[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51375-51376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26007]


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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: Final rule.

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SUMMARY: This final rule amends part 2090 of Title 43 of the Code of 
Federal Regulations (CFR) to completely remove subpart 2093 because it 
is redundant and unnecessary. Subpart 2093 sets forth the various 
statutory authorities governing nonmineral entries on mineral lands, 
and describes BLM procedures for processing claims and other actions 
under those statutes.

EFFECTIVE DATE: October 31, 1997.

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

FOR FURTHER INFORMATION CONTACT: Frances Watson, Telephone: (202) 452-
5006 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

Contents

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

I. Background and Discussion of Final Rule

    The regulations at 43 CFR part 2090, subpart 2093 repeat language 
of various statutes dating back to 1902 that govern nonmineral entries 
on mineral lands, and describe BLM's procedures for processing claims 
and other actions under those statutes. This subpart is duplicative and 
unnecessary, and BLM has not used it in over 10 years. The portions of 
subpart 2093 that contain internal procedures have become largely 
obsolete since nonmineral entries on mineral lands are extremely rare 
and are 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. However, should any applications 
be submitted in the future, BLM will consider each application based on 
the guidance provided by applicable statutes; no formal procedural 
program is necessary. Moreover, internal operating procedures are best 
suited for publication in the BLM Manual. For these reasons, removing 
subpart 2093 from the CFR is appropriate.
    In the November 1, 1996, Federal Register (61 FR 56496), BLM 
published a proposed rule to completely remove subpart 2093 from 43 
CFR. The public was given a 30-day period, ending on December 2, 1996, 
in which to submit comments on the proposed rule. BLM did not receive 
any comments , so the final rule is being published unchanged.

II. Procedural Matters

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA), and has 
found that the rule will 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). BLM has placed the EA and the Finding of 
No Significant Impact (FONSI) on file in the BLM Administrative Record, 
1620 L Street, NW, Room 401, Washington, DC. BLM invites the public to 
review these documents at this address during regular business hours, 
7:45 a.m. to 4:15 p.m., Monday through Friday.

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, 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 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 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 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 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 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

[[Page 51376]]

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, 
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 final rule is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

List of Subjects in 43 CFR Part 2090

    Airports, Alaska, Coal, Grazing lands, Indians--lands, 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 authority 
of 43 U.S.C. 1740, part 2090 of title 43 of the Code of Federal 
Regulations is 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.

Subpart 2093--[Removed]

    2. Part 2090 is amended by removing subpart 2093.

    Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 97-26007 Filed 9-30-97; 8:45 am]
BILLING CODE 4310-84-P