[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51376-51377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26005]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5510

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: Final rule.

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SUMMARY: This final rule completely removes certain sections of Title 
43, Code of Federal Regulations (CFR), which govern the free use of 
timber on public lands and upon oil and gas leases. The rule also 
removes cross references to these sections. These regulations are 
obsolete and have not been used in many years. Removing them meets one 
of the objectives of President Clinton's regulatory reform initiative--
to eliminate outdated and unnecessary regulations from the CFR.

EFFECTIVE DATE: October 31, 1997.

ADDRESSES: You may send inquiries or suggestions to: Director (630), 
Bureau of Land Management, 1849 C Street, NW, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Jeff Holdren, (202) 452-7779 
(Commercial or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule
II. Procedural Matters

I. Background and Discussion of Final 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 the Bureau of Land Management (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Policy and Management Act of 1976, (90 Stat. 2787), repealed the 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 because they now have access to modern 
industrial techniques.
    Because Sections 5511.1-2 and 5511.1-4 are obsolete and have no 
pending applications, the BLM published a proposed rule in the 
September 13, 1996, Federal Register, 61 FR 48455, to completely remove 
them from 43 CFR. The public was given a 30-day period in which to 
submit comments on the proposed rule. BLM did not receive any comments.
    BLM is making a conforming change to the final rule that will 
remove the cross references to Sections 5511.1-2 and 5511-1-4 that 
appear at 5511.2-1(a), 5511.2-5, and 5511.4(b)(2) in 43 CFR. In all 
other respects, the final rule is the same as the proposed rule.

II. Procedural Matters

National Environmental Policy Act of 1969

    BLM has prepared an environmental assessment (EA) and has found 
that this 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). No environmental impact statement will be 
prepared. BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the BLM Administrative Record, Room 401, 1620 
L Street, NW, Washington, D.C. The notice of proposed rulemaking 
inaccurately reported at 61 FR 48456 that the rule was categorically 
excluded from the NEPA process.

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. Based on the discussion in the preamble 
above, that the rule merely removes redundant and unnecessary 
requirements, BLM anticipates that this final rule will have no 
significant impact on the public at large. Therefore,

[[Page 51377]]

BLM has determined under the RFA that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    Removal of sections 5511.1-2, 5511-1.4, 5511.2-1(a), 5511.2-5, and 
5511-4(b)(2) of 43 CFR will not result in any unfunded mandate to 
State, local or tribal governments in the aggregate, or to the private 
sector, of $100 million or more in any one year.

Executive Order 12612

    The final rule will not have a 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 final rule does not represent a government action capable of 
interference 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 final 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 final rule is not a significant 
regulatory action. As such the final 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, Civil Justice Reform.

Report to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, BLM submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office before publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Author

    The principal author of this final rule is Frances Watson, 
Regulatory Affairs Group, Bureau of Land Management, 1849 C Street, 
N.W., Room 401 LS, Washington, D.C. 20240; Telephone 202/452-5006.

List of Subjects in 43 CFR Part 5510

    Forests and forest products, Public lands.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, Part 5510 of Title 43 of the Code of Federal 
Regulations 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]

    2. Section 5511.1-2 is removed.


Sec. 5511.1-4  [Removed]

    3. Section 5511.1-4 is removed.


Sec. 5511.2-1  [Amended]

    4. Section 5511.2-1 is amended by removing paragraph (a) and 
removing the paragraph designation (b).


Sec. 5511.2-5  [Removed]

    5. Section 5511.2-5 is removed.


Sec. 5511.4  [Amended]

    6. Section 5511.4 is amended by removing and reserving paragraph 
(b)(2).

    Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 97-26005 Filed 9-30-97; 8:45 am]
BILLING CODE 4310-84-P