[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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repealed by section 703 of the Federal Land Policy and Management Act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