[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47855-47856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22703]
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DEPARTMENT OF THE INTERIOR
43 CFR Part 2200
[WO-420-1050-00-24 1A]
RIN 1004-AC97
National Forest Exchanges
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule deletes the regulations which address
National Forest Exchanges. This section is no longer needed because it
duplicates material contained in BLM's general exchange regulations as
well as in the Forest Service's land exchange regulations. BLM proposes
to extend the general exchange regulations to include National Forest
System lands.
DATES: Any comments must be received by BLM on or before October 11,
1996. Comments received after the above date will not necessarily be
considered in the decisionmaking process on the final rule.
ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land
Management, Administrative Record, Room 401, 1620 L St., NW,
Washington, DC, or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW, Washington, DC
20240. Commenters may transmit comments electronically via the Internet
to: [email protected] [For internet, please include
``Attn.: AC##'', your name, and return address in your message.]
Comments will be available for public review at the L Street
address during regular business hours from 7:45 a.m. to 4:15 p.m.,
Monday through Friday, except holidays.
FOR FURTHER INFORMATION CONTACT:
Ted Milesnick, Special Areas and Land Tenure Team, Bureau of Land
Management, at (202) 452-7727.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background and Discussion of Proposed Rule
III. Procedural Matters
I. Public Comment Procedures
Written Comments
Written comments on the proposed rule should be specific, should be
confined to issues pertinent to the rule, and should explain the reason
for any recommended change. Where possible, comments should reference
the specific section or paragraph of the proposal which the comment
addresses. BLM may not necessarily consider or include in the
Administrative Record for the rule comments which BLM receives after
the close of the comment period (See DATES) or comments delivered to an
address other than those listed above (see ADDRESSES).
II. Background and Discussion of Proposed Rule
BLM is deleting 43 CFR Subpart 2202 because it virtually duplicates
sections contained elsewhere in BLM's regulations at 43 CFR 2201.1-2.
Subpart 2202 requires that exchange proposals for the consolidation or
extension of national forests be filed with the appropriate officer of
the Forest Service. It further says that a request may be made to BLM
to segregate the National Forest System lands involved in the exchange
from appropriation under the public land laws and the mineral laws and
also that any interests of the United States in the non-Federal lands
to be acquired may be segregated from the mineral laws. The period of
these segregations would not exceed 5 years from the date of notation.
Similar language can be found at section 2201.1-2 (as well as in
the
[[Page 47856]]
Forest Service regulations at 36 CFR Part 254, Subpart A) with only two
differences, First, section 2201.1-2 does not include the authorities
cited at section 2202.1(a) for the exchange of National Forest System
lands, or the statement that proposals for exchange of such lands must
be filed with the Forest Service in accordance with 36 CFR Part 254.
Secondly, section 2201.1-2 currently applies to ``Federal lands,''
i.e., lands administered by BLM, and not to National Forest System
lands. However, BLM proposes to amend this section to apply its
provisions to National Forest System lands as well (in harmony with
Forest Service regulations at 36 CFR 254.6.) This will insure that the
removal of 43 CFR 2202 does not alter any existing rights or
obligations. This proposed rule accomplishes that amendment, renders
subpart 2202 completely redundant and unnecessary, and removes subpart
2202 from the Code of Federal Regulations.
III. Procedural Matters
National Environmental Policy Act
BLM has determined that this proposed rule makes no substantive
changes to the Code of Federal Regulations, because it is limited to
removing provisions which are found in their entirety elsewhere in
Title 43 of the CFR and are therefore wholly unnecessary. Therefore,
this change is purely technical in nature and is categorically excluded
from environmental review under section 102(2)(C) of the National
Environmental Policy Act, pursuant to 516 Departmental Manual (DM),
Chapter 2, Appendix 1, Item 1.10. Furthermore, the rule does not meet
any of the 10 criteria for exceptions to categorical exclusions listed
in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental
Quality regulations (40 CFR 1508.4) and the environmental policies and
procedures of the Department of the Interior, the term ``categorical
exclusions'' means a category of actions that do not individually or
cumulatively have a significant effect on the human environment and
that have been found to have no such effect in procedures adopted by a
Federal agency and for which neither an environmental assessment nor an
environmental impact statement is required.
Paperwork Reduction Act
This rule does not contain 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, 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.
Unfunded Mandates Reform Act
Removal of 43 CFR part 2202 will not result in any unfunded mandate
to state, local or tribal governments in the aggregate, or to the
private sector, of $100,000,000 or more in any one year.
Executive Order 12612
The proposed rule would not have sufficient federalism implications
to warrant BLM's preparation of a Federalism Assessment.
Executive Order 12630
The proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. Section
2(a)(1) of Executive Order 12630 specifically exempts actions
abolishing regulations or modifying regulations in a way that lessens
interference with private property use from the definition of
``policies that have takings implications.'' Since the primary function
of the 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 proposed rule is not a
significant regulatory action. As such, the rule is not subject to
Office of Management and Budget review under section 6(a)(3) of the
order.
Executive Order 12988
The Department 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 Ted Milesnick, Bureau of Land
Management, 1849 C Street, NW., Washington, DC 20240; Telephone: 202-
452-7727 (Commercial or FTS).
List of Subjects in 43 CFR Part 2200
National forests; Public lands.
For the reasons stated in the preamble, part 2200, group 2200,
subchapter B, chapter II of title 43 of the Code of Federal Regulations
is amended as set forth below:
PART 2200--[Amended]
1. The authority citation for part 2200 continues to read as
follows:
Authority: 43 U.S.C. 1716, 1740.
2. Section 2201.1-2 is amended to add paragraph (e) to read as
follows:
Sec. 2201.1-2 Segregative effect.
* * * * *
(e) The provisions of this section apply equally to proposals to
exchange National Forest System lands under the authority and
provisions of the Act of March 20, 1922, 42 Stat. 465, as amended, 16
U.S.C. 485, and the Federal Land Policy and Management Act of 1976, 43
U.S.C. 1701 et seq., except that if a proposal is made to exchange
National Forest System lands, which proposal shall be filed in
compliance with 36 CFR part 254, the authorized officer may request
that the appropriate BLM State Office segregate such lands by a
notation on the public land records.
2. Subpart 2202 is removed in its entirety.
Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22703 Filed 9-10-96; 8:45 am]
BILLING CODE 4310-84-M
