[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Proposed Rules]
[Pages 48455-48456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23333]
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DEPARTMENT OF THE INTERIOR
43 CFR Part 5510
[WO-350-1430-00 24 1A]
RIN 1004-AC92
Use by Settlers and Homesteaders of Timber on Their Pending
Claims and Free Use of Timber Upon Oil and Gas Leases
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
regulations which govern the free use of timber on public lands and
upon oil and gas leases because they are obsolete and have not been
used in many years.
DATES: Submit comments by October 15, 1996. BLM may, but need not,
consider comments received or postmarked after this date in preparing
the final rule.
ADDRESSES: Comments 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, 1949 C Street, NW, Washington, DC
20240. Commenters may transmit comments electronically via the Internet
to: [email protected]. [For internet, please include
``Attn: AC92'', 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:
Jeff Holdren, (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
[[Page 48456]]
recommended change. Where possible, comments should reference the
specific section or paragraph of the proposal being addressed. If
comments are received after the close of the comment period (see DATES)
or delivered to an address other than the one listed above (see
ADDRESSES), BLM will not necessarily consider or include them in the
Administrative Record for the final rule.
II. Discussion of Proposed Rule
Section 5511.1-2 of 43 CFR describes procedures that homesteaders
may use to obtain free use of timber on public lands. However, no
applications have been submitted to BLM under this subpart for many
years, principally because of two laws. First, the Taylor Grazing Act
of June 28, 1934 (43 U.S.C. 315-315r), requires that lands be
classified for the proposed use before occupancy on the land is
allowed. Secondly, section 702 of the Federal Land Policy and
Management Act of 1976 (FLPMA), 90 Stat. 2787, repealed the homestead
laws which, in effect, rendered unnecessary the regulatory requirements
of Section 5511.1-2.
Similarly, the procedures under Section 5511.1-4, which lessees
must use to obtain free use of timber on oil and gas leases, are
outmoded. No applications under this subpart have been submitted to BLM
in many years, principally because oil and gas lessees no longer need
to use timber on their leases. Lessees now have access to modern
industrial techniques.
Because Sections 5511.1-2 and 5511.1-4 are obsolete and there are
no pending applications, these regulations serve no useful purpose.
Removing these subparts will meet an objective of the Administration to
eliminate outdated and unnecessary regulations from the CFR.
III. Procedural Matters
National Environmental Policy Act of 1969
The proposed rule is administrative and procedural in nature. It,
therefore, is categorically excluded from the study process required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4331(2)(C)),
pursuant to 516 Departmental Manual (DM), Chapter 2, Item 1.10, and it
would not meet any of the 10 criteria for exceptions to categorical
exclusions listed in 516 DM 2, Appendix 2. Under the Council on
Environmental Quality regulations (40 CFR 1508.4) and 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. Neither an environmental
assessment nor an environmental impact statement is required for
categorically excluded actions.
Paperwork Reduction Act
The proposed rule does not contain information collection
requirements that the Office of Management and Budget must approve
under 44 U.S.C. 3501 et seq.
Regulatory Flexibility Act
BLM has determined that the proposed rule will not have a
significant economic effect 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
This proposed rule does not include any Federal mandate that may
result in expenditures of $100 million or more in any one year by
State, local, or tribal governments, in the aggregate, or by the
private sector. Therefore, a Section 202 statement under the Unfunded
Mandates Reform Act is not required.
Executive Order 12612
BLM has analyzed this rule under the principles and criteria in
Executive Order 12612, Federalism, and has determined that the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Executive Order 12630
BLM certifies that the rule does not represent a governmental
action capable of interference with constitutionally protected property
rights. Thus, a Takings Implication Assessment need not be prepared
under Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.
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, Civil Justice Reform.
Executive Order 12866
The proposed rule does not meet the criteria for a significant
regulatory action requiring review by the Office of Management and
Budget under Executive Order 12866, Regulatory Planning and Review.
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 5510
Forests and forest products, Public lands.
For the reasons stated in the preamble, 43 CFR part 5510 is amended
as follows:
PART 5510--[AMENDED]
1. The authority citation for part 5510 continues to read as
follows:
Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat.
1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41
Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43
U.S.C. 1201, 30 U.S.C. 189.
Sec. 5511.1-2 [Removed]
Sec. 5511.1-4 [Removed]
2. Sections 5511.1-2 and 5511.1-4 are removed.
Dated: September 4, 1996.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 96-23333 Filed 9-12-96; 8:45 am]
BILLING CODE 4310-84-M