[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Proposed Rules]
[Pages 58500-58501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2620
[WO-130-1820-00-24 1A]
RIN 1004-AC71
State Grants--Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to remove the
regulations at 43 CFR subpart 2627 addressing grants made to the State
of Alaska. This subpart restates statutory requirements and explains
how the State of Alaska files selection applications under the Alaska
Statehood Act and the Act of January 21, 1929 (University Grant). BLM
is proposing to remove 43 CFR 2627 because its provisions are outdated
and not necessary for program implementation.
DATES: Comments: Commenters must submit comments by January 14, 1997.
BLM will consider comments received or postmarked on or before this
date in the preparation of the final rule.
ADDRESSES: Comments: You may hand-deliver your comments to the Bureau
of Land Management, Administrative Record, Room 401, 1620 L St., NW.,
Washington, DC; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC
20240. You may transmit comments electronically via the Internet to:
WOComment@wo.blm.gov. Please include ``attn: AC71'' and your name and
address in your message. If you do not receive a conformation from the
system that we have received your Internet message, contact us
directly.
FOR FURTHER INFORMATION CONTACT: Erica Petacchi, Regulatory Management
Group, Bureau of Land Management, at (202) 452-5084.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background and Discussion of Rule
III. Procedural Matters
I. Public Comment Procedures
Written Comments
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the proposed rule, and should explain
the reason for any recommended change. Where possible, comments should
reference the specific section or paragraph of the proposal which the
commenter is addressing. BLM may not necessarily consider or include in
the Administrative Record for the final rule comments which BLM
receives after the close of the comment period (see DATES) or comments
delivered to an address other than those listed above (see ADDRESSES).
II. Background and Discussion of Rule
BLM proposes to remove 43 CFR 2627 because its provisions are no
longer necessary or useful, specifically:
1. A substantial portion of these regulations explain requirements
the State must follow when filing applications for land under the
Alaska Statehood Act. The time period for filing new applications under
the Alaska Statehood Act expired on January 3, 1994;
2. A substantial portion of these regulations simply restate the
provisions of the Alaska Statehood Act. Congress changed many
provisions of the Alaska Statehood Act in Section 906(e) of the Alaska
National Interest Lands Conservation Act, but the regulations were
never revised to reflect those changes;
[[Page 58501]]
3. The Alaska Statehood Act, as modified by the Alaska National
Interest Lands Conservation Act, contains sufficient detail for
processing State selection applications; and
4. The BLM's land transfer processes, including land transfers to
the State of Alaska, are being reviewed by a National Reinvention
Laboratory for the purpose of increasing efficiency and improving
customer service. New procedures will be written if the Laboratory
concludes there is a need for significant change in the way BLM
processes State selection applications.
The removal of the regulations would not be retroactive, and BLM
would replace the current regulations with a statement that:
(a) BLM will process applications filed by the State of Alaska
under the Alaska Statehood Act according to the regulations in
existence at the time of filing; and
(b) BLM will process applications filed by the State of Alaska
under the Act of January 21, 1929, according to the regulations in
existence at the time of filing, unless the State and BLM enter into a
subsequent exchange or agreement.
Also unaffected by the proposed removal of subpart 2627 are the
three sets of regulations referred to in current subpart 2627: 43 CFR
2620; 43 CFR 2094; and 43 CFR 1824.
III. Procedural Matters
National Environmental Policy Act
BLM has determined that this rule, which proposes to remove the
obsolete regulations at 43 CFR Part 2627, is a purely technical action.
Therefore, it is categorically excluded from environmental review under
section 102(2)(C) of the National Environmental Policy Act, pursuant to
516 Departmental Manual (DM), Chapter 2, Appendix I, Item 1.10, and
that the proposed rule does not meet any of the 10 criteria for
exceptions to categorical exclusion listed in 516 DM, Chapter 2,
Appendix 2. Pursuant to Council on Environmental Quality regulations
(40 CFR 1508.4) and the environmental policies and procedures of the
Department of the Interior, the term ``categorical exclusions'' means a
category of actions that do not individually or cumulatively have a
significant effect on the human environment and that have been found to
have no such effect in procedures adopted by a Federal agency and for
which neither an environmental assessment nor an environmental impact
statement is required.
Paperwork Reduction Act
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
Regulatory Flexibility Act
BLM has determined that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The rule
proposes to remove obsolete regulations concerning land selections by
the State of Alaska. There are no small entities affected by the
proposed rule.
Unfunded Mandates Reform Act
Removal of 43 CFR part 2627 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
This rule would not have sufficient federalism implications to
warrant BLM preparation of a Federalism Assessment.
Executive Order 12630
This rule does not represent a government action that interferes
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 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 this rule is not a significant
regulatory action. As such, the rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Executive Order 12988
The Department has determined that this rule meets the applicable
standards provided in sections 3(a) and 3(b)(2) of Executive Order
12988.
Author: The principal author of this rule is Olivia Short,
Bureau of Land Management, Regulatory Management Team, 1849 C Street
N.W., Washington, D.C. 20240; Telephone: (202) 452-0345 (Commercial
or FTS).
List of Subjects in 43 CFR Part 2620
Land Management Bureau; State Grants, Alaska; Public lands.
For the reasons stated above, and under the authority of 43 U.S.C.
1740, part 2620, Group 2600, Subchapter B, Chapter II of Title 43 of
the Code of Federal Regulations is proposed to be amended as set forth
below:
PART 2620--STATE GRANTS--[AMENDED]
1. The authority citation for part 2620 continues to read as
follows:
Authority: R.S. 2478; 43 U.S.C. 1201.
2. Subpart 2627 is revised to read as follows:
Subpart 2627--Alaska
Sec. 2627.1 The Bureau of Land Management will process applications
filed by the State of Alaska under the Alaska Statehood Act according
to the regulations in existence at the time of filing. The Bureau of
Land Management will process applications filed by the State of Alaska
under the Act of January 21, 1929, according to the regulations in
existence at the time of filing, unless the State and the Bureau of
Land Management enter into a subsequent exchange or agreement.
[See Code of Federal Regulations (CFR) for 43 CFR Chapter II,
revised as of October 1, 1995.]
Dated: November 7, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-29307 Filed 11-14-96; 8:45 am]
BILLING CODE 4310-84-P
