[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47725-47726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22705]


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DEPARTMENT OF THE INTERIOR
43 CFR Part 2610

[WO-350-1430-00-24 1A]
RIN 1004-AC80


Carey Act Grants

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In response to President Clinton's Government-wide regulatory 
reform initiative, the Bureau of Land Management proposes to remove the 
regulations concerning Carey Act Grants, because the provisions are 
obsolete. Since 1980 when regulations were issued, only one public land 
State has applied for a grant of desert lands under the Carey Act.

DATES: Submit comments by October 10, 1996. BLM may, but need not, 
consider comments received or postmarked after this date in preparing 
the final rule.

ADDRESSES: If your wish to comment, you 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. You also may transmit comments electronically via 
the Internet to [email protected]. Please include ``attn: 
RIN 1004-AC80'' in your message. If you do not receive a confirmation 
from the system that we have received your internet message, contact us 
directly. You will be able to review comments at BLM's Regulatory 
Management Team office, Room 401, 1620 L St., NW., Washington, D.C., 
during regular business hours (7:45 a.m. to 4:15 p.m.) Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT:
 Jeff Holdren, Bureau of Land Management, Realty Use Group, at 202-452-
7779.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Discussion of Proposed Rule
III. Procedural Matters.

I. Public Comment Procedures

    Written comments on the proposed rule should be specific, focus on 
issues pertinent to the proposed rule, and explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal being addressed. BLM may, 
but need not consider or include in the Administrative Record for the 
final rule comments received or postmarked after the close of the 
comment period (see DATES) or delivered to an address other than the 
one listed above (see ADDRESSES).

II. Discussion of Proposed Rule

    Part 2610 of 43 CFR implements Section 4 of the Carey Act, 43 
U.S.C. 641 et seq. The Act authorizes the Secretary of the Interior, 
through BLM State Directors, to grant and patent up to one million 
acres of desert lands to individual States and to grant and patent 
additional acreage to certain States, to aid these public land States 
in the reclamation of desert lands, and the settlement, cultivation, 
and sale of such lands, by small tracts, to actual settlers.
    These regulations were issued in 1980 when several of the arid 
western States indicated a desire to use the provisions of the Act to 
encourage reclamation of lands that had potential for agricultural 
production. However, the conditions in the west are such that although 
some public lands are available with the capability for agricultural 
production, there is limited or no water that can be allocated for the 
large projects envisioned by the Act. As a result, to BLM's knowledge 
there has been only one application since 1980 for a Carey Act grant of 
desert lands.

III. Procedural Matters

National Environmental Policy Act of 1969

    The BLM has prepared a draft environmental assessment (EA), and has 
made a tentative finding that the final 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 (NEPA), 42 U.S.C. 4332(2)(C). The BLM anticipates 
making a Finding of No Significant Impact (FONSI) for the final rule in 
accordance with the BLM's procedures under NEPA. The BLM has placed the 
EA on file in the BLM Administrative Record at the address specified 
previously. The BLM will complete an EA on the final rule and make a 
finding on the significance of any resulting impacts prior to 
promulgation of the final rule.

Paperwork Reduction Act

    The proposed rule does not contain information collection 
requirements that

[[Page 47726]]

the Office of Management and Budget must approve under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    BLM has determined that the proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995

    Pursuant to the requirements of section 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA), BLM has selected the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule. Removal of 43 CFR part 2610 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 the 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.

Author

    The principal author of this rule is Jeff Holdren, Realty Use 
Group, (202) 452-7779, assisted by Frances Watson, Regulatory 
Management Team, (202) 452-5006.

List of Subjects in 43 CFR Part 2610

    Homesteads, Intergovernmental relations, Irrigation, Public lands--
grants, Reclamation.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, BLM proposes to remove part 2610 of group 2600, 
subchapter B, chapter II of title 43 of the Code of Federal 
Regulations.

    Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22705 Filed 9-9-96; 8:45 am]
BILLING CODE 4310-84-M