[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Rules and Regulations]
[Pages 13130-13132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6896]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5040

[WO-130-1820-0024 1A]
RIN 1004-AC93


Sustained-Yield Forest Units

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: BLM is revising the regulations on sustained yield forest 
units to remove obsolete or unnecessary sections and update the 
remaining regulations that are still necessary for the administration 
of the revested Oregon and California Railroad and the reconveyed Coos 
Bay Wagon Road grant lands in Oregon (referred to in this rule as O. 
and C. lands).

EFFECTIVE DATE: April 17, 1998.

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: Lyndon Werner, telephone: 503-952-
6071; or Erica Petacchi, telephone: 202-452-5084.

SUPPLEMENTARY INFORMATION:

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

[[Page 13131]]

I. Background

    The final rule published today is a stage of a rulemaking process 
that revises the regulations in 43 CFR part 5040. This rule was 
preceded by a proposed rule published on November 15, 1996 in the 
Federal Register at 61 FR 58501. The proposed rule provided for a 
comment period of 60 days, and BLM received no public comments.
    The final rule is part of BLM's initiative to streamline its 
regulations in the Code of Federal Regulations (CFR). BLM is removing 
unnecessary or obsolete regulations, and making the remainder of the 
regulations more understandable and relevant. BLM has determined that 
the existing regulations on master units and cooperative sustained-
yield units are obsolete and will be removed from the CFR. The 
regulations on establishing sustained-yield forest units are still 
necessary, and BLM is rewriting this section to remove references to 
master units and cooperative sustained-yield units. The section on 
exchanges is still relevant, but is merely a restatement of the 
statutory language, and will be removed.

II. Final Rule as Adopted

    The final rule removes obsolete requirements from the CFR and 
duplicative provisions that can be found in the underlying statutes. 
This rule will allow BLM to dissolve the existing master units and 
establish more appropriately configured sustained-yield forest units.

Subpart 5040--Sustained-Yield Unit and Cooperative Agreements

    This subpart is removed in its entirety. These regulations merely 
restate the language in the Act of August 28, 1937 (50 Stat. 874, 43 
U.S.C. 1181) (``the Act'').

Subpart 5041--Annual Productive Capacity

    This subpart is rewritten for clarity but not changed in any 
substantial way. BLM will continue to declare the annual productive 
capacity of the O. and C. lands under the principle of sustained-yield.

Subpart 5042--Master Units

    This subpart is removed in its entirety. For the reasons presented 
in the Background section of the proposed rule (61 FR 58501-58504, 
November 15, 1996), BLM does not need to designate master units as an 
interim step to designating sustained-yield forest units and 
cooperative agreements. The currently designated master units will 
remain in effect until the final rule is effective and BLM completes 
the process for the designation of sustained-yield forest units.

Subpart 5043--Sustained-Yield Forest Units

    This subpart is revised to improve clarity and consistency with the 
removal of subpart 5042--Master Units. The revision has no effect on 
BLM's customers because it does not diminish the level of public 
involvement in BLM's determination of sustained-yield forest units.

Subpart 5044--Cooperative Sustained-Yield Agreements

    This subpart is removed in its entirety. There are currently no 
cooperative sustained-yield agreements or any apparent interest in 
their designation. If this changes, the O. and C. Lands Act provides 
for their designation and regulations governing their designation can 
again be published.

Subpart 5045--Exchanges

    This subpart is removed in its entirety. This removal has no effect 
on BLM's operations, because BLM will still have the authority to 
exchange O. and C. lands under the Act of July 31, 1939.
    The remaining sections of part 5040 are rewritten and renumbered in 
a new part 5040.

III. Responses to Comments

    BLM received no comments from the public. In developing this final 
rule, however, BLM identified several issues that needed minor 
clarifications:
    1. Section 5040.5(a) needs clarifying language to explain that 
until BLM follows the process of designating Sustained Yield Units, the 
Master Units remain in effect and section 5040.5(a) does not apply.
    2. In the proposed rule, BLM referred to the lands affected by the 
regulations in two different ways: ``the lands it manages in western 
Oregon'' and ``the O. and C. lands.'' Reviewers suggested that BLM 
should be consistent by referring to the lands affected as ``the O. and 
C. lands.''
    In the final rule, we have corrected these minor inconsistencies, 
by:
    1. Adding the following statement to section 5040.4: ``Until new 
sustained-yield forest units are designated for the first time in 
accordance with 43 CFR 5040, the current master unit designations will 
continue to be in effect'; and
    2. Adding the following to section 5040.1, after the first 
sentence: ``These lands are hereafter referred to as ``the O. and C. 
lands.'''

IV. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the 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, 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 at the address specified 
previously. BLM invites the public to review these documents by 
contacting us at the addresses listed above (see ADDRESSES).

Paperwork Reduction Act

    This rule contains no 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. This rule will not have a significant 
economic impact on a substantial number of small entities. The rule 
provides for a new process by which BLM may establish sustained-yield 
forest units. Before BLM can establish units, we must hold public 
hearings in the areas affected by the proposed units. This gives any 
potentially affected small entity the chance to provide input to BLM 
that could influence the outcome of the proposals. In addition, the O. 
and C. Lands Act provides that when BLM establishes sustained-yield 
forest units, the units must provide a permanent source of raw 
materials to support local communities and industries, giving due 
consideration to established forest products operations. For these 
reasons, BLM has determined that there is no need to prepare a 
regulatory flexibility analysis.

Unfunded Mandates Reform Act

    Revision of 43 CFR part 5040 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.

[[Page 13132]]

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. The final 
rule will allow BLM to establish new sustained-yield forest units, and 
will remove several obsolete provisions in the part 5040 regulations, 
but 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 Lyndon Werner, Oregon State 
Office, Bureau of Land Management, 1849 C Street NW., Room 401LS, 
Washington DC 20240; Telephone: 202-452-5042 (Commercial or FTS).

List of Subjects for 43 CFR Part 5040

    Forests and forest products, Public lands.

    Dated: February 18, 1998.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated above, and under the authority of 43 U.S.C. 
1740, subchapter B, BLM is revising Part 5040, Group 5000, Subchapter 
E, Chapter II of Title 43 of the Code of Federal Regulations to read as 
follows:

PART 5040--SUSTAINED-YIELD FOREST UNITS

Sec.
5040.1  Under what authority does BLM establish sustained-yield 
forest units?
5040.2  What will BLM do before it establishes sustained-yield 
forest units?
5040.3  How does BLM establish sustained-yield forest units?
5040.4  What is the effect of designating sustained-yield forest 
units?
5040.5  How does BLM determine and declare the annual productive 
capacity?

    Authority: 43 U.S.C. 1181e; 43 U.S.C. 1740.


Sec. 5040.1  Under what authority does BLM establish sustained-yield 
forest units?

    BLM is authorized, under the O. and C. Lands Act (43 U.S.C. 1181a 
et seq.) and the Federal Land Policy and Management Act, to divide the 
lands it manages in western Oregon into sustained-yield forest units. 
These lands are hereafter referred to as ``the O. and C. lands.'' BLM 
establishes units that contain enough forest land to provide, insofar 
as practicable, a permanent source of raw materials to support local 
communities and industries, giving due consideration to established 
forest products operations.


Sec. 5040.2  What will BLM do before it establishes sustained-yield 
forest units?

    Before BLM designates sustained-yield forest units, it will:
    (a) Hold a public hearing in the area where it proposes to 
designate the units. BLM will provide notice, approved by the BLM 
Director, to the public of any hearing concerning sustained-yield 
forest units. This notice must be published once a week for four 
consecutive weeks in a newspaper of general circulation in the county 
or counties in which the forest units are situated. BLM may also 
publish the notice in a trade publication; and
    (b) Forward the minutes or meeting records to the BLM Director, 
along with an appropriate recommendation concerning the establishment 
of the units.


Sec. 5040.3  How does BLM establish sustained-yield forest units?

    After a public hearing, BLM will publish a notice in a newspaper of 
general circulation in the county or counties affected by the proposed 
units, stating whether or not the BLM Director has decided to establish 
the units. If the BLM Director determines that the units should be 
established, BLM will include in its notice information on the 
geographical description of the sustained-yield forest units, how the 
public may review the BLM document that will establish the units, and 
the date the units will become effective. BLM will publish the notice 
before the units are established.


Sec. 5040.4  What is the effect of designating sustained-yield units?

    Designating new sustained-yield forest units abolishes previous O. 
and C. master unit or sustained-yield forest unit designations. Until 
new sustained-yield forest units are designated for the first time in 
accordance with 43 CFR part 5040, the current master unit designations 
will continue to be in effect.


Sec. 5040.5  How does BLM determine and declare the annual productive 
capacity?

    (a) If BLM has not established sustained-yield forest units under 
part 5040, then BLM will determine and declare the annual productive 
capacity by applying the sustained-yield principle to the O. and C. 
lands, treating them as a single unit.
    (b) If BLM has established sustained-yield forest units under part 
5040, then BLM will determine and declare the annual productive 
capacity by applying the sustained-yield principle to each separate 
forest unit.
    (c) If it occurs that BLM has established sustained-yield forest 
units for less than all of the O. and C. lands, then BLM will determine 
and declare the annual productive capacity as follows:
    (1) BLM will treat sustained-yield forest units as in paragraph (b) 
of this section; and
    (2) BLM will treat any O. and C. lands not located within 
sustained-yield forest units as a single unit.

[FR Doc. 98-6896 Filed 3-17-98; 8:45 am]
BILLING CODE 4310-84-P