[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Proposed Rules]
[Pages 56496-56497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27580]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2090

[WO-350-1430-00-24 1A]
RIN 1004-AC65


Nonmineral Entries on Mineral Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove the 
regulations concerning Nonmineral Entries on Mineral Lands, in its 
entirety. This action is undertaken because this subpart consists of 
redundant and unnecessary requirements.

DATES: Any comments must be received by BLM at the address below on or 
before December 2, 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 
Street, NW., Washington, D.C., or mail comments to the BLM, 
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, D.C. 
20240. Commenters may transmit comments electronically via the Internet 
to: WOC[email protected] [For Internet, please include ``attn: AC65'', 
your name and address in your message. If you do not receive a 
confirmation from the system that we have received your internet 
message, contact us directly. Comments will be available for public 
review at the L Street address during regular business hours, 7:45 a.m. 
to 4:15 p.m., Monday through Friday, except Holidays.

FOR FURTHER INFORMATION CONTACT:
Chris Fontecchio, Regulatory Affairs Group, BLM, at (202) 452-5012.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background and Discussion of Proposal
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 this 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 
commenter is addressing. Comments should specifically address why any 
or all of the provisions of subpart 2093 should be deleted. 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 above) or comments delivered to an address 
other than those listed (see ADDRESSES above).

II. Background and Discussion of Proposal

    These regulations were enacted pursuant to a series of statutes 
dating back to 1902. Most of subpart 2093 is a review of the various 
statutory authorities governing nonmineral entries on mineral lands, 
and the remainder of this subpart sets out BLM procedures for 
processing claims and other actions under these statutes.
    The portions of this subpart which reiterate statutory language are 
unnecessarily duplicative and can be removed. These portions are found 
in sections 2093.0-3; 2093.1-1, 2093.1-2; 2093.2-1; 2093.2-2; 2093.3-1; 
2093.3-4; 2093.3-5; 2093.4-1; and 2093.5-1.
    The remaining sections contain procedures enacted to help BLM to 
carry out its statutory duties. These sections have become largely 
obsolete; nonmineral entries on mineral lands are extremely rare and 
unlikely to become any more widespread, given the scarcity of land on 
which such entries could be available in the foreseeable future and the 
repeal of the homestead laws. BLM has not used this subpart in over ten 
years.
    In addition, while BLM cannot determine with certainty that there 
are no applications pending anywhere in the United States, the few 
which might remain do not require an extensive, formal procedural 
program. Rather, BLM can consider each application based on the 
guidance provided by the applicable statutes. A comment period is 
provided to give applicants or other interested parties an opportunity 
to voice any particular concerns that this removal action might raise. 
Finally, these procedures govern BLM's internal working and are best 
suited for publication in the BLM Manual.

III. 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

[[Page 56497]]

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's 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

    This proposed rule does not contain information collection 
requirements subject to Office of Management and Budget approval under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    BLM has determined under the Regulatory Flexibility Act, 5 U.S.C. 
Sec. 601 et seq., 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 subpart 2093 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 will not have substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, BLM has determined that this proposed rule does not have 
sufficient federalism implications to warrant preparation of a 
Federalism assessment.

Executive Order 12630

    The proposed rule is not a government action that interferes 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 proposed rule is H. W. Moritz, BLM, 
849 C Street, NW., Washington, D.C. 20240. Telephone: 202-452-0362 
(commercial or FTS).

List of Subjects in 43 CFR Part 2090

    Airports; Alaska; Coal; Grazing lands; Indians-lands, Land 
Management Bureau; Public lands; Public lands-classification; Public 
lands-mineral resources; Public lands-withdrawal; Seashores; Veterans.
    For the reasons set forth in the preamble and under the authorities 
contained within 43 U.S.C. 1740, subpart 2093 of part 2090, group 2000, 
subchapter B, chapter II of Title 43 of the Code of Federal Regulations 
is proposed to be amended as set forth below:

PART 2090--SPECIAL LAWS AND RULES

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

    Authority: 43 U.S.C. 1740; 43 U.S.C. 1201.

PART 2090--[AMENDED]

    2. Part 2090 is amended by removing subpart 2093.

    Dated: October 21, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-27580 Filed 10-31-96; 8:45 am]
BILLING CODE 4310-84-M