[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13595]


[[Page Unknown]]

[Federal Register: June 6, 1994]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 1720, 2070, 2510, and 8350

[WO-260-4212-02-24 1A; Circular No. 2656]
RIN 1004-AB98

 

Homesteading; Designation of Areas and Sites; Programs and 
Objectives

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This administrative final rule removes Bureau of Land 
Management (BLM) regulations on programs and objectives, designation of 
areas and sites, homesteads, and established areas from the Code of 
Federal Regulations. These regulations are obsolete either because 
their authorities have expired or been repealed, or they have been 
superseded by other regulations or supplanted by BLM Manual provisions.

EFFECTIVE DATE: June 6, 1994.

ADDRESSES: Inquiries and suggestions should be sent to: Director (260), 
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Jim Paugh, (307) 775-6306.

SUPPLEMENTARY INFORMATION: Parts 1720, 2070, 2510, and subpart 8352 of 
title 43 of the Code of Federal Regulations are being removed in this 
administrative final rule. In some instances, the statutory authorities 
prompting a part either have been repealed or have expired. In other 
cases, the provisions of a part have been superseded by other 
regulations or replaced by BLM Manual provisions.
    Part 1720, which is being removed by this rule, lists policies 
pertaining to the disposal and management of the public lands as 
managed by BLM before the enactment of the Federal Land Policy and 
Management Act of 1976 (FLPMA), 43 U.S.C. 1700 et seq. These pre-FLPMA 
policies were based, to a considerable extent, on the Classification 
and Multiple Use Act, which expired according to its own terms on 
December 23, 1970. The BLM's post-FLPMA management and disposal 
policies now are reflected not only in FLPMA, but also in BLM's land 
use planning regulations, along with its other management- or disposal-
related regulations, and its manualized instructions to BLM personnel. 
The BLM's Manual is open to public inspection. See 43 CFR 2.3.
    Part 2510 pertains to the homestead laws that were repealed on 
October 21, 1976 (as to Alaska, October 21, 1986), by FLPMA. Because 
homestead entries no longer can be made with regard to the public lands 
of the United States, the regulations in this part are no longer 
needed.
    Part 2070 and subpart 8352 were used to designate areas and sites. 
The types of designations referred to in these provisions have all been 
superseded by designations created in FLPMA and other laws. Such 
designations include areas of critical environmental concern, covered 
in 43 CFR part 1600; national conservation areas and national 
recreation areas, covered in various specific resource management 
regulations; wilderness, covered in part 8560; and national trails and 
rivers, covered in part 8350.
    Because this final rule is an administrative action to remove 
obsolete provisions, it has been determined that it has no impacts on 
the public. The Department of the Interior, therefore, for good cause 
finds under 5 U.S.C. 553(b)(B) and 553(d)(3) that notice and public 
procedure thereon are unnecessary and that this rule may take effect 
upon publication.
    The principal author of this final rule is Jim Paugh of the BLM 
Wyoming State Office, assisted by the staff of the Division of 
Legislation and Regulatory Management, BLM.
    Because this final rule is a purely administrative regulatory 
action having no effects upon the public or the environment, it has 
been determined that the rule is categorically excluded from review 
under section 102(2)(C) of the National Environmental Policy Act (42 
U.S.C. 4332(2)(C)).
    This rule was not subject to review by the Office of Management and 
Budget under Executive Order 12866.
    As required by Executive Order 12630, the Department of the 
Interior has determined that the rule would not cause a taking of 
private property. No private property rights would be affected by a 
rule that merely removes obsolete regulations no longer governing 
activities on the public lands. The Department therefore certifies that 
this proposed rule does not represent a governmental action capable of 
interference with constitutionally protected property rights.
    Further, the Department has determined under the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) that it will not have a 
significant economic impact on a substantial number of small entities. 
Removing obsolete regulations that no longer govern activities on the 
public lands will have no economic effect whatsoever.
    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.
    The Department has certified to the Office of Management and Budget 
that this proposed rule meets the applicable standards provided in 
sections 2(a) and 2(b)(2) of Executive Order 12778.

List of Subjects

43 CFR Part 1720

    Forests and forest products, Grazing lands, Natural resources, 
Public lands, Public lands-mineral resources, Public lands-sale, 
Recreation and recreation areas, Watersheds, Wilderness areas, 
Wildlife.

43 CFR Part 2070

    Natural resources, Public lands, Public lands-classification, 
Recreation and recreation areas.

43 CFR Part 2510

    Homesteads, Irrigation, Reclamation.

43 CFR Part 8350

    National Trails System, National Wild and Scenic Rivers System, 
Penalties, Public lands.

    For the reasons stated in the preamble, and under the authority of 
section 310 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1740), chapter II, subtitle B, title 43 of the Code of Federal 
Regulations, is amended as set forth below:

PART 1720--[REMOVED]

    1. Part 1720 is removed.

PART 2070--[REMOVED]

    2. Part 2070 is removed.

PART 2510--[REMOVED]

    3. Part 2510 is removed.

PART 8350--[AMENDED]

    4. The authority citation for 43 CFR part 8350 continues to read as 
follows:

    Authority: 16 U.S.C. 1241, 16 U.S.C. 1271, 43 U.S.C. 1701 et 
seq.

    5. Part 8350 is amended by removing subpart 8352, consisting of 
sections 8352.0-1, 8352.0-2, 8352.0-5, 8352.0-6, 8352.1, 8352.2, 
8352.3, and 8352.4.

    Dated: May 11, 1994.
Nancy Keir Hayes,
Assistant Secretary of the Interior.
[FR Doc. 94-13595 Filed 6-3-94; 8:45 am]
BILLING CODE 4310-84-P