record System. This is
accomplished by inserting the word ``agency'' at two locations in the
rule to distinguish the Forest Service Land Status Records System from
the Public Land Record System.
Therefore, this rule establishes and gives public notice that the
Forest Service Land Status Records System contains the official agency
records evidencing the landownership title, status, and jurisdiction
for all National Forest System lands. Information in the Land Status
Record system is complimentary to, and may be a summarization of, case
files and patent records in the Public Land Records maintained by the
BLM.
Environmental Impact
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180;
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes or
instructions.'' Based on the nature and scope of this rulemaking, the
Department has determined that this rule falls within this category of
actions and that no extraordinary circumstances exist which would
require preparation of an environmental assessment or environmental
impact statement.
Controlling Paperwork Burdens on the Public
This rule will not result in additional paperwork not already
required by law or not already approved for use. Therefore, the review
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507) and
implementing regulations at 5 CFR part 1320 do not apply.
Regulatory Impact
This final rule has been reviewed under USDA procedures and
Executive Order 12866 on Regulatory Planning and Review. It has been
determined that this is not a significant rule. This rule will not have
an annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor State or local governments. This rule will not interfere
with an action taken or planned by another agency nor raise new legal
or policy issues. Finally, this action will not alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients of such programs. Accordingly,
this final rule is not subject to OMB review under Executive Order
12866.
Moreover, this final rule has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), and it has been
determined that this action will not have a significant economic impact
on a substantial number of small entities as defined by that Act. This
rule imposes no requirements on the public.
Further, because this rule relates to internal agency management,
it is, pursuant to 5 U.S.C. 553, not necessary to provide prior notice
and opportunity to comment, and this rule may, therefore, be made
effective less than 30 days from publication in the Federal Register.
List of Subjects 36 CFR Part 200
Administrative practice and procedure, Freedom of information, and
Organization and functions (Government agencies).
Therefore, for the reasons set forth in the preamble, Part 200 of
chapter II of title 36 of the Code of Federal Regulations is hereby
amended as follows:
PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES
1. The authority citation for part 200 continues to read as
follows:
Authority: 5 U.S.C. 552; 16 U.S.C. 4721, 521, 1603.
2. Section 200.12 is amended by revising paragraphs (a)
introductory text and (a)(1)(ii) introductory text as follows:
Sec. 200.12 Land status and title records.
(a) Land Status Records System. The Land Status Records System is
the official, permanent repository for all agency realty records and
land title documents for National Forest System lands. It includes an
automated database which contains an accurate account of: acreage,
condition of title, administrative jurisdiction, rights held by the
United States, administrative and legal use restrictions, encumbrances,
and access rights on land or interests in land in the National Forest
System.
(1) * * *
(i) * * *
(ii) A master Land Status File, from which the agency data for the
Atlas is derived and which includes the following:
* * * * *
Dated: January 12, 1994.
J. Lamar Beasley,
Acting Chief.
[FR Doc. 94-1378 Filed 1-19-94; 8:45 am]
BILLING CODE 3410-11-M
