[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Rules and Regulations]
[Pages 52034-52036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26457]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 2090, 2110, and 2130
[WO-130-1820-00-24 1A]
RIN 1004-AC98
Gifts; Acquisition of Lands or Interest in Lands by Purchase or
Condemnation
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: BLM is removing 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 that these
regulations can be removed without any substantive impact on the
public.
EFFECTIVE DATE: November 5, 1997.
ADDRESS: You may send inquiries or suggestions to: Director (630),
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Erica Petacchi, telephone: 202-452-
5084; or David Beaver, telephone: 202-452-7788.
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Rule as Adopted
III. Responses to Comments
IV. Procedural Matters
I. Background
The final rule published today is a stage of a rulemaking process
that will conclude in the removal of the regulations in 43 CFR parts
2110 and 2130. This rule finalizes a proposed rule that was published
on September 11, 1996, in the Federal Register at 61 FR 47853. The rule
provided for a comment period of 30 days, and BLM received no comments
from the public.
This final rule is part of BLM's efforts to streamline its
regulations in the Code of Federal Regulations (CFR). BLM is removing
unnecessary or obsolete regulations, and making the remainder of its
regulations more understandable and relevant. The regulations this rule
removes are repetitive of statutory language, obsolete, or merely
informational. These regulations belong not in the CFR, but in other
publications such as manuals or brochures.
II. Final Rule as Adopted
The final rule will remove the regulations in 43 CFR parts 2110 and
2130, with the exception of section 2111.4--Status of Lands, which will
be relocated in subpart 2091.
Subpart 2110--Gifts; General
Most of subpart 2110 merely restates statutory provisions found in
various sections of the U.S. Code, including two repealed sections.
Section 2110.0-3(a) repeats language from the Taylor Grazing Act at 43
U.S.C. 315g. Section 2110.0-3(b) repeats language from the Public Land
Administration Act at 43
[[Page 52035]]
U.S.C. 1364. Section 2110.0-3(c) repeats language from the King Range
Conservation Area Act at 16 U.S.C. 460y. Section 2110.0-3(d) repeats
language from the Wild and Scenic Rivers Act at 16 U.S.C. 1277(f).
The only section in subpart 2110 that does not merely repeat
statutory language is Sec. 2110.0-1, which states the policy concerning
the Secretary of the Interior's discretion to accept gifts of land.
Since the non-binding terms of this section do not materially affect
the public at large, we are removing this provision to enhance flexible
decision-making.
Subpart 2111--Procedures
We will retain Sec. 2111.4 in 43 CFR subpart 2091, but we are
removing the remainder of subpart 2111. Most of the text in subpart
2111 already exists in the BLM Manual/Handbook (H-2101-1), and any
aspect not already found in the Manual/Handbook can be incorporated in
that publication.
Part 2130--Acquisition of Lands or Interests in Lands by Purchase or
Condemnation
The provisions of 43 CFR part 2130 are unnecessary because they
either merely restate statutory language of the King Range Conservation
Area Act at 16 U.S.C. 460y, or contain policy directives which should
be relocated to the BLM Manual/Handbook.
Subpart 2130--Acquisition of Lands or Interests in Lands by Purchase or
Condemnation: General
Subpart 2130 consists entirely of restatements of the King Range
Conservation Area Act, 16 U.S.C. 460y, concerning the authority of the
Secretary to purchase and condemn lands.
Subpart 2137--Condemnation of Lands or Interests in Lands
Subpart 2137 contains two policy statements that should be
relocated to the BLM Manual/Handbook: Sec. 2137.0-7 concerns BLM's
policy of appraising acquired property, an internal procedure derived
from 16 U.S.C. 460y-4(4); and Sec. 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 subpart 2091, no portion of either part 2110 or part 2130 contains
any necessary substance to guide the public in any meaningful way. The
language being removed serves only to guide BLM decisions, or serves no
purpose at all. Removing and relocating these sections as described
above will streamline the CFR and enhance BLM's efficiency without
affecting the public.
III. Responses to Comments
BLM received no comments from the public, and is therefore adopting
the proposed rule without changes.
IV. Procedural Matters
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the 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 at the address specified
previously. BLM invites the public to review these documents by
contacting us at the addresses listed above (see ADDRESSES).
Paperwork Reduction Act
This rule contains no 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 analysis contained in this preamble, BLM concludes the
rule will not impact the public or small entities because the substance
of the regulations only provides guidance to BLM regarding procedures
for accepting gifts of land, and acquiring land by purchase or
condemnation under the King Range National Conservation Area Act.
Because the regulations to be removed do not provide any guidance or
mandates to the public, BLM anticipates that the final rule will have
no significant impact on 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 parts 2110 and 2130 and the relocation of
Sec. 2111.4 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 rule is Erica Petacchi, Bureau of Land
Management, 1849 C Street, NW., Room 401LS, Washington, DC 20240;
Telephone: 202-452-5084 (Commercial or FTS).
List of Subjects
43 CFR Part 2090
Airports, Alaska, Coal, Grazing lands, Indians--lands, Public
lands, Public lands--classification, Public lands--
[[Page 52036]]
mineral resources, Public lands--withdrawal, Seashores.
43 CFR Part 2110
Government property, Public lands.
43 CFR Part 2130
Public lands.
Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
For the reasons stated above, and under the authority of 43 U.S.C.
1740, BLM is amending Chapter II of Subtitle B, title 43 of the Code of
Federal Regulations as follows:
PART 2090--[AMENDED]
1. Revise the authority for part 2090 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. Section 2111.4 of Part 2110 is redesignated as Sec. 2091.8 in
Subpart 2091 and 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--[REMOVED]
3. Remove part 2110 in its entirety.
PART 2130--[REMOVED]
4. Remove part 2130 in its entirety.
[FR Doc. 97-26457 Filed 10-3-97; 8:45 am]
BILLING CODE 4310-84-P
