[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)]
[Proposed Rules]
[Pages 58843-58856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29305]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1300, 1600, 1780, 1810, 1860, 1880, 2090, 2200, 2300,
2360, 2400, 2520, 2610, 2640, 2650, 2710, 2720, 2740, 2800, 2810,
2880, 2910, 2920, 3000, 3100, 3130, 3150, 3160, 3200, 3250, 3260,
3420, 3460, 3480, 3500, 3590, 3600, 3800, 3830, 4100, 4200, 4300,
4700, 5400, 8200, 8340, 8360, 8560, 9210
[WO-420-1430-00-24 1A]
RIN 1004-AC73
Definitions
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would add a new part to the regulations of
the Bureau of Land Management (BLM). This new part would contain
definitions of terms common to many or all programs and regulations of
BLM. The rule also would remove from other parts of the BLM regulations
those definitions proposed to appear in the new part, except for those
of terms with meanings peculiar to particular BLM regulations or
programs. The rule is needed to remove unnecessary duplication among
BLM regulations.
DATES: You should submit your comments by January 21, 1997. BLM
[[Page 58844]]
will not necessarily consider comments postmarked, hand-delivered, or
received by electronic mail after the above date in the decisionmaking
process on the final rule.
ADDRESSES: You should mail comments to Director (420), Bureau of Land
Management, Room 401 LS, 1849 C Street, NW, Washington, DC 20240. You
may deliver comments to this address in person as well. You may also
comment via the Internet to [email protected] Please include
``attn: AC73'' and your name and return address in your Internet
message. If you do not receive a confirmation from the system that we
have received your internet message, contact us directly at (202) 452-
5030. Comments will be available for public review at the above address
during regular business hours (7:45 a.m. to 4:15 p.m.), Monday through
Friday, except holidays.
FOR FURTHER INFORMATION CONTACT: Frank Bruno at (202) 452- 0352, or
Annetta Cheek at (202) 452-5099.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
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, you should
reference the specific section or paragraph of the proposal that the
comment is addressing. BLM will not necessarily consider or include in
the Administrative Record for the final rule comments that are
postmarked, hand-delivered, or transmitted by electronic mail after the
close of the comment period (see ``DATES'') or comments delivered to an
address other than those listed above (see ``ADDRESSES'').
II. Background
BLM regulations are divided into ``parts'' and ``subparts,''
generally by program subject matter. For example, you will find
regulations on grazing in the public lands States outside Alaska in
part 4100, geothermal leasing and operations in parts 3200-3280, and
rights-of-way issued under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) (FLPMA) in part 2800. Most of these
individual ``program regulations'' parts have Definitions sections,
traditionally numbered Sec. xxxx.0-5. These sections define terms
pertinent to the specific activity or land use covered in the program
regulations. In many cases, they also define terms common to many or
all BLM programs, which leads to a large amount of duplication.
This proposed rule is intended to relieve some of this duplication.
BLM definitions are derived from a variety of sources: statutory
definitions, BLM and other agency usages, industry and interest group
terminology and standards, and so forth. The same term may be defined
differently in different contexts, depending on its statutory or other
origin. Terms with such varying usages do not lend themselves to being
included in a central glossary without multiple or multi-part
definitions properly cross-referenced.
Depending on public support and acceptance of this proposed rule,
BLM may propose a subsequent rule adding more definitions to the
central definition section in the new part 1300 being proposed today
(and removing them from program regulations), or perhaps all terms will
be defined in this central glossary. BLM specifically requests public
comments on whether this is a useful and appropriate approach. We also
would like to receive suggestions as to other terms that should be
included in the glossary in part 1300, or as to specific terms included
in the glossary in this rule that should remain in program regulation
definition sections and not be included in the central glossary.
III. Proposed Rule
The proposed rule would have four functions: (1) It would add a
central glossary of terms in new part 1300; (2) with a few exceptions
if usage requires, it would remove the centralized definitions from the
various program regulation definition sections; (3) it would reorganize
most of the definition sections of the program regulations by
reordering the remaining definitions in alphabetical order; and (4) it
would correct cross-references that would be affected by this proposed
rule throughout Chapter II of Title 43 of the Code of Federal
Regulations.
One result of this rule would be that some of the definitions of
terms pertinent to your particular land use or activity will be located
in part 1300 and others in the specific program regulation definition
section. To mitigate any inconvenience this may cause, BLM field
offices will be happy to provide photocopies of the program regulations
pertaining to your interest, which is our current practice, plus the
central glossary in part 1300.
In the following paragraphs, we will summarize the effect of this
rule on the various program regulations.
Section-by-Section Description
Part 1300--Definitions
The following terms would be defined in the new Sec. 1.5: Activity
plan, actual costs, anniversary date, applicant, appraisal, authorized
officer, bid, BLM or Bureau, business day, casual use, closed area,
conveyance (document), Department, Director, land use plan, lease,
legal description, lessee, lessor, license, licensee, mineral leasing
laws, mining laws, multiple use, National Forest System lands, patent,
permit, permittee, public domain lands, reclamation, Secretary, timber,
and trespass.
BLM's inclusion of several of these terms in the new part 1300
requires a little more explanation here.
The definition of ``reclamation'' is in two parts, reflecting its
usage in the context of irrigation and farming, and in the context of
surface- or resource- disturbing activities requiring repair of land or
resources.
As indicated in the rule language to be contained in part 1300,
some of the common definitions provided are also contained in specific
program regulations. Where such definitions are contained in specific
program regulations, the definitions contained in the specific program
regulations will govern.
For example, the terms ``casual use,'' ``Department,'' and
``licensee'' are included in part 1300 but have separate definitions in
the mining regulations on Surface Management (subpart 3809), in the
withdrawal regulations (part 2300), and in the rights-of-way
regulations on Tramroads and Logging Roads (part 2810), respectively.
Variations in usage and meaning require that these separate definitions
remain in these program regulations. This is also true of the term
``lease,'' which is defined in part 1300 to indicate that a lease
conveys an interest in land. The program definition of ``grazing
lease'' at 43 CFR 4100.0-5 is unaffected by the definition of ``lease''
in part 1300 and nothing in this proposed rule is intended to disturb
the principle that a grazing lease conveys no interest in lands.
The term ``authorized officer'' would be defined in the central
glossary. However, BLM expects that its use may be phased out as our
regulations are simplified. In the future, the simple term ``BLM'' may
be substituted for the vaguer ``authorized officer'' throughout our
regulations. We specifically request public comment on whether this is
a
[[Page 58845]]
good idea. The proposed central glossary includes no definitions of
``willful'' or ``nonwillful'' trespass. We also invite comments as to
whether definitions of such terms would be helpful in part 1300.
Definitions of ``willful'' and ``nonwillful'' currently appear in
various forms in Secs. 2800.0-5(v)-(w), 3160.0-5(e), and 5400.0-5.
The definitions of ``business day'' and ``National Forest System
lands'' in proposed part 1300 are new and do not appear elsewhere in 43
CFR Chapter II.
Correlative Changes in 43 CFR Chapter II
Because proposed new part 1300 includes definitions drawn from many
program regulations in Chapter II, this proposed rule needs to include
amendments conforming the existing regulations to the new arrangement
contemplated in this rule. These amendments mainly consist of
corrections of cross-references and removals of program regulation
definitions that would be superseded by those in part 1300.
In some instances, however, existing definitions included
regulatory material that should not have been included in those
definitions. An example is the definition of ``reclamation,'' which
appears in subpart 3802. In this situation, the regulatory material
would be moved in this proposed rule from the definition to the program
regulations.
In other instances, establishing a definition intended to apply to
all program regulations necessitated a change in terminology in one
particular program regulation because of a variation in usage in that
program. An example is the definition of ``permittee'' in part 3600. In
this part, ``permittee'' refers to someone who has purchased a material
sales contract, as well as to the holder of a free-use permit. To deal
with this kind of anomaly, this rule proposes to amend the regulations
to refer to the person or entity buying or holding a contract to
purchase mineral materials on the public lands as a ``purchaser,'' and
to the holder of a free-use permit as a ``permittee.''
A further organizational change that BLM proposes in this rule is
the removal of the lettered paragraph designations from the program
regulation definition sections. The definitions remaining in the
program regulations, as well as the central glossary in part 1300,
would be ordered alphabetically without paragraph designations.
In proposing these kinds of changes, BLM does not intend any
substantive changes. In some instances, the proposed rule includes
grammatical corrections, stylistic changes to reflect the style known
as ``Plain English,''--for example, in some instances ``shall'' is
proposed to be replaced by ``must''--and changes in common usage--for
example, in some cases, ``authorized officer'' has been replaced by
``BLM,'' a usage change that is gradually being incorporated in BLM's
regulations. None of these changes is meant to be substantive, but you
are welcome to comment on such changes if you find them troublesome.
Part 1600--Planning, Programming, Budgeting
The definition of ``multiple use'' would be removed from the
planning regulations. The term is used in many of BLM's land use
regulations.
Section 1610.2(j) would be amended only to change the way a cross-
reference is described.
Part 1780--Cooperative Relations
The advisory committee regulations in subpart 1784 would be amended
by removing the definitions of ``Secretary'' and ``Director,'' which
appear in this proposed rule in part 1300.
Part 1810--Introduction and General Guidance
Section 1810.1 on ``Rules of construction; words and phrases''
would be amended by removing paragraph (f), which construes the terms
``officer'' and ``authorized officer.''
Part 1860--Conveyances, Disclaimers and Correction Documents
This proposed rule would remove the definition of ``authorized
officer'' from section 1864.0-5, which contains the definitions for the
regulations on recordable disclaimers of interest in land, and from
section 1865.0-5, which contains the definitions for the regulations on
correction of conveyancing documents.
Part 1880--Financial Assistance, Local Governments
The payments in lieu of taxes regulations in subpart 1881 would be
amended by removing the definition of ``authorized officer.'' The
regulations on mineral development impact relief loans in subpart 1882
would be amended by removing the definitions of ``Secretary'' and
``Director.''
Part 2090--Special Laws and Rules
The regulations on segregation and opening of lands in subpart 2091
would be amended by removing the definition of ``authorized officer.''
Part 2200--Exchanges
The general procedure regulations on exchanges in part 2200 would
be amended by removing the definitions of ``appraisal or appraisal
report,'' ``authorized officer,'' and ``Secretary.''
Part 2300--Land Withdrawals
The general withdrawal regulations in part 2300 would be amended by
removing the definitions of ``authorized officer,'' ``applicant,'' and
``legal description.''
Sections 2310.1-2(c)(4) and 2310.1-3(b)(2) would be amended to
correct cross-references. Section 2300.0-1 would be amended to make it
clear that, as provided in the definition of ``applicant'' that is
being removed in this rule, only Federal departments, agencies, or
offices may apply for withdrawals of public lands.
Part 2360--National Petroleum Reserve in Alaska
The regulations on the management and protection of the National
Petroleum Reserve in Alaska would be amended by removing the
definitions of ``authorized officer'' and ``Secretary.''
Part 2400--Land Classification
The general land classification regulations in part 2400 would be
amended by removing the definition of ``multiple use.''
Part 2520--Desert-Land Entries
The general regulations on desert-land entries would be amended by
removing the definition of ``reclamation.''
Part 2610--Carey Act Grants
The general regulations on Carey Act grants would be amended by
removing the definition of ``reclamation.''
Part 2640--FAA Airport Grants
The regulations on Federal Aviation Administration airport grants
would be amended by removing the definitions of ``Secretary,''
``authorized officer,'' ``applicant,'' and ``conveyance document.''
The definition of ``applicant'' that would be removed is obsolete
in part because it refers to a provision of the Code of Federal
Regulations that no longer exists. However, the provision in the
definition that only public agencies, as defined in Section 503 of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. 47102(15)), may
apply for an airport grant must be preserved in BLM's regulations.
Therefore, Sec. 2640.0-1 would be amended to make it clear that only a
State, agency of a State, a municipality or other political subdivision
of a State, a tax-supported
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organization, or an Indian tribe or pueblo may apply for an airport
grant under part 2640, in accordance with Section 516 of the Airport
and Airway Improvement Act (49 U.S.C. 47125).
Part 2650--Alaska Native Selections
The general regulations on Alaska Native selections would be
amended by removing the definitions of ``Secretary,'' ``patent,'' and
``Director.''
Part 2710--Sales: Federal Land Policy and Management Act
The general regulations on land sales under FLPMA would be amended
by removing the definitions of ``Secretary'' and ``authorized
officer.'' The rule would also amend Sec. 2710.0-8(a) to correct
grammar and remove an unnecessary cross-reference to the definition of
public lands in Sec. 2710.0-5--the definition applies, as stated at the
beginning of Sec. 2710.0-5, whether the cross-reference remains or is
removed.
Part 2720--Conveyance of Federally-Owned Mineral Interests
The regulations on the conveyance of Federally-owned mineral
interests under section 209 of FLPMA (43 U.S.C. 1719) would be amended
by removing the definition of ``authorized officer.''
Part 2740--Recreation and Public Purposes Act
The general regulations on the Recreation and Public Purposes Act
would be amended by removing the definition of ``authorized officer.''
Part 2800--Rights-of-Way, Principles and Procedures
The general regulations on rights-of-way in subpart 2800 would be
amended by removing the definitions of ``Secretary,'' ``authorized
officer,'' ``applicant,'' ``casual use,'' ``actual costs,'' and
``trespass.''
Part 2810--Tramroads and Logging Roads
The regulations on tram and logging roads over O. and C. and Coos
Bay Revested Lands would be amended by removing the definitions of
``Bureau,'' ``Timber of the United States'' or ``federal timber''
(considered as one term), and ``authorized officer.'' The second of
these terms--''Timber of the United States'' or ``federal timber''--
would not be defined separately in part 1300 but would be covered by
the definition of ``timber.''
Part 2880--Rights-of-Way Under the Mineral Leasing Act
The general regulations on oil and natural gas pipelines and
related facilities in subpart 2880 would be amended by removing the
definitions of ``applicant'' and ``authorized officer.''
Part 2910--Leases
The regulations on airport leases in subpart 2911 would be amended
by removing the definitions of ``authorized officer'' and
``applicant.'' A new provision would be added to the beginning of
Sec. 2911.2-2 to state the applicant qualifications currently contained
in the definition of ``applicant'' at Sec. 2911.0-5(d).
Part 2920--Leases, Permits and Easements
The regulations on leases, permits, and easements in part 2920
would be amended by removing the definitions of ``authorized officer,''
``lease,'' ``permit,'' ``land use plan,'' ``applicant,'' and ``casual
use.''
The proposed rule would also amend Secs. 2920.1-1(d) and 2920.1-
2(a) to incorporate in the regulation the requirement currently in the
definition of ``casual use'' that such use be ``noncommercial.''
Part 3000--Minerals Management; General
The general regulations on minerals management in part 3000 would
be amended by removing the definitions of ``Secretary,'' ``Director,''
``authorized officer,'' ``public domain lands,'' ``anniversary date,''
and ``Bureau.''
Part 3100--Oil and Gas Leasing
The general regulations on onshore oil and gas leasing in subpart
3100 would be amended by removing the definitions of ``lessee'' and
``bid.'' A reference to ``parties in interest'' would be clarified in
Sec. 3102.5-1.
Part 3130--Oil and Gas Leasing: National Petroleum Reserve, Alaska
The general regulations on oil and gas leasing in the National
Petroleum Reserve, Alaska, in part 3130 would be amended by removing
the definition of ``Bureau.''
Part 3150--Onshore Oil and Gas Geophysical Exploration
The general regulations on onshore oil and gas geophysical
exploration in subpart 3150 would be amended by removing the definition
of ``casual use.''
Part 3160--Onshore Oil and Gas Operations
The general regulations on onshore oil and gas operations in
subpart 3160 would be amended by removing the definition of ``lessor.''
The definition of ``lease'' would be retained in this part even though
it is also defined in part 1300, because of the significant differences
in terms between fluid mineral leases and other BLM leases. The
definition of ``lessee'' would be retained in this part, because of
special elements that need to be added to the definition of fluid
mineral ``lessee'' to accommodate the requirements of the Federal Oil
and Gas Royalty Simplification and Fairness Act of 1996 (Pub. L. 104-
185), which amended the Federal Oil and Gas Royalty Management Act (30
U.S.C. 1701 et seq.).
Part 3200--Geothermal Resources Leasing: General
The general regulations on geothermal resources leasing in subpart
3200 would be amended by removing the definitions of ``Secretary,''
``Director,'' ``authorized officer,'' ``anniversary date,'' ``Bureau,''
``lessee,'' and ``public domain lands.''
The regulations on geothermal resources exploration operations in
subpart 3209 would be amended by removing the definition of ``casual
use.'' Also, Sec. 3203.6 would be amended to correct a cross-reference
to this definition.
Part 3250--Utilization of Geothermal Resources
The regulations on use of geothermal resources would be amended by
removing the definitions of ``licensee'' and ``authorized officer'' and
by correcting cross-references contained in Sec. 3250.0-5.
Part 3260--Geothermal Resources Operations
The regulations on geothermal resources operations in part 3260
would be amended by removing the definition of ``casual use.''
Part 3420--Competitive Leasing
The regulations on competitive coal leasing in part 3420 contain no
definitions. However, this proposed rule would amend Sec. 3427.0-7 to
remove an inaccurate cross-reference.
Part 3460--Environment
The regulations on determining Federal lands unsuitable for coal
mining in subpart 3461 contain no definitions. However, this proposed
rule would adjust a cross-reference to the definition of ``alluvial
valley floor'' in Sec. 3461.5 to reflect numbering changes.
Part 3480--Coal Exploration and Mining Operations Rules
The general regulations on coal exploration and mining operations
in
[[Page 58847]]
subpart 3480 would be amended by removing the definition of
``license.''
Part 3500--Leasing of Solid Minerals Other Than Coal and Oil Shale
The general regulations on leasing of solid minerals other than
coal and oil shale in subpart 3500 would be amended by removing the
definitions of ``Secretary,'' ``Director,'' ``authorized officer,''
``public domain lands,'' and ``Bureau.''
Part 3590--Solid Minerals (Other Than Coal) Exploration and Mining
Operations
The general regulations on exploration and mining operations for
solid minerals other than coal in subpart 3590 would be amended by
removing the definitions of ``lessee,'' ``licensee,'' ``permittee,''
and ``reclamation.''
The proposed general definition provides that, in the context of
resource use and extraction, ``reclamation'' means the measures
undertaken to bring about the rehabilitation, reconditioning,
restoration, or reshaping of lands or water affected by any surface- or
subsurface-disturbing use.
Part 3600--Mineral Materials Disposal: General
The general regulations on disposal of mineral materials in part
3600 would be amended by removing the definitions of ``Bureau,''
``Director,'' ``permittee,'' and ``authorized officer.'' In part 3600,
the term ``permittee'' is currently used interchangeably to mean an
entity that obtains a contract to buy mineral materials from the public
lands and an entity that obtains a free-use permit. In this proposed
rule, BLM proposes to substitute the more accurate term ``purchaser''
for the first of these two usages. A definition is proposed to be added
for this term in part 3600, and the term will be added or substituted
where appropriate. No substantive change is proposed by this action. As
a term to describe the holder of a free-use permit under part 3620,
``permittee'' as proposed to be defined in part 1300 should suffice.
Part 3800--Mining Claims Under the General Mining Laws
The regulations on exploration and mining in the context of the
wilderness review program in subpart 3802 would be amended by removing
the definitions of ``reclamation'' and ``authorized officer.''
In subpart 3802, the specific reclamation requirements that were
included in the definition of ``reclamation'' would be incorporated in
the section on reclamation, 3802.3-2(h). The language being moved
consists of regulatory requirements, rather than definitions, and thus
belongs more properly in the portion of the regulations containing
substantive requirements for operator action or procedure.
The regulations on surface management in connection with hardrock
mining in subpart 3809 would be amended by removing the definitions of
``authorized officer'' and ``mining laws.''
Part 3830--Location of Mining Claims
The regulations on recordation of mining claims, mill sites, and
tunnel sites, payment of service charges, and payment of rental fees in
subpart 3833 would be amended by removing the definition of
``authorized officer.''
Part 4100--Grazing Administration--Exclusive of Alaska
The general regulations on grazing administration outside of Alaska
in subpart 4100 would be amended by removing the definitions of
``activity plan,'' ``authorized officer,'' ``land use plan,'' and
``Secretary,'' and by clarifying and correcting a cross-reference in
Sec. 4100.0-8 on land use plans to reflect the role of public
participation in the development of land use plans.
Part 4200--Grazing Administration; Alaska; Livestock
The general regulations on livestock grazing in Alaska in subpart
4200 would be amended by removing the definitions of ``Secretary,''
``Director,'' and ``authorized officer.''
Part 4300--Grazing Administration; Alaska; Reindeer
The general regulations on reindeer grazing in Alaska in subpart
4300 would be amended by removing the definitions of ``Bureau,''
``Director,'' and ``authorized officer.''
Part 4700--Protection, Management, and Control of Wild Free-Roaming
Horses and Burros
The general regulations on protection, management, and control of
wild, free-roaming horses and burros in subpart 4700 would be amended
by removing the definition of ``authorized officer.''
Part 5400--Sales of Forest products; General
The general regulations on sales of forest products in subpart 5400
would be amended by removing the definitions of ``authorized officer,''
``Bureau,'' ``Director,'' ``Federal timber,'' ``timber,'' and
``trespass.'' The definition of ``permit'' would be retained in part
5400 because of the special usages and requirements of the forestry
program.
Part 8200--Procedures
The regulations on the management of the Fossil Forest Research
Natural Area, New Mexico, in subpart 8224 would be amended by removing
the definition of ``authorized officer.''
Part 8340--Off-Road Vehicles
The general regulations on off-road vehicles in subpart 8340 would
be amended by removing the definitions of ``Bureau'' and ``closed
area.'' Regulatory provisions contained in the definition of ``closed
area'' would be relocated in Sec. 8341.2 on special rules.
Part 8360--Visitor Services
The general regulations on visitor services in subpart 8360 would
be amended by removing the definition of ``authorized officer.''
Part 8560--Wilderness Areas
The regulations on the management of designated wilderness areas in
subpart 8560 would be amended by removing the definitions of
``authorized officer'' and ``Bureau.''
Part 9210--Fire Management
The regulations on wildfire prevention in subpart 9212 would be
amended by removing the definitions of ``authorized officer,''
``permit,'' and ``closed area.''
IV. Procedural Matters
The principal authors of this proposed rule are Michael Schwartz,
Special Assistant to the Assistant Director for Resource Use and
Protection, Olivia Short of the Regulatory Reinvention Initiative Team,
Jeff Holdren of the Use Authorization Team, Lois Mason of the Use
Authorization Team, and Frank Bruno and Ted Hudson of the Regulatory
Management Team, Bureau of Land Management.
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, 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. You may review these documents by
contacting us at the address listed above (see ADDRESSES). If you wish
to submit comments in response to the EA and
[[Page 58848]]
FONSI, you may do so in accordance with the Public Comment Procedures
section above, or contact us directly.
This rule is not subject to review by the Office of Management and
Budget under Executive Order 12866.
This proposed rule does not represent a governmental action capable
of interference with constitutionally protected property rights or
result in a taking of private property under Executive Order 12630. It
does not provide for the taking of any property rights or interests.
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. Moving definitions from one
section to another will not have any economic impact whatsoever, and
the minor changes proposed in some of the definitions and the
conforming changes in regulatory text have been shown in a
Determination of Effects of Rules to have no discernible economic
impact.
This proposed rule does not contain information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Creation of a central definition section 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. Further, none of the minor changes proposed in the definitions,
and none of the correlative changes proposed in the program regulations
to accommodate the relocated and amended definitions will establish a
Federal mandate that may result in expenditures of $100 million or more
in any one year by State, local, and tribal governments in the
aggregate, or by the private sector. Therefore, a Section 202 statement
under the Unfunded Mandates Reform Act is not required.
The Department has determined that this rule meets the applicable
standards provided in sections 3(a) and 3(b)(2) of Executive Order
12988.
The proposed rule does 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, BLM has determined that the
proposed rule would not have sufficient federalism implications to
warrant preparation of a Federalism Assessment under Executive Order
12612.
List of Subjects
43 CFR Part 1300
Indians, Indians--lands, Public lands.
43 CFR Part 1600
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, Public lands.
43 CFR Part 1780
Administrative practice and procedure, Advisory committees, Public
lands.
43 CFR Part 1810
Administrative practice and procedure, Archives and records,
Disaster assistance, Forests and forest products, Public lands.
43 CFR Part 1860
Administrative practice and procedure, Public lands.
43 CFR Part 1880
Administrative practice and procedure, Civil rights, Grants
programs-natural resources, Intergovernmental relations, Loan Programs-
natural resources, Public lands, Public lands-mineral resources.
43 CFR Part 2090
Airports, Alaska, Coal, Grazing lands, Indians-lands, Public lands,
Public lands-classification, Public lands-mineral resources, Public
lands-withdrawal, Seashores, Veterans.
43 CFR Part 2200
National forests, Public lands.
43 CFR Part 2300
Administrative practice and procedure, Electric power, Federal
Energy Regulatory Commission, Public lands-withdrawal.
43 CFR Part 2360
Alaska, Environmental protection, Natural resources, Oil and gas
reserves, Public lands-withdrawal.
43 CFR Part 2400
Agriculture, Forests and forest products, Public lands-
classification, Public lands-mineral resources, Recreation and
recreation areas, Watersheds.
43 CFR Part 2520
Irrigation, Public lands, Reclamation, Reporting and recordkeeping
requirements.
43 CFR Part 2610
Homesteads, Intergovernmental relations, Irrigation, Public lands-
grants, Reclamation.
43 CFR Part 2640
Airports, Public lands-grants.
43 CFR Part 2650
Administrative practice and procedure, Alaska, Federal buildings
and facilities, Indians-claims, Indians-lands, National forests, Public
lands-grants, Wildlife refuges.
43 CFR Part 2710
Administrative practice and procedure, Public lands-mineral
resources, Public lands-sale.
43 CFR Part 2720
Administrative practice and procedure, Public lands-mineral
resources, Public lands-sale.
43 CFR Part 2740
Intergovernmental relations, Public lands-sale, Recreation and
recreation areas, Reporting and record keeping requirements.
43 CFR Part 2800
Communications, Electric power, Highways and roads, Pipelines,
Public lands-rights-of-way, Reporting and record keeping requirements.
43 CFR Part 2810
Highways and roads, Public lands-rights-of-way, Reporting and
recordkeeping requirements.
43 CFR Part 2880
Administrative practice and procedure, Common carriers, Pipelines,
Public lands-rights-of-way, Reporting and record keeping requirements.
43 CFR Part 2910
Airports, Alaska, Public lands, Recreation and recreation areas,
Waste treatment and disposal.
43 CFR Part 2920
Public lands, Reporting and recordkeeping requirements.
43 CFR Part 3000
Public lands-mineral resources.
43 CFR Part 3100
Government contracts, Mineral royalties, Oil and gas exploration,
Public lands-mineral resources,
[[Page 58849]]
Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3130
Alaska, Government contracts, Mineral royalties, Oil and gas
exploration, Oil and gas reserves, Public lands-mineral resources,
Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3150
Alaska, Oil and gas exploration, Public lands-mineral resources,
Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3160
Government contracts, Indians-lands, Mineral royalties, Oil and gas
exploration, Penalties, Public lands-mineral resources, Reporting and
recordkeeping requirements.
43 CFR Part 3200
Geothermal energy, Government contracts, Mineral royalties, Public
lands-mineral resources, Reporting and recordkeeping requirements,
Surety bonds.
43 CFR Part 3250
Geothermal energy, Government contracts, Public lands-mineral
resources, Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3260
Environmental protection, Geothermal energy, Government contracts,
Public lands-mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3420
Administrative practice and procedure, Coal, Government contracts,
Intergovernmental relations, Mines, Public lands-mineral resources,
Reporting and recordkeeping requirements.
43 CFR Part 3460
Coal, Environmental protection, Government contracts, Mines, Public
lands-mineral resources.
43 CFR Part 3480
Government contracts, Intergovernmental relations, Mineral
royalties, Mines, Public lands-mineral resources, Reporting and
recordkeeping requirements.
43 CFR Part 3500
Government contracts, Mineral royalties, Public lands-mineral
resources, Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3590
Environmental protection, Government contracts, Indians-lands,
Mines, Public lands-mineral resources, reporting and recordkeeping
requirements.
43 CFR Part 3600
Public lands-mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3800
Administrative practice and procedure, Environmental protection,
Intergovernmental relations, Mines, Public lands-mineral resources,
Reporting and recordkeeping requirements, Surety bonds, Wilderness
areas.
43 CFR Part 3830
Mineral royalties, Mines, Public lands-mineral resources, Reporting
and recordkeeping requirements.
43 CFR Part 4100
Administrative practice and procedure, Grazing lands, Livestock,
Penalties, Range management, Reporting and recordkeeping requirements.
43 CFR Part 4200
Administrative practice and procedure, Alaska, Grazing lands,
Livestock, Range management.
43 CFR Part 4300
Administrative practice and procedure, Alaska, Grazing lands, Range
Management, Reindeer, Reporting and recordkeeping requirements.
43 CFR Part 4700
Horses, Intergovernmental relations, Penalties, Public lands, Range
management, Reporting and recordkeeping requirements, Wildlife.
43 CFR Part 5400
Administrative practice and procedure, Forests and forest products,
Public lands, Reporting and recordkeeping requirements.
43 CFR Part 8200
Public lands, Research.
43 CFR Part 8340
Public lands, Recreation and recreation areas, Traffic regulations.
43 CFR Part 8360
Penalties, Public lands, Recreation and recreation areas.
43 CFR Part 8560
Penalties, Public lands, Reporting and recordkeeping requirements,
Wilderness areas.
43 CFR Part 9210
Fire prevention, Penalties, Public lands.
Dated: November 7, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
For the reasons set forth in the preamble above, BLM proposes to
amend Title 43 of the CFR as follows:
1. Part 1300 is added to read as follows:
PART 1300--DEFINITIONS
Sec.
1301.1 Purpose of this part.
1301.5 Definitions of key terms used by BLM.
Authority: 43 U.S.C. 1201; 43 U.S.C. 1740.
Sec. 1301.1 Purpose of this part.
The purpose of this part is to collect in one location definitions
of terms common to many Bureau of Land Management services, activities,
programs, and operations.
Sec. 1301.0-5 Definitions of key terms used by BLM.
Some of the common definitions provided herein are also contained
in specific program regulations. Where such definitions are contained
in specific program regulations, the definitions contained in the
specific program regulations will govern. With that exception, as used
in this chapter, and as the context requires:
Activity plan means a plan for managing one or more resources or
values to achieve a desired outcome.
Actual costs means the costs expended by BLM in performing its
responsibilities and missions. These may include, but are not limited
to, processing an application or other document for use of the public
or other applicable Federal lands or resources, environmental impact
statements, or monitoring the construction, operation, maintenance, or
termination of the use authorized by a grant, permit, lease, or other
form of authorization. Actual costs include both direct and indirect
costs. For instance, for purposes of Category VI applications for
rights-of-way issued under part 2880 of this chapter and 30 U.S.C. 185,
actual costs are full administrative costs and other costs of
processing, including management overhead. If required by statute,
actual costs exclude management overhead.
Anniversary date means the same day and month in succeeding years
as that date on which an action or authorization became effective.
Applicant means any individual or business entity, association,
public agency, or unit of Federal, State, local, or tribal government
that applies for the
[[Page 58850]]
use, closure, preservation, classification, withdrawal, and/or transfer
of lands, interests in land, and/or resources administered by the BLM.
Appraisal or Appraisal report means a written opinion by a
qualified appraiser that impartially sets forth the market value of
land or interests in land as of a specific date. The report includes
the presentation and analysis of relevant market information.
Authorized officer means any employee of BLM or the Department who
has been delegated the authority to perform the duties described in BLM
regulations.
Bid means an amount offered to BLM for the value of, or as partial
compensation for, lands, resources, or rights to commodities being
offered for sale.
BLM means the Bureau of Land Management, or any officer or employee
authorized to act for the Bureau of Land Management in a particular
circumstance.
Bureau means the Bureau of Land Management, BLM.
Business day means any day Monday through Friday, excluding Federal
holidays, that the Federal Government is open for business.
Casual use means any short-term activity that only causes
negligible disturbance to the public lands, their resources or
improvements, and that is not prohibited by closure of the lands.
Activities that involve use of heavy equipment or explosives and that
involve vehicular movement other than over established roads and trails
are examples of activities that do not constitute casual use.
Closed area means any public lands temporarily closed by the BLM to
public use or entry in general or to a specified entry or use.
Conveyance means a transfer of legal title to land or interest(s)
in land or other property by a document in the form of a deed, patent,
interim conveyance issued under the Alaska Native Claims Settlement
Act, as amended (43 U.S.C. 1601 et seq.), approval or tentative
approval issued under the Act of July 7, 1958, as amended (72 Stat.
339), or other legal instrument.
Department means the Department of the Interior, unless otherwise
specified.
Director means the Director of BLM, unless otherwise specified.
Land use plan means a document developed under the provisions of
part 1600 of this chapter to establish management direction for
resource uses of public lands, such as a Resource Management Plan or
Management Framework Plan.
Lease means a written agreement entered into by BLM which conveys
an interest in lands which authorizes the use of lands or interests
therein for a fixed period of time.
Legal description means:
(1) A written description of a specific tract of land based on
either:
(i) An approved and filed Federal land survey executed as part of
the United States Public Land Survey System, or
(ii) A protraction diagram, where specifically authorized under
Federal law.
(2) In the absence of an approved and filed Federal survey or an
authorized protraction diagram, legal description means a written
description that defines the exterior boundaries of a tract of land by
reference to a metes and bounds survey or natural or other monuments.
Lessee means a person or entity that holds record title, in whole
or in part, in a lease issued by the United States.
Lessor means the party to a lease who holds the reversionary
interest in the estate that is being leased.
License means a privilege issued by BLM to do some particular act
or series of acts on land without conveying any estate or interest in
land.
Licensee means a person or entity who holds in whole or in part a
BLM license to use or explore public lands or resources or both.
Mineral leasing laws means the Mineral Leasing Act of 1920, as
amended (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired
Lands of 1947, as amended (30 U.S.C. 351-360), the Act of May 21, 1930
(30 U.S.C. 301-306), the Geothermal Steam Act of 1970 as amended (30
U.S.C. 1001 et seq.), and all laws supplementing and amending these
laws.
Mining laws means the Lode Law of 1866, as amended (14 Stat. 251),
the Placer Law of 1870, as amended (16 Stat. 217), and the Mining Law
of 1872, as amended (17 Stat. 91), and all laws supplementing and
amending these laws, including, but not limited to, the Building Stone
Act of 1892, as amended (27 Stat. 348), the Saline Placer Act of 1901
(31 Stat. 745) (See R.S. 2318-2352), the Surface Resources Act of 1955
(69 Stat. 367, 30 U.S.C. 611-614), 302 and 314 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1732 and 1744), the
Omnibus Budget Reconciliation Act of 1993 (107 Stat. 312, 405-407), and
the Interior and Related Agencies Appropriations Act for fiscal year
1993 (106 Stat. 1374, 1378-79).
Multiple use means:
(1) The management of the public lands and their various surface
and subsurface resource values so that they are utilized in the
combination that will best meet the present and future needs of the
American people;
(2) The most judicious use of the land for some or all of these
resources or related services over areas large enough to provide
sufficient latitude for periodic adjustments in use to conform to
changing needs and conditions;
(3) The use of some land for less than all of the resources;
(4) A combination of balanced and diverse resource uses that takes
into account the long-term needs of future generations for renewable
and nonrenewable resources, including, but not limited to, recreation,
range, timber, minerals, watershed, wildlife and fish, and natural
scenic, scientific, and historical values; and
(5) Harmonious and coordinated management of the various resources,
each with the other, without permanent impairment of the productivity
of the land and the quality of the environment, with consideration
being given to the relative values of the various resources, and not
necessarily the combination of uses that will give the greatest
economic return or the greatest unit output.
National Forest System lands means all National Forest lands
reserved or withdrawn from the public domain of the United States, all
National Forest lands acquired through purchase, exchange, donation, or
other means, the National Grasslands and land utilization projects
administered by the U.S. Department of Agriculture, Forest Service,
under Title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.), and other lands, waters, or interests therein that are
administered by the Forest Service or are designated for administration
through the Forest Service as part of the system (16 U.S.C. 1609).
Patent means a conveyance document issued by the United States
granting legal title to surveyed lands or interests in lands; or the
document issued by the BLM to confirm legal title to land previously
granted through a clear list (a list of lands granted to entities such
as States and railroads in lieu of multiple patents), interim
conveyance issued under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), or approval or tentative approval issued under
the Act of July 7, 1958, as amended (72 Stat. 339).
Permit generally means a written authorization to use public lands
or resources for a specified purpose, except as otherwise defined in
Sec. 5400.0-5 of this chapter.
Permittee means a person or entity who holds, in whole or in part,
a BLM
[[Page 58851]]
permit whether obtained from the BLM or by assignment.
Public domain lands means lands, including mineral estates, that
never left the ownership of the United States, lands that were obtained
by the United States in exchange for public domain lands, lands that
have reverted to the ownership of the United States through the
operation of the public land laws, and other lands specifically
identified by the Congress as part of the public domain.
Reclamation means:
(1) In regulations pertaining to resource use and extraction, the
measures undertaken to bring about the rehabilitation, reconditioning,
restoration, or reshaping of lands or water affected by any surface- or
subsurface-disturbing use; or
(2) In regulations pertaining to land entry by settlers, the
establishment of works to conduct water to land for irrigation and
cultivation.
Secretary means the Secretary of the Interior or his or her
authorized delegate.
Timber means standing trees, downed trees or logs that can be
measured in cubic or board feet. Federal timber, or timber of the
United States, is timber owned or managed by the United States or any
agency thereof, including timber on allotted and tribal Indian lands in
the O. and C. area as defined by Sec. 2812.0-5(e) of this chapter.
Trespass means any use, occupancy or development of the public
lands, or the severance, removal, damage, or unlawful use of the
resources of the public lands, without legal authority.
PART 1600--PLANNING, PROGRAMMING, BUDGETING
2. The authority citation for part 1600 is revised to read as
follows:
Authority: 43 U.S.C. 1712, 1740.
3. Section 1601.0-5 is amended by removing paragraph (f), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
4. Section 1610.2 is amended by revising the first sentence of
paragraph (j) to read as follows:
Sec. 1610.2 Public participation.
* * * * *
(j) When resource management plans involve areas of potential
mining for coal by means other than underground mining, and the surface
is privately owned, the Bureau of Land Management will consult with all
qualified surface owners, as that term is defined in Sec. 3400.0-5 of
this chapter. * * *
* * * * *
PART 1780--COOPERATIVE RELATIONS
5. The authority citation for part 1780 is revised to read as
follows:
Authority: 43 U.S.C. 1740.
6. Section 1784.0-5 is amended by removing paragraphs (b) and (c),
by removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 1810--INTRODUCTION AND GENERAL GUIDANCE
7. The authority citation for part 1810 is revised to read as
follows:
Authority: 43 U.S.C. 1201; 43 U.S.C. 1740.
8. Section 1810.1 is amended by removing paragraph (f).
PART 1860--CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
9. The authority citation for part 1860 is added to read as
follows:
Authority: 43 U.S.C. 1161, 1201, and 1740.
10. The authority citations for subparts 1862 and 1863 are removed.
11. Section 1864.0-5 is amended by removing paragraph (a), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
12. Section 1865.0-5 is amended by removing paragraph (a), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 1880--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS
13. The authority citation for part 1880 is added to read as
follows:
Authority: 43 U.S.C. 1740.
14. The authority citation for subpart 1881 is removed.
15. Section 1881.0-5 is amended by removing paragraph (e).
16. The authority citation for subpart 1882 is removed.
17. Section 1882.0-5 is amended by removing paragraphs (a) and (b),
and by removing the remaining lettered paragraph designation ``(c).''
PART 2090--SPECIAL LAWS AND RULES
18. The authority citation for part 2090 is revised to read as
follows:
Authority: 43 U.S.C. 322, 641, 1201, 1624, 1740; 16 U.S.C. 3124;
30 U.S.C. 189.
19. Section 2091.0-5 is amended by removing paragraph (a), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2200--EXCHANGES: GENERAL PROCEDURES
20. The authority citation for part 2200 is revised to read as
follows:
Authority: 43 U.S.C. 1740.
21. Section 2200.0-5 is amended by removing paragraphs (c), (g),
and (v), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 2300--LAND WITHDRAWALS
22. The authority citation for part 2300 continues to read as
follows:
Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR
4831, 4833).
23. Section 2300.0-1 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 2300.0-1 Purpose.
(a) These regulations set forth procedures implementing the
Secretary of the Interior's authority to process the applications of
Federal departments, agencies, and offices for public land withdrawals
and, if appropriate, to make, modify or extend such Federal land
withdrawals. * * *
24. Section 2300.0-5 is amended by removing paragraphs (b), (l),
and (n), by removing all of the remaining lettered paragraph
designations in the section, and by reordering the remaining
definitions in alphabetical order.
25. Section 2310.1-2 is amended by revising paragraph (c)(4) to
read as follows:
Sec. 2310.1-2 Submission of applications.
* * * * *
(c) * * *
(4) The type of withdrawal action that is being requested (See the
definition of withdrawal in Sec. 2300.0-5), and whether the application
pertains to the making, extension, or modification of a withdrawal.
* * * * *
26. Section 2310.1-3 is amended by revising paragraph (b)(2) to
read as follows:
[[Page 58852]]
Sec. 2310.1-3 Submission of withdrawal petitions.
* * * * *
(b) * * *
(2) The type and purpose of the proposed withdrawal action (See the
definition of withdrawal in Sec. 2300.0-5), and whether the petition
pertains to the making, extension, or modification of a withdrawal;
* * * * *
PART 2360--NATIONAL PETROLEUM RESERVE IN ALASKA
27. The authority citation for part 2360 is added to read as
follows:
Authority: 43 U.S.C. 1733 and 1740; 42 U.S.C. 6503.
28. Section 2361.0-5 is amended by removing paragraphs (b) and (e),
and by removing all of the remaining lettered paragraph designations in
the section.
PART 2400--LAND CLASSIFICATION
29. The authority citation for part 2400 is added to read as
follows:
Authority: 43 U.S.C. 1740.
30. Section 2400.0-5 is amended by removing paragraph (o), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2520--DESERT-LAND ENTRIES
31. The authority citation for part 2520 is revised to read as
follows:
Authority: 43 U.S.C. 1201, 1733, 1740.
32. Section 2520.0-5 is amended by removing paragraph (a)(1), by
removing all of the remaining paragraph designations in the section,
and by placing the remaining definitions in alphabetical order.
PART 2610--CAREY ACT GRANTS
33. The authority citation for part 2610 continues to read as
follows:
Authority: 43 U.S.C. 641.
34. Section 2610.0-5 is amended by removing paragraph (h), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2640--FAA AIRPORT GRANTS
35. The authority citation for part 2640 is revised to read as
follows:
Authority: 43 U.S.C. 1740, 49 U.S.C. 47101 et seq.
36. Section 2640.0-1 is revised to read as follows:
Sec. 2640.0-1 Purpose.
This subpart sets forth procedures for the issuance of conveyance
documents for lands under the jurisdiction of the Department of the
Interior to public agencies--States, agencies of States, municipalities
or other political subdivisions of States, tax-supported organizations,
or Indian tribes or pueblos--for use as airports and airways.
37. Section 2640.0-5 is amended by removing paragraphs (b), (c),
(e), and (g), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
38. Section 2640.0-7 is removed.
PART 2650--ALASKA NATIVE SELECTIONS
39. The authority citation for part 2650 is revised to read as
follows:
Authority: 43 U.S.C. 1624.
40. Section 2650.0-5 is amended by removing paragraphs (b), (i),
and (s), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 2710--SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT
41. The authority citation for part 2710 continues to read as
follows:
Authority: 43 U.S.C. 1713, 1740.
42. Section 2710.0-5 is amended by removing paragraphs (b) and (c),
by removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
43. Section 2710.0-8 is amended by revising the introductory text
of paragraph (a) to read as follows:
Sec. 2710.0-8 Lands subject to sale.
(a) All public lands that meet the disposal criteria specified
under Sec. 2710.0-3 are subject to sale under this part, except:
* * * * *
PART 2720--CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS
44. The authority citation for part 2720 is revised to read as
follows:
Authority: 43 U.S.C. 1719, 1733, 1740.
45. Section 2720.0-5 is amended by removing paragraph (c), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2740--RECREATION AND PUBLIC PURPOSES ACT
46. The authority citation for part 2740 is revised to read as
follows:
Authority: 43 U.S.C. 1740; 31 U.S.C. 9701.
47. Section 2740.0-5 is amended by removing paragraph (b), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES
48. The authority citation for part 2800 is revised to read as
follows:
Authority: 31 U.S.C. 9701; 43 U.S.C. 1733, 1740.
49. Section 2800.0-5 is amended by removing paragraphs (b), (c),
(e), (m), (o), and (u), by removing all of the remaining lettered
paragraph designations in the section, and by placing the remaining
definitions in alphabetical order.
50. Section 2800.0-7 is amended by adding paragraph (d) to read as
follows:
Sec. 2800.0-7 Scope.
* * * * *
(d) Casual use does not require a right-of-way grant or temporary
use permit under this chapter.
PART 2810--TRAMROADS AND LOGGING ROADS
51. The authority citation for part 2810 is revised to read as
follows:
Authority: 43 U.S.C. 1732-1733, 1740.
52. Section 2812.0-5 is amended by removing paragraphs (a), (b),
and (d), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT
53. The authority citation for part 2880 is revised to read as
follows:
Authority: 30 U.S.C. 185.
54. Section 2880.0-5 is amended by removing paragraphs (c) and (d),
by removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 2910--LEASES
55. The authority citation for part 2910 is revised to read as
follows:
Authority: 43 U.S.C. 687c, 687c-1; 43 U.S.C. 1740.
[[Page 58853]]
56. The authority citation for subpart 2911 is removed.
57. Section 2911.0-5 is amended by removing paragraphs (b) and (d),
by removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
58. Section 2911.2-2 is amended by redesignating paragraphs (a),
(b), and (c) as paragraphs (b), (c), and (d), respectively, and by
adding a new paragraph (a) to read as follows:
Sec. 2911.2-2 Applications.
(a) An application may only be submitted by:
(1) A citizen of the United States;
(2) A group or association of citizens of the United States;
(3) A corporation organized under the laws of the United States or
of any State, authorized to conduct business in the State in which the
land involved is situated; or
(4) A State or political subdivision or instrumentality thereof,
such as a county or municipality.
* * * * *
59. The authority citation for subpart 2912 is removed.
PART 2920--LEASES, PERMITS AND EASEMENTS
60. The authority citation for part 2920 is revised to read as
follows:
Authority: 43 U.S.C. 1732-1733, 1740.
61. Section 2920.0-5 is amended by removing paragraphs (a), (c),
(d), (f), (j), and (k), by removing all of the remaining lettered
paragraph designations in the section, and by placing the remaining
definitions in alphabetical order.
62. Section 2920.1-1 is amended by revising paragraph (d) to read
as follows:
Sec. 2920.1-1 Authorized use.
* * * * *
(d) No land use authorization is required under the regulations in
this part for noncommercial casual use of the public lands.
63. Section 2920.1-2 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 2920.1-2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other
than noncommercial casual use as defined in Sec. 1301.0-5 of this
chapter, without authorization under the procedures in Sec. 2920.1-1 or
without authorization under parts 3000 through 3870, is considered a
trespass. * * *
* * * * *
PART 3000--MINERALS MANAGEMENT; GENERAL
64. The authority citation for part 3000 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 306; 30 U.S.C. 359; 16
U.S.C. 3150; 43 U.S.C. 1733, 1740; 42 U.S.C. 6508; 31 U.S.C. 9701.
65. Section 3000.0-5 is amended by removing paragraphs (c), (d),
(e), (g), (i), and (o), by removing all of the remaining lettered
paragraph designations in the section, and by placing the remaining
definitions in alphabetical order.
PART 3100--OIL AND GAS LEASING
66. The authority citation for part 3100 is revised to read as
follows:
Authority: 30 U.S.C. 189, 30 U.S.C. 359, 43 U.S.C. 1733, 1740.
67. Section 3100.0-5 is amended by removing paragraphs (i) and (k),
by removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
68. Section 3102.5-1 is amended by adding the words ``in interest''
after the word ``parties'' in the last sentence of the introductory
text and by removing the paragraph designation ``(k)'' from
Sec. 3000.0-5 in the parenthetical.
PART 3130--OIL AND GAS LEASING: NATIONAL PETROLEUM RESERVE, ALASKA
69. The authority citation for part 3130 is revised to read as
follows:
Authority: 42 U.S.C. 6508; 43 U.S.C. 1733, 1740.
70. Section 3130.0-5 is amended by removing paragraph (b), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION
71. The authority citation for part 3150 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;
16 U.S.C. 3150; 42 U.S.C. 6508; 31 U.S.C. 9701.
72. Section 3150.0-5 is amended by removing paragraph (b) and by
removing the remaining paragraph designation (a).
PART 3160--ONSHORE OIL AND GAS OPERATIONS
73. The authority citation for part 3160 is revised to read as
follows:
Authority: 43 U.S.C. 1733, 1740; 30 U.S.C. 189; 30 U.S.C 359; 30
U.S.C. 306; 25 U.S.C. 396d, 399; 42 U.S.C. 6508; 30 U.S.C. 1751.
74. Section 3160.0-5 is amended by removing paragraph (i), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL
75. The authority citation for part 3200 is revised to read as
follows:
Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.
76. Section 3200.0-5 is amended by removing paragraphs (b), (g),
(m), (o), (q), (t), (w), by removing all of the remaining lettered
paragraph designations in the section, and by placing the remaining
definitions in alphabetical order.
77. Section 3203.6 is amended by removing from the introductory
text the cross reference ``3209.0-5'' and adding in its place the cross
reference ``1301.0-5.''
78. Section 3209.0-5 is amended by removing paragraph (c), and by
removing both of the remaining lettered paragraph designations in the
section.
PART 3250--UTILIZATION OF GEOTHERMAL RESOURCES
79. The authority citation for part 3250 is revised to read as
follows:
Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.
80. Section 3250.0-5 is amended by removing paragraph (a) and (b),
by removing from the cross-reference at the end of paragraph (g) the
paragraph designations ``(f) and (g),'' by removing all of the
remaining lettered paragraph designations in the section, and by
placing the remaining definitions in alphabetical order.
PART 3260--GEOTHERMAL RESOURCES OPERATIONS
81. The authority citation for part 3260 is revised to read as
follows:
Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.
82. Section 3260.0-5 is amended by removing paragraph (j), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 3420--COMPETITIVE LEASING
83. The authority citation for part 3420 is revised to read as
follows:
[[Page 58854]]
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 43
U.S.C. 1733, 1740.
84. Section 3427.0-7 is amended by removing ``(43 CFR 3500.0-5)''
at the end of paragraph (b).
PART 3460--ENVIRONMENT
85. The authority citation for part 3460 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 43
U.S.C. 1733, 1740.
86. Section 3461.5 is amended by removing the paragraph designation
``(a)'' from the cross-reference to Sec. 3400.0-5 that appears in
paragraph (s)(1) of this section.
PART 3480--COAL EXPLORATION AND MINING OPERATIONS RULES
87. The authority citation for part 3480 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 16
U.S.C. 1540; 25 U.S.C. 396d, 399; 43 U.S.C. 1733, 1740.
88. Section 3480.0-5 is amended by removing paragraph (a)(18), by
removing all of the remaining numbered paragraph designations in
paragraph (a), and by placing the remaining definitions in alphabetical
order.
PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
89. The authority citation for part 3500 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;
31 U.S.C. 9701; 30 U.S.C. 192c; 30 U.S.C. 293; 16 U.S.C. 508b; 16
U.S.C. 460n-5; 16 U.S.C. 460q-1; 16 U.S.C. 460dd-2; 16 U.S.C. 460mm-
1, 460mm-3.
90. Section 3500.0-5 is amended by removing paragraphs (a), (b),
(d), (f), and (m), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING
OPERATIONS
91. The authority citation for part 3590 is revised to read as
follows:
Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;
30 U.S.C. 192c; 16 U.S.C. 508b; 30 U.S.C. 293; 16 U.S.C. 460n-5; 16
U.S.C. 460dd-2; 16 U.S.C. 460mm-3; 31 U.S.C. 9701; 25 U.S.C. 396d;
25 U.S.C. 396; 25 U.S.C. 2107.
92. Section 3590.0-5 is amended by removing paragraphs (c), (d),
(e), and (g), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 3600--MINERAL MATERIALS DISPOSAL: GENERAL
93. The authority citation for part 3600 is added to read as
follows:
Authority: 30 U.S.C. 601; 43 U.S.C. 1733, 1740.
94. Section 3600.0-5 is amended by removing paragraphs (a), (b),
(c), and (d), by removing all of the remaining lettered paragraph
designations in the section, by placing the remaining definitions in
alphabetical order, and by adding the definition of ``purchaser'' in
proper alphabetical order, to read as follows:
Sec. 3600.0-5 Definitions.
* * * * *
Purchaser means a business or government entity, or other person,
buying or holding a contract to purchase mineral materials on the
public lands.
* * * * *
95. Section 3601.1-2 is amended by revising paragraphs (a) and (b)
to read as follows:
Sec. 3601.1-2 Authorization to use lands subject to material sales
contracts and free use permits.
(a) The purchaser under contract of sale or the permittee with a
permit for free use has, unless otherwise provided, the right to:
(1) Extract, remove, process and stockpile the material until the
termination of the contract or permit regardless of any subsequent
appropriation under the provisions of the general land laws; and
(2) Use and occupy the described lands if it is determined by the
authorized officer to be necessary for fulfillment of the contract or
permit until termination of that contract.
(b) The purchaser or permittee is subject to the continuing rights
of the United States to issue leases, permits, and licenses for the use
and occupancy of the lands, provided that this authorized use does not
endanger or materially interfere with the production or removal of
materials under contract or permit.
* * * * *
96. Section 3602.1-2 is amended by revising paragraph (a) to read
as follows:
Sec. 3602.1-2 Reclamation plans.
* * * * *
(a) A statement of the proposed manner and time for completion of
the reclamation of the areas disturbed by the purchaser's or
permittee's operations.
* * * * *
97. Section 3602.1-3 is amended by revising paragraph (b), the
first sentence of paragraph (c), and paragraph (d), to read as follows:
Sec. 3602.1-3 Approval and modification of mining and reclamation
plans.
* * * * *
(b) The purchaser's or permittee's operation must not deviate from
the plan approved by BLM.
(c) An approved mining or reclamation plan may be modified by
mutual agreement of BLM and the purchaser or permittee at any time to
adjust to changed conditions, or correct any oversight potentially
resulting in undue or unnecessary degradation. * * *
(d) BLM will review the proposed plan modification and within 30
days will notify the purchaser or permittee of its approval or needed
changes.
98. Section 3602.2 is amended by revising the third sentence of
paragraph (a) to read as follows:
Sec. 3602.2 Sampling and testing.
(a) * * * The purchaser or permittee must submit his findings to
BLM. * * *
99. Section 3602.3 is revised to read as follows:
Sec. 3602.3 Removal of improvements.
After the contract or permit period expires, BLM may grant the
purchaser or permittee no more than 90 days, excluding periods of
inclement weather, to remove the equipment, personal property, and any
other improvements placed on the public lands by the purchaser or
permittee. Improvements such as roads, culverts and bridges may remain
in place with the consent of BLM. If the purchaser or permittee fails
to remove such equipment, personal property, or any other improvements,
such equipment, property, or improvements will become the property of
the United States but the purchaser or permittee will remain liable for
the cost of removal of such equipment, personal property, and any other
improvements, and for restoration of the site.
100. Section 3604.1 is amended by revising the second sentence of
paragraph (d) to read as follows:
Sec. 3604.1 Non-exclusive disposal.
* * * * *
(d) * * * No mining or reclamation plan will be required, but the
purchaser or permittee must comply with the terms of the contract or
permit to protect health and safety and prevent undue or unnecessary
degradation of the public lands.
101. Section 3604.2 is amended by revising the second sentence of
paragraph (a) to read as follows:
[[Page 58855]]
Sec. 3604.2 Reclamation.
(a) * * * However, BLM may allow qualified purchasers and
permittees to perform interim or final reclamation, where needed, in
lieu of paying reclamation charges.
PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
102. The authority citation for part 3800 is revised to read as
follows:
Authority: 16 U.S.C. 351; 16 U.S.C. 460y-4; 30 U.S.C. 22; 31
U.S.C. 9701; 43 U.S.C. 154; 43 U.S.C. 299; 43 U.S.C. 1201; 43 U.S.C.
1733, 1740; 30 U.S.C. 28k.
103. Section 3802.0-5 is amended by removing paragraphs (a) and
(h), by removing all of the remaining lettered paragraph designations
in the section, and by placing the remaining definitions in
alphabetical order.
104. Section 3802.3-2 is amended by revising paragraph (h) to read
as follows:
Sec. 3802.3-2 Requirements for environmental protection.
* * * * *
(h) Reclamation. (1) The operator must reclaim those lands
disturbed or affected by its mining operation conducted under an
approved plan of operations. The operator may propose and submit with
the plan of operations measures for reclamation of the affected area.
BLM may approve the measures suggested by the operator or may require
other reclamation measures.
(2) Reclamation under this subpart must include the following
elements:
(i) Reshaping of the lands disturbed and affected by mining
operations to the approximate original contour or to an appropriate
contour considering the surrounding topography as determined by BLM;
(ii) Restoring such reshaped lands by replacement of topsoil; and
(iii) Revegetating the lands by using species previously occurring
in the area to provide a vegetative cover at least to the point where
natural succession is occurring.
(3) Reclamation must be carried out as contemporaneously as
feasible with operations. It must be commenced, conducted, and
completed as soon after disturbance as feasible without undue physical
interference with mining operations.
(4) BLM will not require the operator to reclaim disturbances or
effects caused by separate operations in mined areas abandoned before
April 2, 1980.
* * * * *
105. Section 3809.0-5 is amended by removing paragraphs (a) and
(e), by removing all of the remaining lettered paragraph designations
in the section, and by placing the remaining definitions in
alphabetical order.
PART 3830--LOCATION OF MINING CLAIMS
106. The authority citation for part 3830 is revised to read as
follows:
Authority: 30 U.S.C. 22, 28k; 43 U.S.C. 1201; 31 U.S.C. 9701; 43
U.S.C. 1733, 1740.
107. Section 3833.0-5 is amended by removing paragraph (s), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA
108. The authority citation for part 4100 is revised to read as
follows:
Authority: 43 U.S.C. 315a-r; 43 U.S.C. 1181d; 43 U.S.C. 1733,
1740.
109. Section 4100.0-5 is amended by removing the definitions of
``activity plan,'' ``authorized officer,'' ``land use plan,'' and
``Secretary.''
110. Section 4100.0-8 is amended by revising the final sentence to
read as follows:
Sec. 4100.0-8 Land use plans.
* * * Livestock grazing activities and management actions approved
by the authorized officer must be in conformance with the land use
plan, as defined at Sec. 1301.0-5 of this chapter, and as prepared in
accordance with the public participation requirements of Sec. 1610.2 of
this chapter.
PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
111. The authority citation for part 4200 is revised to read as
follows:
Authority: 43 U.S.C. 316n; 43 U.S.C. 1181d; 43 U.S.C. 1733,
1740.
112. Section 4200.0-5 is amended by removing paragraphs (a), (b),
and (c), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER
113. The authority citation for part 4300 is revised to read as
follows:
Authority: 43 U.S.C. 316n; 43 U.S.C. 1181d; 43 U.S.C. 1733,
1740.
114. Section 4300.0-5 is amended by removing paragraphs (c), (d),
and (e), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREEROAMING
HORSES AND BURROS
115. The authority citation for part 4700 is revised to read as
follows:
Authority: 16 U.S.C. 1336; 43 U.S.C. 1733, 1740; 43 U.S.C. 315a.
116. Section 4700.0-5 is amended by removing paragraph (b) and by
removing all of the remaining lettered paragraph designations in the
section.
PART 5400--SALES OF FOREST PRODUCTS; GENERAL
117. The authority citation for part 5400 is revised to read as
follows:
Authority: 30 U.S.C. 601; 43 U.S.C. 315a; 16 U.S.C. 607a; 16
U.S.C. 615a; 43 U.S.C. 1733, 1740.
118. Section 5400.0-5 is amended by removing the definitions of
``authorized officer,'' ``Bureau,'' ``Director,'' ``Federal timber,''
``timber,'' and ``trespass.''
PART 8200--PROCEDURES
119. The authority citation for part 8200 is revised to read as
follows:
Authority: 43 U.S.C. 1740; 43 U.S.C. 1181e; 43 U.S.C. 1201.
120. Section 8224.0-5 is amended by removing paragraph (a), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 8340--OFF-ROAD VEHICLES
121. The authority citation for part 8340 is revised to read as
follows:
Authority: 43 U.S.C. 1201; 43 U.S.C. 315a; 16 U.S.C. 1540; 16
U.S.C. 670h; 16 U.S.C. 460l-6a; 16 U.S.C. 1246; 43 U.S.C. 1733,
1740.
122. Section 8340.0-5 is amended by removing paragraphs (c) and
(h), by removing all of the remaining lettered paragraph designations
in the section, and by placing the remaining definitions in
alphabetical order.
123. Section 8341.2 is amended by adding at the end of paragraph
(b) two new sentences to read as follows:
Sec. 8341.2 Special rules.
* * * * *
(b) * * * BLM may allow the use of off-road vehicles in closed
areas in its discretion. Such use may be made only with the approval of
BLM.
[[Page 58856]]
PART 8360--VISITOR SERVICES
124. The authority citation for part 8360 is revised to read as
follows:
Authority: 43 U.S.C. 1733, 1740; 43 U.S.C. 315a; 16 U.S.C. 670h;
16 U.S.C. 460l-6a; 16 U.S.C. 1246.
125. Section 8360.0-5 is amended by removing paragraph (a), by
removing all of the remaining lettered paragraph designations in the
section, and by placing the remaining definitions in alphabetical
order.
PART 8560--WILDERNESS AREAS
126. The authority citation for part 8560 is revised to read as
follows:
Authority: 43 U.S.C. 1733, 1740, 1782; 16 U.S.C. 1133.
127. Section 8560.0-5 is amended by removing paragraphs (b) and
(c), by removing all of the remaining lettered paragraph designations
in the section, and by placing the remaining definitions in
alphabetical order.
PART 9210--FIRE MANAGEMENT
128. The authority citation for part 9210 is revised to read as
follows:
Authority: 43 U.S.C. 1733, 1740.
129. Section 9212.0-5 is amended by removing paragraphs (b), (f),
and (g), by removing all of the remaining lettered paragraph
designations in the section, and by placing the remaining definitions
in alphabetical order.
[FR Doc. 96-29305 Filed 11-18-96; 8:45 am]
BILLING CODE 4310-84-P
