[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52185-52186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26139]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2780

[WO-340-1220-00-24 1A]
RIN 1004-AC53


Special Areas: State Irrigation Districts

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is removing 43 CFR part 
2780, regulations concerning the establishment and operation of state 
irrigation districts, from the Code of Federal Regulations. BLM 
believes these regulations are obsolete because there is only one 
record in BLM of their use in the last 40 years. As a result, removing 
these items will have no impact on BLM customers or the public at 
large.

DATES: Effective October 1, 1998.

ADDRESS: 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, 1849 C Street, N.W., Washington, DC 
20240; Telephone: 202-452-7779.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of Final Rule as Adopted
II. Responses to Comments
III. Procedural Matters

I. Background and Discussion of Final Rule as Adopted

    This final rule removes 43 CFR part 2780, Special Areas: State 
Irrigation Districts, from the Code of Federal Regulations. The 
regulations in part 2780 implement the Act of August 11, 1916, entitled 
``An Act to Promote the Reclamation of Arid Lands,'' 43 U.S.C. 621 et 
seq. Part 2780 was originally issued as Circular Number 592 on March 6, 
1918, and has existed in similar form since modified in 1922 to 
accommodate amendments to the Act. These regulations describe the 
procedures a state irrigation district uses to apply for secretarial 
approval of an irrigation plan. If an application is approved, all 
unentered public lands within the state irrigation district, and 
entered lands for which no certificate has been issued, are subject to 
the same provisions of State law relating to the reclamation of arid 
lands for agricultural purposes as those which apply to private lands 
within the district. Such lands are subject to a lien for all taxes and 
assessments lawfully levied by the district on unpatented land. The 
district also has the right to sell land that was entered at the time 
of a tax levy for nonpayment of tax.
    We have only one record at BLM of any activity in this program 
during the last 40 years, occurring in 1971. We accessed our online 
case recordation system and found no other record of any recent case 
activity. We also searched a legal data base and found that the last 
time the statute or implementing regulation was cited in a reported 
civil case was in 1948. The program's inactivity and absence of civil 
case citations indicate that this regulation may be obsolete. 
Furthermore, we believe that the regulations are impractical to 
administer due to the scarcity of water in public land states for 
agricultural purposes. For these reasons, we believe that continued 
publication of 43 CFR part 2780 is unnecessary and contrary to the 
public interest.
    The final rule published today is a stage of a rulemaking process 
that culminates in the removal of 43 CFR part 2780. This rule was 
preceded by a proposed rule which introduced this action and BLM's 
purpose and need. The proposed rule was published in the Federal 
Register on September 13, 1996 (61 FR 48454). This proposed rule was 
intended to give anyone who would be adversely affected by this action 
an opportunity to call their concerns to our attention. The BLM invited 
public comments for 30 days, and received only one comment.

II. Responses to Comments

    BLM received one comment from a citizen in Arizona, asking that BLM 
extend the comment period for 90 days and send the rule and any related 
information to a wide variety of people, organizations and government 
entities, so as to solicit the highest level of input. BLM declines to 
act on this suggestion. The commenter raises a valid point, which is 
that BLM should try to solicit the most thorough level of public 
comment for each rulemaking effort. However, in situations such as this 
where regulations are being removed because they are obsolete, BLM 
feels, based on our experience, that additional outreach will not 
generate any

[[Page 52186]]

additional comments. Public interest in rulemaking actions which 
threaten little or no substantive impact tends to be extremely low, and 
BLM feels the benefits of largely ineffective outreach actions are 
outweighed by the public's interest in timely and efficient execution 
of the Regulatory Reform Initiative of 1993, which requires each agency 
to eliminate obsolete regulations, among other things.

III. Procedural Matters

National Environmental Policy Act

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

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 (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. Based on the discussion contained 
in this preamble above, this action will not have a significant impact 
on small entities. Because it is limited to removing provisions 
pertaining to a program that BLM believes is obsolete, we anticipate 
that this final rule will not substantially burden any member of the 
public at large. Therefore, BLM has determined under the RFA that this 
final rule would not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    Removal of 43 CFR part 2780 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, 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.
    Author. The principal author of this final rule is Christopher 
Fontecchio, Regulatory Affairs Group, Bureau of Land Management, 1849 C 
Street, NW, Washington, DC 20240; Telephone 202/273-3448.

List of Subjects for 43 CFR Part 2780

    Irrigation, Public Lands--Sale, Reclamation.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 2780, Group 2700, Subchapter B, Chapter II of 
Title 43 of the Code of Federal Regulations is amended as set forth 
below:

PART 2780--[REMOVED]

    1. Part 2780 is removed in its entirety.

    Dated: September 22, 1998.
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.
[FR Doc. 98-26139 Filed 9-29-98; 8:45 am]
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