[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47853-47855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22702]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2090, 2110, and 2130
[WO-420-1050-00-24 1A]
RIN 1004-AC98
Gifts; Acquisition of Lands or Interest in Lands by Purchase or
Condemnation
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to remove
[[Page 47854]]
the regulations that explain the procedures for donating land to the
Department of the Interior, and those that describe the Department's
authority to acquire land by purchase or condemnation under the King
Range National Conservation Area Act. These regulations are either
statements of policy, internal procedures, or restatements of statutory
provisions. BLM believes, therefore, that they can be deleted without
having any substantive impact on the public.
DATES: Any comments must be received by BLM on or before October 11,
1996. Comments received after the above date will not necessarily be
considered in the decisionmaking process on the final rule.
ADDRESSES: If you wish to comment, you may hand-deliver 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 also may transmit comments electronically via the Internet
to WOCommentWO0033wp.wo.blm.gov. Please include ``attn:[D. Beaver, RIN
1004-AC ____]'' in your message. If you do not receive a confirmation
from the system that we have received your Internet message, contact us
directly. You will be able to review comments at BLM's Regulatory
Management Team office, Room 401, 1620 L St., NW, Washington, D.C.,
during regular business hours (7:45 a.m. to 4:15 p.m.) Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: David Beaver, Bureau of Land
Management, 1849 C Street, NW., Washington, DC 20240; Telephone: 202-
452-7788.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. 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
comment addresses. BLM will 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
This rule is part of an initiative that BLM is undertaking to make
its regulations more understandable and relevant. We are doing this by
limiting our regulatory material as much as possible to requirements
affecting the public in order to carry out our programs under the law.
Regulations that do not meet this test are removed and, if necessary,
placed in other more appropriate publications, such as manuals and
brochures. The regulations to be removed by this rule are repetitive of
statutory language, informational, or obsolete. BLM does not require
that these procedures any longer exist in the Code of Federal
Regulations.
III. Discussion of Proposed Rule
The provisions of 43 CFR part 2110, with the exception of Section
2111.4-Status of Lands, and 43 CFR part 2130 have no substantive
purpose and can be placed in the BLM manual or in other publications
readily available to the public. Subpart 2110 merely restates statutory
provisions found in various sections of the U.S. Code, including two
statutory sections that have been repealed. The only exception is the
purpose statement of subsection 2110.0-1, which provides statements of
policy concerning the Secretary's discretion to accept gifts of land.
Since its non-binding terms do not materially affect the public at
large, this provision will be removed in order to enhance flexible
decision-making. Subsection 2111.4 will be retained in 43 CFR subpart
2091; the remainder of 43 CFR subpart 2111 largely exists already in
the BLM Manual/Handbook (H-2101-1), and any aspect not already found in
the Manual/Handbook can be incorporated therein.
The provisions of 43 CFR part 2130 are unnecessary because they
either merely restate statutory language, or contain policy directives
which should be relocated to the BLM Manual/Handbook. Subpart 2130
consists entirely of restatements of the King Range National
Conservation Area Act, 16 U.S.C. 460y, concerning the authority of the
Secretary to purchase and condemn lands. Subpart 2137 contains two
policy statements that should be relocated to the BLM Manual/Handbook:
subsection 2137.0-7 concerns BLM's policy of appraising acquired
property, an internal procedure derived from 16 U.S.C. Sec. 460y-4(4);
and subsection 2137.0-9 concerns the BLM policy of resorting to eminent
domain as a last option. With the exception of 43 CFR 2111.4, which
this rule will relocate to part 2091, no portion of either part 2110 or
part 2130 contains any necessary substance which guides the public in
any meaningful way; rather, the regulations to be removed serve only to
guide BLM decisions, or no purpose at all. Therefore, removing and
relocating these sections as described above will streamline the Code
of Federal Regulations and enhance BLM's efficiency without materially
affecting the public.
IV. Procedural Matters
National Environmental Policy Act
The BLM has prepared an environmental assessment (EA), and has
found that the proposed 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). The BLM has placed the EA and the
Finding of No Significant Impact (FONSI) on file in the BLM
Administrative Record at the address specified previously. The BLM
invites the public to review these documents by contacting us at the
addresses listed above (see ADDRESSES), and suggests that anyone
wishing to submit comments in response to the EA and FONSI do so in
accordance with the Written Comments section above, or contact us
directly.
Paperwork Reduction Act
The proposed rule does not contain information collection
requirements which 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 (RFA), 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. BLM has determined under the RFA
that this proposed rule would not have a significant economic impact on
a substantial number of small entities.
Executive Order 12866
According to the criteria listed in section 3(f) of Executive Order
12866, BLM has determined that the proposed rule is not a significant
regulatory
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action. As such, the proposed rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Unfunded Mandates Reform Act
This rule will not result in any unfunded mandate to state, local
or tribal governments in the aggregate, or to the private sector, of
$100,000,000 or more in any one year.
Executive Order 12612
The proposed rule would not have sufficient federalism implications
to warrant BLM preparation of a Federalism Assessment.
Executive Order 12630
The proposed rule does not represent a government action capable of
interfering 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 proposed rule is to abolish unnecessary regulations, it does not
raise takings implications, or require further discussion under this
Executive 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.
Author. The principal author of this rule is David Beaver, Bureau
of Land Management, 1849 C Street, NW., Washington, DC 20240;
Telephone: 202-452-7788 (Commercial of FTS).
List of Subjects
43 CFR Part 2090
Airports, Alaska, Coal, Grazing lands, Indians-lands, Public lands,
Public lands-classification, Public lands-mineral resources, Public
lands-withdrawal, Seashores.
43 CFR Part 2110
Government Property, Public lands.
43 CFR Part 2130
Public lands.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, subchapter B, chapter II of title 43 of the Code of
Federal Regulations are amended as set forth below:
PART 2090--[AMENDED]
1.The authority for part 2090 is revised to read as follows:
Authority:16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641,
1201, 1624, 1740.
2. Newly redesignated 2091.8 is revised to read as follows:
Sec. 2091.8 Status of gift lands.
Upon acceptance by the United States, through the Secretary of the
Interior, of a deed of conveyance as a gift, the lands or interests so
conveyed will become property of the United States but will not become
subject to applicable land and mineral laws of this title unless and
until an order to that effect is issued by BLM.
PART 2110--GIFTS
Sec. 2111.4 [Redesignated Sec. 2091.8]
3. Section 2111.4 is redesignated as Sec. 2091.8 in subpart 2091.
PART 2110--[REMOVED]
4. Part 2110 is removed in its entirety.
PART 2130--[REMOVED]
5. Part 2130 is removed in its entirety.
Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22702 Filed 9-10-96; 8:45 am]
BILLING CODE 4310-84-M
