[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47853-47855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22702]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2090, 2110, and 2130

[WO-420-1050-00-24 1A]
RIN 1004-AC98


Gifts; Acquisition of Lands or Interest in Lands by Purchase or 
Condemnation

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove

[[Page 47854]]

the regulations that explain the procedures for donating land to the 
Department of the Interior, and those that describe the Department's 
authority to acquire land by purchase or condemnation under the King 
Range National Conservation Area Act. These regulations are either 
statements of policy, internal procedures, or restatements of statutory 
provisions. BLM believes, therefore, that they can be deleted without 
having any substantive impact on the public.

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: If you 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 WOCommentWO0033wp.wo.blm.gov. Please include ``attn:[D. Beaver, RIN 
1004-AC ____]'' 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: David Beaver, Bureau of Land 
Management, 1849 C Street, NW., Washington, DC 20240; Telephone: 202-
452-7788.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. 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 proposed 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 will not necessarily consider or include in the 
Administrative Record for the final 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

    This rule is part of an initiative that BLM is undertaking to make 
its regulations more understandable and relevant. We are doing this by 
limiting our regulatory material as much as possible to requirements 
affecting the public in order to carry out our programs under the law. 
Regulations that do not meet this test are removed and, if necessary, 
placed in other more appropriate publications, such as manuals and 
brochures. The regulations to be removed by this rule are repetitive of 
statutory language, informational, or obsolete. BLM does not require 
that these procedures any longer exist in the Code of Federal 
Regulations.

III. Discussion of Proposed Rule

    The provisions of 43 CFR part 2110, with the exception of Section 
2111.4-Status of Lands, and 43 CFR part 2130 have no substantive 
purpose and can be placed in the BLM manual or in other publications 
readily available to the public. Subpart 2110 merely restates statutory 
provisions found in various sections of the U.S. Code, including two 
statutory sections that have been repealed. The only exception is the 
purpose statement of subsection 2110.0-1, which provides statements of 
policy concerning the Secretary's discretion to accept gifts of land. 
Since its non-binding terms do not materially affect the public at 
large, this provision will be removed in order to enhance flexible 
decision-making. Subsection 2111.4 will be retained in 43 CFR subpart 
2091; the remainder of 43 CFR subpart 2111 largely exists already in 
the BLM Manual/Handbook (H-2101-1), and any aspect not already found in 
the Manual/Handbook can be incorporated therein.
    The provisions of 43 CFR part 2130 are unnecessary because they 
either merely restate statutory language, or contain policy directives 
which should be relocated to the BLM Manual/Handbook. Subpart 2130 
consists entirely of restatements of the King Range National 
Conservation Area Act, 16 U.S.C. 460y, concerning the authority of the 
Secretary to purchase and condemn lands. Subpart 2137 contains two 
policy statements that should be relocated to the BLM Manual/Handbook: 
subsection 2137.0-7 concerns BLM's policy of appraising acquired 
property, an internal procedure derived from 16 U.S.C. Sec. 460y-4(4); 
and subsection 2137.0-9 concerns the BLM policy of resorting to eminent 
domain as a last option. With the exception of 43 CFR 2111.4, which 
this rule will relocate to part 2091, no portion of either part 2110 or 
part 2130 contains any necessary substance which guides the public in 
any meaningful way; rather, the regulations to be removed serve only to 
guide BLM decisions, or no purpose at all. Therefore, removing and 
relocating these sections as described above will streamline the Code 
of Federal Regulations and enhance BLM's efficiency without materially 
affecting the public.

IV. Procedural Matters

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA), and has 
found that the proposed 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 has placed the EA and the 
Finding of No Significant Impact (FONSI) on file in the BLM 
Administrative Record at the address specified previously. The BLM 
invites the public to review these documents by contacting us at the 
addresses listed above (see ADDRESSES), and suggests that anyone 
wishing to submit comments in response to the EA and FONSI do so in 
accordance with the Written Comments section above, or contact us 
directly.

Paperwork Reduction Act

    The proposed 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. BLM has determined under the RFA 
that this proposed 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 proposed rule is not a significant 
regulatory

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action. As such, the proposed rule is not subject to Office of 
Management and Budget review under section 6(a)(3) of the order.

Unfunded Mandates Reform Act

    This rule 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 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 proposed rule is to abolish unnecessary regulations, it does not 
raise takings implications, or require further discussion 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 rule is David Beaver, Bureau 
of Land Management, 1849 C Street, NW., Washington, DC 20240; 
Telephone: 202-452-7788 (Commercial of FTS).

List of Subjects

43 CFR Part 2090

    Airports, Alaska, Coal, Grazing lands, Indians-lands, Public lands, 
Public lands-classification, Public lands-mineral resources, Public 
lands-withdrawal, Seashores.

43 CFR Part 2110

    Government Property, Public lands.

43 CFR Part 2130

    Public lands.

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

PART 2090--[AMENDED]

    1.The authority for part 2090 is revised to read as follows:

    Authority:16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641, 
1201, 1624, 1740.

    2. Newly redesignated 2091.8 is revised to read as follows:


Sec. 2091.8  Status of gift lands.

    Upon acceptance by the United States, through the Secretary of the 
Interior, of a deed of conveyance as a gift, the lands or interests so 
conveyed will become property of the United States but will not become 
subject to applicable land and mineral laws of this title unless and 
until an order to that effect is issued by BLM.

PART 2110--GIFTS


Sec. 2111.4  [Redesignated Sec. 2091.8]

    3. Section 2111.4 is redesignated as Sec. 2091.8 in subpart 2091.

PART 2110--[REMOVED]

    4. Part 2110 is removed in its entirety.

PART 2130--[REMOVED]

    5. Part 2130 is removed in its entirety.

    Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22702 Filed 9-10-96; 8:45 am]
BILLING CODE 4310-84-M