[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Proposed Rules]
[Pages 51666-51667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25402]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2760

RIN 1004-AC91


Reclamation Projects, Grant of Lands in Reclamation Townsites for 
School Purposes

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule proposes the removal 43 CFR part 2760 in its 
entirety. This action is being undertaken because the regulations 
consist of outdated material and statutory recitations, and these 
subparts can be removed without any significant effect.

DATES: Any comments must be received by Bureau of Land Management (BLM) 
at the address below on or before December 2, 1996. Comments received 
which are postmarked 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 [email protected]. Please include ``attn: RIN 1004AC91'' 
in your message. If you do not receive a confirmation from the system 
that we have received your internet message, contact us directly during 
regular business hours. You will be able to review comments at BLM's 
Regulatory Management Team office, Room 401, 1620 L St., NW., 
Washington, DC, 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. 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

    The existing regulations at 43 CFR part 2760 were created for BLM 
to assist the Bureau of Reclamation in disposing of lands through 
public sale or grants to townsites for school purposes. BLM proposes to 
remove these regulations because they contain no applicable, 
substantive provisions beyond what is already in the statutes.
    Subpart 2764 consists entirely of unnecessary material. Sections 
2764.1 and 2764.3 concern procedures the Commissioner of Reclamation 
must follow when appraising and selling the lots at issue. These 
provisions are derived from 43 U. S.C. 561-573, and serve the 
informational purpose of informing the public of the role assumed by 
the Bureau of Reclamation in this program. However, the regulations are 
redundant, and BLM regulations cannot bind the Bureau of Reclamation; 
therefore, these two sections have no substantive effect. The remaining 
sections of subpart 2764 are direct recitations of statutory language: 
section 2764.2 repeats 43 U.S.C. 564-565, and section 2764.4 largely 
repeats 43 U.S.C. 566. Finally, the last sentence of section 2764.4, 
the part which does not merely repeat the statute, is outdated, as 
evidenced by its reference to a CFR section that no longer exists.
    Subpart 2765 consists of the filing procedures school districts 
must follow when applying for a land grant for school purposes. These 
regulations elaborate on the statutory provisions at 43 U.S.C. Sec. 570 
authorizing the Secretary of the Interior to grant school districts up 
to six acres from a reclamation townsite. However, BLM wishes to remove 
these regulations to give itself and the Bureau of Reclamation added 
flexibility in processing the rare application for a school grant. 
Rather than requiring the school district to submit the lengthy 
requirements currently contained in section 2765. 1, BLM would only ask 
that an application be submitted which complies with any Bureau of 
Reclamation requirements and is otherwise adequate to inform BLM of its 
request. The substantive provisions currently contained in subpart 
2765, such as the reversion held by the United States in the event the 
land is used for purposes other than a school, are entirely contained 
in the statute at Sec. 570.

III. Procedural Matters

National Environmental Policy Act

    BLM has determined that because this proposed rule only eliminates 
provisions that have no impact on the public and no continued legal 
relevance, it 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. In 
addition, this action 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 which 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 proposed 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

    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

[[Page 51667]]

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 2760 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 deletion of ``policies 
that have takings implications.'' Since the primary function of the 
proposed rule is to abolish unnecessary regulations, there will be no 
private property rights impaired as a result. Therefore, BLM 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 proposed 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 proposed rule is Jeff Holdren, Bureau 
of Land Management, Realty Use Group, 1849 C Street, NW, Washington, DC 
20240; Telephone 202/452-7779.

List of Subjects for 43 CFR Part 2760

    Land Management Bureau; Public lands--sale; Reclamation; Schools.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 2760 of Group 2700, Subchapter C, Chapter II of 
Title 43 of the Code of Federal Regulations is proposed to be amended 
as set forth below:

PART 2760--[REMOVED]

    1. Part 2760 is removed in its entirety.

     Dated: September 27, 1996.
Sylvia V. Baca,
Assistant secretary of the Interior.
[FR Doc. 96-25402 Filed 10-2-96; 8:45 am]
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