48776 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

individuals, or (4) aviation mishap 

investigation reports. 

[FR Doc. E9–23114 Filed 9–23–09; 8:45 am] 

BILLING CODE 4310–RM–P 

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. 

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, 

Robert_W_Dahl@blm.gov. 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). 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 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 foreignbased 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 constitutionallyprotected 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] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R7–R–2008–N0094; 70133–1265– 

0000–S3] 

Togiak National Wildlife Refuge, 

Dillingham, AK 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of Availability of the 

Revised Comprehensive Conservation 

Plan and Finding of No Significant 

Impact for the Environmental 

Assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) announce the 

availability of our Revised 

Comprehensive Conservation Plan 

(CCP) and Finding of No Significant 


srobinson on DSKHWCL6B1PROD with NOTICES