[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 47855]] 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