[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52185-52186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26139]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 2780
[WO-340-1220-00-24 1A]
RIN 1004-AC53
Special Areas: State Irrigation Districts
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Land Management (BLM) is removing 43 CFR part
2780, regulations concerning the establishment and operation of state
irrigation districts, from the Code of Federal Regulations. BLM
believes these regulations are obsolete because there is only one
record in BLM of their use in the last 40 years. As a result, removing
these items will have no impact on BLM customers or the public at
large.
DATES: Effective October 1, 1998.
ADDRESS: You may send inquiries or suggestions to: Director (630),
Bureau of Land Management, 1849 C Street, N.W., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Jeff Holdren, Bureau of Land
Management, Lands and Realty Group, 1849 C Street, N.W., Washington, DC
20240; Telephone: 202-452-7779.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion of Final Rule as Adopted
II. Responses to Comments
III. Procedural Matters
I. Background and Discussion of Final Rule as Adopted
This final rule removes 43 CFR part 2780, Special Areas: State
Irrigation Districts, from the Code of Federal Regulations. The
regulations in part 2780 implement the Act of August 11, 1916, entitled
``An Act to Promote the Reclamation of Arid Lands,'' 43 U.S.C. 621 et
seq. Part 2780 was originally issued as Circular Number 592 on March 6,
1918, and has existed in similar form since modified in 1922 to
accommodate amendments to the Act. These regulations describe the
procedures a state irrigation district uses to apply for secretarial
approval of an irrigation plan. If an application is approved, all
unentered public lands within the state irrigation district, and
entered lands for which no certificate has been issued, are subject to
the same provisions of State law relating to the reclamation of arid
lands for agricultural purposes as those which apply to private lands
within the district. Such lands are subject to a lien for all taxes and
assessments lawfully levied by the district on unpatented land. The
district also has the right to sell land that was entered at the time
of a tax levy for nonpayment of tax.
We have only one record at BLM of any activity in this program
during the last 40 years, occurring in 1971. We accessed our online
case recordation system and found no other record of any recent case
activity. We also searched a legal data base and found that the last
time the statute or implementing regulation was cited in a reported
civil case was in 1948. The program's inactivity and absence of civil
case citations indicate that this regulation may be obsolete.
Furthermore, we believe that the regulations are impractical to
administer due to the scarcity of water in public land states for
agricultural purposes. For these reasons, we believe that continued
publication of 43 CFR part 2780 is unnecessary and contrary to the
public interest.
The final rule published today is a stage of a rulemaking process
that culminates in the removal of 43 CFR part 2780. This rule was
preceded by a proposed rule which introduced this action and BLM's
purpose and need. The proposed rule was published in the Federal
Register on September 13, 1996 (61 FR 48454). This proposed rule was
intended to give anyone who would be adversely affected by this action
an opportunity to call their concerns to our attention. The BLM invited
public comments for 30 days, and received only one comment.
II. Responses to Comments
BLM received one comment from a citizen in Arizona, asking that BLM
extend the comment period for 90 days and send the rule and any related
information to a wide variety of people, organizations and government
entities, so as to solicit the highest level of input. BLM declines to
act on this suggestion. The commenter raises a valid point, which is
that BLM should try to solicit the most thorough level of public
comment for each rulemaking effort. However, in situations such as this
where regulations are being removed because they are obsolete, BLM
feels, based on our experience, that additional outreach will not
generate any
[[Page 52186]]
additional comments. Public interest in rulemaking actions which
threaten little or no substantive impact tends to be extremely low, and
BLM feels the benefits of largely ineffective outreach actions are
outweighed by the public's interest in timely and efficient execution
of the Regulatory Reform Initiative of 1993, which requires each agency
to eliminate obsolete regulations, among other things.
III. Procedural Matters
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the final 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, 42
U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of No
Significant Impact (FONSI) on file in the BLM Administrative Record.
BLM invites the public to review these documents by contacting us at
the addresses listed above (see ADDRESSES).
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 (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. Based on the discussion contained
in this preamble above, this action will not have a significant impact
on small entities. Because it is limited to removing provisions
pertaining to a program that BLM believes is obsolete, we anticipate
that this final rule will not substantially burden any member of the
public at large. Therefore, BLM has determined under the RFA that this
final rule would not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act
Removal of 43 CFR part 2780 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 final 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
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 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.
Author. The principal author of this final rule is Christopher
Fontecchio, Regulatory Affairs Group, Bureau of Land Management, 1849 C
Street, NW, Washington, DC 20240; Telephone 202/273-3448.
List of Subjects for 43 CFR Part 2780
Irrigation, Public Lands--Sale, Reclamation.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, part 2780, Group 2700, Subchapter B, Chapter II of
Title 43 of the Code of Federal Regulations is amended as set forth
below:
PART 2780--[REMOVED]
1. Part 2780 is removed in its entirety.
Dated: September 22, 1998.
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 98-26139 Filed 9-29-98; 8:45 am]
BILLING CODE 4310-84-P
