[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51376-51377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26005]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 5510
RIN 1004-AC92
Use by Settlers and Homesteaders of Timber on Their Pending
Claims and Free Use of Timber Upon Oil and Gas Leases
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule completely removes certain sections of Title
43, Code of Federal Regulations (CFR), which govern the free use of
timber on public lands and upon oil and gas leases. The rule also
removes cross references to these sections. These regulations are
obsolete and have not been used in many years. Removing them meets one
of the objectives of President Clinton's regulatory reform initiative--
to eliminate outdated and unnecessary regulations from the CFR.
EFFECTIVE DATE: October 31, 1997.
ADDRESSES: You may send inquiries or suggestions to: Director (630),
Bureau of Land Management, 1849 C Street, NW, Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT: Jeff Holdren, (202) 452-7779
(Commercial or FTS).
SUPPLEMENTARY INFORMATION:
Contents
I. Background and Discussion of Final Rule
II. Procedural Matters
I. Background and Discussion of Final Rule
Section 5511.1-2 of 43 CFR describes procedures that homesteaders
may use to obtain free use of timber on public lands. However, no
applications have been submitted to the Bureau of Land Management (BLM)
under this subpart for many years, principally because of two laws.
First, the Taylor Grazing Act of June 28, 1934, 43 U.S.C. 315-315r,
requires that lands be classified for the proposed use before occupancy
on the land is allowed. Secondly, section 702 of the Federal Land
Policy and Management Act of 1976, (90 Stat. 2787), repealed the
homestead laws which, in effect, rendered unnecessary the regulatory
requirements of Section 5511.1-2.
Similarly, the procedures under Section 5511.1-4, which lessees
must use to obtain free use of timber on oil and gas leases, are
outmoded. No applications under this subpart have been submitted to BLM
in many years, principally because oil and gas lessees no longer need
to use timber on their leases because they now have access to modern
industrial techniques.
Because Sections 5511.1-2 and 5511.1-4 are obsolete and have no
pending applications, the BLM published a proposed rule in the
September 13, 1996, Federal Register, 61 FR 48455, to completely remove
them from 43 CFR. The public was given a 30-day period in which to
submit comments on the proposed rule. BLM did not receive any comments.
BLM is making a conforming change to the final rule that will
remove the cross references to Sections 5511.1-2 and 5511-1-4 that
appear at 5511.2-1(a), 5511.2-5, and 5511.4(b)(2) in 43 CFR. In all
other respects, the final rule is the same as the proposed rule.
II. Procedural Matters
National Environmental Policy Act of 1969
BLM has prepared an environmental assessment (EA) and has found
that this rule would not constitute a major Federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). No environmental impact statement will be
prepared. BLM has placed the EA and the Finding of No Significant
Impact (FONSI) on file in the BLM Administrative Record, Room 401, 1620
L Street, NW, Washington, D.C. The notice of proposed rulemaking
inaccurately reported at 61 FR 48456 that the rule was categorically
excluded from the NEPA process.
Paperwork Reduction Act
This rule does not contain information collection requirements that
the Office of Management and Budget must approve under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, 5 U.S.C.
601 et seq., to ensure that Government regulations do not unnecessarily
or disproportionately burden small entities. The RFA requires a
regulatory flexibility analysis if a rule would have a significant
economic impact, either detrimental or beneficial, on a substantial
number of small entities. Based on the discussion in the preamble
above, that the rule merely removes redundant and unnecessary
requirements, BLM anticipates that this final rule will have no
significant impact on the public at large. Therefore,
[[Page 51377]]
BLM has determined under the RFA that this final rule will not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
Removal of sections 5511.1-2, 5511-1.4, 5511.2-1(a), 5511.2-5, and
5511-4(b)(2) of 43 CFR will not result in any unfunded mandate to
State, local or tribal governments in the aggregate, or to the private
sector, of $100 million or more in any one year.
Executive Order 12612
The final rule will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, BLM has determined that this proposed rule does not have
sufficient federalism implications to warrant preparation of a
Federalism assessment.
Executive Order 12630
The final rule does not represent a government action capable of
interference with constitutionally protected property rights. Section
2(a)(1) of Executive Order 12630 specifically exempts actions
abolishing regulations or modifying regulations in a way that lessens
interference with private property use from the definition of
``policies that have takings implications.'' Since the primary function
of the final rule is to abolish unnecessary regulations, there will be
no private property rights impaired as a result. Therefore, the
Department of the Interior has determined that the rule would not cause
a taking of private property, or require further discussion of takings
implications under this Executive Order.
Executive Order 12866
According to the criteria listed in section 3(f) of Executive Order
12866, BLM has determined that the final rule is not a significant
regulatory action. As such the final rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Executive Order 12988
The Department of the Interior has determined that this rule meets
the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform.
Report to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, BLM submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office before publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Author
The principal author of this final rule is Frances Watson,
Regulatory Affairs Group, Bureau of Land Management, 1849 C Street,
N.W., Room 401 LS, Washington, D.C. 20240; Telephone 202/452-5006.
List of Subjects in 43 CFR Part 5510
Forests and forest products, Public lands.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, Part 5510 of Title 43 of the Code of Federal
Regulations is amended as follows:
PART 5510--[AMENDED]
1. The authority citation for part 5510 continues to read as
follows:
Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat.
1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41
Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43
U.S.C. 1201, 30 U.S.C. 189.
Sec. 5511.1-2 [Removed]
2. Section 5511.1-2 is removed.
Sec. 5511.1-4 [Removed]
3. Section 5511.1-4 is removed.
Sec. 5511.2-1 [Amended]
4. Section 5511.2-1 is amended by removing paragraph (a) and
removing the paragraph designation (b).
Sec. 5511.2-5 [Removed]
5. Section 5511.2-5 is removed.
Sec. 5511.4 [Amended]
6. Section 5511.4 is amended by removing and reserving paragraph
(b)(2).
Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 97-26005 Filed 9-30-97; 8:45 am]
BILLING CODE 4310-84-P
