[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47855-47856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22703]


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DEPARTMENT OF THE INTERIOR
43 CFR Part 2200

[WO-420-1050-00-24 1A]
RIN 1004-AC97


National Forest Exchanges

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule deletes the regulations which address 
National Forest Exchanges. This section is no longer needed because it 
duplicates material contained in BLM's general exchange regulations as 
well as in the Forest Service's land exchange regulations. BLM proposes 
to extend the general exchange regulations to include National Forest 
System lands.

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: Commenters 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. Commenters may transmit comments electronically via the Internet 
to: [email protected]. [For internet, please include 
``Attn.: AC##'', your name, and return address in your message.]
    Comments will be available for public review at the L Street 
address during regular business hours from 7:45 a.m. to 4:15 p.m., 
Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:
Ted Milesnick, Special Areas and Land Tenure Team, Bureau of Land 
Management, at (202) 452-7727.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background and Discussion of Proposed Rule
III. 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 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 may not necessarily consider or include in the 
Administrative Record for the 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 and Discussion of Proposed Rule

    BLM is deleting 43 CFR Subpart 2202 because it virtually duplicates 
sections contained elsewhere in BLM's regulations at 43 CFR 2201.1-2. 
Subpart 2202 requires that exchange proposals for the consolidation or 
extension of national forests be filed with the appropriate officer of 
the Forest Service. It further says that a request may be made to BLM 
to segregate the National Forest System lands involved in the exchange 
from appropriation under the public land laws and the mineral laws and 
also that any interests of the United States in the non-Federal lands 
to be acquired may be segregated from the mineral laws. The period of 
these segregations would not exceed 5 years from the date of notation.
    Similar language can be found at section 2201.1-2 (as well as in 
the

[[Page 47856]]

Forest Service regulations at 36 CFR Part 254, Subpart A) with only two 
differences, First, section 2201.1-2 does not include the authorities 
cited at section 2202.1(a) for the exchange of National Forest System 
lands, or the statement that proposals for exchange of such lands must 
be filed with the Forest Service in accordance with 36 CFR Part 254. 
Secondly, section 2201.1-2 currently applies to ``Federal lands,'' 
i.e., lands administered by BLM, and not to National Forest System 
lands. However, BLM proposes to amend this section to apply its 
provisions to National Forest System lands as well (in harmony with 
Forest Service regulations at 36 CFR 254.6.) This will insure that the 
removal of 43 CFR 2202 does not alter any existing rights or 
obligations. This proposed rule accomplishes that amendment, renders 
subpart 2202 completely redundant and unnecessary, and removes subpart 
2202 from the Code of Federal Regulations.

III. Procedural Matters

National Environmental Policy Act

    BLM has determined that this proposed rule makes no substantive 
changes to the Code of Federal Regulations, because it is limited to 
removing provisions which are found in their entirety elsewhere in 
Title 43 of the CFR and are therefore wholly unnecessary. Therefore, 
this change is purely technical in nature and is categorically excluded 
from environmental review under section 102(2)(C) of the National 
Environmental Policy Act, pursuant to 516 Departmental Manual (DM), 
Chapter 2, Appendix 1, Item 1.10. Furthermore, the 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 that 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

    This rule does not contain information collection requirements that 
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, 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.

Unfunded Mandates Reform Act

    Removal of 43 CFR part 2202 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's 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.

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 Ted Milesnick, Bureau of Land 
Management, 1849 C Street, NW., Washington, DC 20240; Telephone: 202-
452-7727 (Commercial or FTS).

List of Subjects in 43 CFR Part 2200

    National forests; Public lands.

    For the reasons stated in the preamble, part 2200, group 2200, 
subchapter B, chapter II of title 43 of the Code of Federal Regulations 
is amended as set forth below:

PART 2200--[Amended]

    1. The authority citation for part 2200 continues to read as 
follows:

    Authority: 43 U.S.C. 1716, 1740.

    2. Section 2201.1-2 is amended to add paragraph (e) to read as 
follows:


Sec. 2201.1-2  Segregative effect.

* * * * *
    (e) The provisions of this section apply equally to proposals to 
exchange National Forest System lands under the authority and 
provisions of the Act of March 20, 1922, 42 Stat. 465, as amended, 16 
U.S.C. 485, and the Federal Land Policy and Management Act of 1976, 43 
U.S.C. 1701 et seq., except that if a proposal is made to exchange 
National Forest System lands, which proposal shall be filed in 
compliance with 36 CFR part 254, the authorized officer may request 
that the appropriate BLM State Office segregate such lands by a 
notation on the public land records.
    2. Subpart 2202 is removed in its entirety.

    Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-22703 Filed 9-10-96; 8:45 am]
BILLING CODE 4310-84-M