[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Rules and Regulations]
[Pages 62266-62267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30664]


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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: Final rule.

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SUMMARY: This rule removes the regulations on sales and grants of land 
in reclamation townsites for reclamation projects and school purposes. 
The Bureau of Land Management (BLM) is removing these regulations 
because they consist of outdated material and restatements of statutory 
language. Consequently, the regulations are unnecessary and can be 
removed without any significant effect.

EFFECTIVE DATE: December 22, 1997.

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

FOR FURTHER INFORMATION CONTACT: Jeff Holdren, Bureau of Land 
Management, Lands and Realty Group, (202) 452-7779.

SUPPLEMENTARY INFORMATION:

I. Background
II. Final Rule as Adopted
III. Responses to Comments
IV. Procedural Matters

I. Background

    The existing regulations at 43 CFR part 2760 were written for BLM 
to assist the Bureau of Reclamation in disposing of lands through 
public sale or grants to townsites for school purposes. BLM is removing 
these regulations because they are rarely used and contain no 
applicable, substantive provisions beyond what is already in the 
statutes.
    The final rule published today is a stage of a rulemaking process 
that will conclude in the removal of the regulations in 43 CFR part 
2760. This rule finalizes a proposed rule that was published on October 
3, 1996, in the Federal Register at 61 FR 51666. The rule provided for 
a comment period of 60 days, and BLM received no comments from the 
public.

II. Final Rule as Adopted

    This rule will remove the regulations at 43 CFR part 2760 in their 
entirety. 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 merely inform 
the public of the role assumed by the Bureau of Reclamation in this 
program. The regulations are redundant because they repeat language in 
43 U.S.C. 564, and for this reason, these two sections have no 
substantive effect. The remaining sections of subpart 2764 are direct 
restatements 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 because it directs municipal corporations to 
comply with 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. 570 
authorizing the Secretary of the Interior to grant school districts

[[Page 62267]]

up to six acres from a reclamation townsite. BLM is removing 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 will 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 6-acre limit and 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. Responses to Comments

    BLM received no comments from the public, and is therefore adopting 
the proposed rule without changes.

IV. Procedural Matters

National Environmental Policy Act

    BLM has determined that because this final 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 final 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 (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 
substantial number of small entities. BLM has determined under the RFA 
that this final rule would not have a significant economic impact on 
substantial number of small entities. As discussed above, the rule 
merely removes unnecessary regulations and causes no change in status 
or rights of any 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 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 final 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 
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 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, 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 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.
    Author: The principal author of this rule is Erica Petacchi, 
Regulatory Management Group, Bureau of Land Management, 401LS, 1849 C 
Street, NW, Washington, DC 20240; Telephone (202) 452-5084.

List of Subjects for 43 CFR Part 2760

    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 removed.

    Dated: November 4, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 97-30664 Filed 11-20-97; 8:45 am]
BILLING CODE 4310-84-P