[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47724-47725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22704]


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DEPARTMENT OF THE INTERIOR
Bureau of Land Management

43 CFR Part 2560

RIN 1004-AC90


Alaska Occupancy and Use; Alaska Homestead Settlement

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule removes regulations on Alaska occupancy and 
use concerning homestead settlements. BLM takes this action because the 
Federal Government has closed homesteading in Alaska, making the 
current regulations obsolete.

EFFECTIVE DATE: This rule takes effect October 10, 1996.

FOR FURTHER INFORMATION CONTACT:
Frank Bruno, Regulatory Management Team, Bureau of Land Management, 
202-452-0352

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures
II. Background and Discussion of Final Rule
III. Procedural Matters

I. Public Comment Procedures

    The existing regulations which this rule would eliminate, 43 CFR 
subpart 2567, are obsolete and without purpose. The BLM has determined 
for good cause that notice and public procedure on this rule are 
unnecessary and contrary to the public interest, because the regulation 
that this rule removes contains only obsolete regulatory substance or 
guidance, as explained below.

II. Background and Discussion of Final Rule

    43 CFR subpart 2567 has no substantive purpose. This subpart was 
written to implement the extension of homestead laws to Alaska by the 
Act of May 14, 1898 (30 Stat. 409, 43 U.S.C. 270). This Act was 
repealed by section 703 of the Federal Land Policy and Management Act 
of 1976 (FLPMA), 43 U.S.C. 1701 et seq., effective in 1986. At this 
time there are no pending homesteads in Alaska, nor will the Bureau 
open lands for homesteading in the future. In addition, no appeals from 
the granting or denying of homestead applications are presently 
pending. Therefore, 43 CFR subpart 2567 has no continued legal 
relevance or other effect on the public at large.

III. Procedural Matters

National Environmental Policy Act

    BLM has determined that because this final rule only eliminates 
provisions that have no impact on the public and no continued legal 
relevance, it is categorically excluded from environmental review under 
section 102(2)(C) of the National Environmental Policy Act, pursuant to 
516 Department Manual (DM), Chapter 2, Appendix 1, Item 1.10. In 
addition, the final 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 which 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

    The rule does not contain information collection requirements which 
the Office of Management and Budget must approve under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 
U.S.C. 601 et seq., to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The BLM has determined under the 
RFA that this final rule would not have a significant economic impact 
on a substantial number of small entities.

Executive Order 12866

    According to the criteria listed in section 3(f) of Executive Order 
12866, BLM has determined that the final rule is not a significant 
regulatory action. As such, the rule is not subject to Office of 
Management and Budget review under section 6(a)(3) of the order.

Unfunded Mandates Reform Act

    Removal of 43 CFR subpart 2567 will not result in any unfunded 
mandate to

[[Page 47725]]

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 final rule would not have sufficient federalism implications to 
warrant BLM preparation of a Federalism Assessment (FA).

Executive Order 12630

    The final rule does not represent a government action capable of 
interfering with constitutionally protected property rights. Section 
2(a)(1) of Executive Order 12630 specifically exempts actions 
abolishing regulations or modifying regulations in a way that lessens 
interference with private property use from the definition of 
``policies that have takings implications.`` Since the primary function 
of the final rule is to abolish unnecessary regulations, there will be 
no private property rights impaired as a result. Therefore, BLM 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 12988

    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Author

    The principal author of this final rule is Frank Bruno, Regulatory 
Management Team, Bureau of Land Management, 1849 C Street, NW., 
Washington, DC 20240; Telephone 202/452-0352.

List of Subjects for 43 CFR Part 2560

    Alaska, Homesteads, Indians--Lands, Public Lands--Sale, Reporting 
and Recordkeeping requirements.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 2560, group 2500, subchapter B, chapter II of 
title 43 of the Code of Federal Regulations is amended as set forth 
below:

PART 2560--ALASKA OCCUPANCY AND USE

    1. The authority citation for part 2560 is added to read as 
follows:

    Authority: 43 U.S.C. 1201, 1740.

    2. Part 2560 is amended by removing subpart 2567 in its entirety.

    Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22704 Filed 9-9-96; 8:45 am]
BILLING CODE 4310-84-M