`[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Rules and Regulations]
[Pages 70557-70562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26803]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

Bureau of Land Management

43 CFR Parts 44 and 1880

RIN 1093-AA09


Payment in Lieu of Taxes

AGENCY: Office of the Secretary; Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This rule amends the Code of Federal Regulations to reflect 
the transfer of responsibility for operating the Payment in Lieu of 
Taxes (PILT) program from the Bureau of Land Management to the 
Department of the Interior (``DOI''), Office of the Secretary.

DATES: Effective Date: December 7, 2004.

FOR FURTHER INFORMATION CONTACT: Bill Howell, OS, Office of Budget, 
(202) 208-5308 (Commercial or FTS). Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service at 1-800-877-8339, 24 hours a day, seven days 
a week, to contact Mr. Howell.

SUPPLEMENTARY INFORMATION:

I. Background
II. Final Rule as Adopted
III. Procedural Matters

I. Background

    This rule moves the existing regulations at 43 CFR 1881 to 43 CFR 
Part 44 to reflect the transfer of responsibility for operating the 
PILT program from the Bureau of Land Management to the Office of the 
Secretary, DOI.
    Elevating PILT to the Department level streamlines the budget 
process, eliminates the competition for dollars at the agency level, 
and ensures that appropriate emphasis can be directed to PILT as 
necessary, with a multibureau, Departmental funding contribution. This 
is a benefit that would accrue to Congress, the Department, BLM, and to 
the counties as well.
    This rule is an administrative action to reassign PILT 
responsibilities from one office to another. The changes in the 
regulations pursuant to the notice consist of moving the implementing 
regulations from one CFR part to another. There is no substantive 
change in the Department's PILT responsibilities. Therefore, DOI has 
determined that it has no substantive impact on the public and for good 
cause finds under 5 U.S.C. 553(b)(B) and 553(d)(3) that notice and 
public procedure thereon are unnecessary and that this rule may take 
effect upon publication.

II. Final Rule as Adopted

    The Department adopts the revisions to 43 CFR that deletes subpart 
1881 and inserts new Part 44 to reflect the transfer of responsibility 
for operating the PILT program from the Bureau of Land Management to 
the Department of the Interior, Office of the Secretary.

[[Page 70558]]

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This rule is not a significant rule and was not subject to review 
by the Office of Management and Budget under Executive Order 12866. The 
Office of Management and Budget has determined that this rule: Does not 
have an annual economic impact of $100 million or more; will not have 
an adverse impact in a material way on the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; does not pose a serious 
inconsistency or interfere with an action taken or planned by another 
agency; does not alter the budgetary effects of entitlements, grants, 
user fees, or loan programs or the right or obligations of their 
recipients; and will not have novel legal or policy implications. 
Therefore, we do not have to assess the potential costs and benefits of 
the rule under section 6(a)(3) of this order. The rule is 
administrative in nature, simply transferring a function from one 
bureau to a Secretarial office.

Regulatory Flexibility Act

    This rule does not require a regulatory flexibility analysis. 
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended (5 U.S.C. 601-612), to ensure that Government regulations do 
not necessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule has a significant 
economic impact, either detrimental or beneficial, on a substantial 
number of small entities. This rule would not have significant economic 
impacts on small entities under the RFA (5 U.S.C. 601 et seq.). The 
rule is administrative in nature, simply transferring a function from 
one bureau to a Secretarial office.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a ``major rule'' as defined by the Small Business 
Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This rule will 
not have a significant impact on the economy or on small businesses in 
particular. As discussed above, this rule would update existing 
regulations to incorporate statutory changes to the authorizing 
legislation and do not affect small businesses.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year; nor do these proposed regulations have a significant or unique 
effect on State, local, or tribal governments or the private sector. 
The rule is administrative in nature, simply transferring a function 
from one bureau to a Secretarial office. Therefore, BLM is not required 
to prepare a statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    This rule does not represent a government action capable of 
interfering with constitutionally protected property rights. Therefore, 
we have determined that the regulation would not cause a taking of 
private property. No further discussion of takings implications are 
required under this Executive Order.

Executive Order 13132, Federalism

    This 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. The rule is administrative in nature, simply 
transferring a function from one bureau to a Secretarial office. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that this proposed rule does not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

National Environmental Policy Act (NEPA)

    This rule is subject to a categorical exclusion under NEPA. The 
Department has determined that this action to transfer responsibility 
of the PILT Act is a regulation of financial, technical, and legal 
nature under section 101(2)(C) of the National Environmental Policy 
Act, pursuant to 516 Departmental Manual, Chapter 2, Appendix 1, Item 
1.10. Therefore, pursuant to the Council on Environmental Quality 
regulations (40 CFR 1508.4) and the environmental policies and 
procedures of the Department of the Interior, the Department has found 
that neither an environmental assessment nor an environmental impact 
statement is required.

Executive Order 13175, Consultation and Coordination With for Indian 
Tribal Governments

    In accordance with Executive Order 13175, we have found that this 
rule does not include policies that have tribal implications. The rule 
is administrative in nature, simply transferring a function from one 
bureau to a Secretarial office.

Executive Order 12988, Civil Justice Reform

    The Office of the Solicitor has determined that this rule will not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of Executive Order 12988.

    Author: The principal author is Bill Howell, Budget Group, 
assisted by John Strylowski, Office of Executive Secretary.

Paperwork Reduction Act of 1995

    These regulations contain information collection requirements. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.), we submitted a copy of the proposed information collection 
requirements to the Office of Management and Budget (OMB) for review. 
The Department will not require collection of this information until 
OMB has given its approval.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    In accordance with Executive Order 13211, BLM has determined that 
the proposed rule will not have substantial direct effects on the 
energy supply, distribution, or use, including a shortfall in supply or 
price increase.

List of Subjects

43 CFR Part 44

    Administrative practice and procedure, Financial assistance-local 
governments, Grant programs-natural resources, Land Management Bureau, 
Loan programs-natural resources, Payments in lieu of taxes, Public 
lands, Public lands-mineral resources.

43 CFR Part 1880

    Administrative practice and procedure, Financial assistance-local 
governments, Grant programs-natural resources, Land Management Bureau, 
Loan programs-natural resources, Payments in lieu of taxes, Public 
lands, Public lands-mineral resources.

    Dated: November 22, 2004.
J. Steven Griles,
Deputy Secretary of the Interior.

0
For the reasons set forth in the preamble, subtitle A and Chapter II of 
title 43 of the Code of Federal Regulations are amended as set forth 
below:

[[Page 70559]]

43 CFR Subtitle A--Office of the Secretary of the Interior

0
1. Part 44 is added to read as follows:

PART 44--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS

Sec.

General Information

44.10 What is the purpose of this subpart?
44.11 What are the definitions of terms used in this subpart?
44.12 Who is eligible to receive PILT payments?

Payments to Local Governments Containing Entitlements Lands

44.20 How does the Department process payments to local governments 
whose jurisdictions contain entitlement lands?
44.21 How does the Department calculate payments to local 
governments whose jurisdictions contain entitlement lands?
44.22 Are there any special circumstances that affect the way the 
Department calculates PILT payments?
44.23 How does the Department certify payment computations?
44.30 How does the Department make payments for acquired lands?
44.31 How does the Department calculate payments for acquired lands?

Payments to Local Governments for Interest in Lands in the Redwood 
National Park or Lake Tahoe Basin

44.40 How does the Department process payments for lands in the 
Redwood National Park or Lake Tahoe Basin?
44.41 How does the Department calculate payments for lands in the 
Redwood National Park or Lake Tahoe Basin?

State and Local Governments' Responsibilities After the Department 
Distributes Payments

44.50 What are the local governments' responsibilities after 
receiving payments under this part?
44.51 Are there general procedures applicable to all PILT payments?
44.52 May a State enact legislation to reallocate or redistribute 
PILT payments?
44.53 What will the Department do if a State enacts distribution 
legislation?
44.54 What happens if a State repeals or amends distribution 
legislation?
44.55 Can a unit of general local government protest the results of 
payment computations?
44.56 How does a unit of general local government file a protest?
44.57 Can a unit of general local government appeal a rejection of a 
protest?

    Authority: Public Law 94-565, 90 Stat. 2662, as amended, 31 
U.S.C. 6901-6907.

General Information


Sec.  44.10  What is the purpose of this subpart?

    This subpart sets forth procedures the Department of the Interior 
uses in disbursing Federal payments in lieu of taxes to local 
governments for entitlement lands within their boundaries.


Sec.  44.11  What are the definitions of terms used in this subpart?

    Entitlement land means land owned by the United States:
    (1) That is in the National Park System or the National Forest 
System, including wilderness areas, and national forest lands in 
northern Minnesota described in 16 U.S.C. 577d-577d-1;
    (2) That is administered by the Secretary of the Interior through 
the Office of the Secretary;
    (3) That is dedicated to the use of the Government for water 
resource development projects;
    (4) On which there are semiactive or inactive installations, 
excluding industrial installations, that the Department of Army keeps 
for mobilization and reserve component training;
    (5) That is a dredge disposal area under the jurisdiction of the 
Army Corps of Engineers;
    (6) That is located in the vicinity of Purgatory River Canyon and 
Pinon Canyon, Colorado, and was acquired by the United States after 
December 23, 1981, to expand the Fort Carson military installation; or
    (7) That is a reserve area as defined in 16 U.S.C. 715s(g)(3), 
which is an area of land withdrawn from the public domain and 
administered, either solely or primarily, by the Secretary of the 
Interior, through the Fish and Wildlife Service.
    Local government means a unit of general local government, which 
can include any of the following:
    (1) A county, parish, township, borough, or city, (other than in 
Alaska), where the city is independent of any other unit of general 
local government, that:
    (i) Is within the class(es) of such political subdivision in a 
State that the Secretary of the Interior determines, in his or her 
discretion, to be the principal provider(s) of governmental services 
within the State; and
    (ii) Is a unit of general local government, as determined by the 
Secretary of the Interior on the basis of the same principles as were 
used by the Secretary of Commerce on January 1, 1983, for general 
statistical purposes;
    (2) Any area in Alaska that is within the boundaries of a census 
area used by the Secretary of Commerce in the decennial census, but 
that is not included within the boundaries of a governmental entity 
described under paragraph (1) of this definition; or
    (3) The Governments of the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, and the Virgin Islands.
    Payments in lieu of taxes (PILT) means Federal payments disbursed 
to local governments to compensate for the exemption of real estate 
taxes on entitlement lands within their boundaries.
    Section 6902 (31 U.S.C. 6902) payments means Federal payments 
disbursed to local governments containing entitlement lands.
    Section 6904 (31 U.S.C. 6904) payments means Federal payments 
disbursed to local governments for acquisitions or interest in lands 
acquired for addition to the National Park System or National Forest 
Wilderness Areas.
    Section 6905 (31 U.S.C. 6905) payments means Federal payments 
disbursed to local governments for lands in the Redwood National Park 
or Lake Tahoe Basin.


Sec.  44.12  Who is eligible to receive PILT payments?

    (a) Each local government containing entitlement lands may receive 
a PILT payment.
    (b) A local government may not receive a payment for land owned or 
administered by a State or local government that was exempt from real 
estate taxes when the land was conveyed to the United States. However, 
a local government may receive a PILT payment for land when:
    (1) A State or local government acquires from a private party to 
donate to the United States within eight years of acquisition;
    (2) A State acquires through an exchange with the United States if 
the land acquired was entitlement land; or
    (3) In the State of Utah, that the United States acquires for 
Federal land, royalties or other assets if, at the time of acquisition, 
a local government was entitled to receive payments in lieu of taxes 
from the State of Utah for the land; provided that the payment to the 
local government does not exceed the payment the State would have 
disbursed if the land had not been acquired.

Payments to Local Governments Containing Entitlement Lands


Sec.  44.20  How does the Department process payments to local 
governments whose jurisdictions contain entitlement lands?

    This section describes how the Department processes payments to 
local governments whose jurisdictions contain entitlement lands 
(section 6902 payments).
    (a) The Department:

[[Page 70560]]

    (1) Determines the eligibility of each local government, conferring 
when necessary with the Bureau of the Census, officials of appropriate 
State and local governments, and officials of the agency administering 
the entitlement land;
    (2) Computes the amount of the payment disbursed to each local 
government; and
    (3) Certifies the amount of the payment disbursed to each local 
government.
    (b) The Department disburses a payment each fiscal year to each 
local government containing entitlement lands.
    (c) The State of Alaska is required to distribute the payment it 
receives to home rule cities and general law cities (as such cities are 
defined by the State) that are located within the boundaries of the 
local government entitled to the payment.


Sec.  44.21  How does the Department calculate payments to local 
governments whose jurisdictions contain entitlement lands?

    (a) To calculate section 6902 payments, the Department obtains the 
necessary data on Federal and State payments from several sources:
    (1) Federal agencies provide the amount of entitlement land within 
the boundaries of each local government as of the last day of the 
fiscal year preceding the fiscal year for which the Department 
disburses the payment;
    (2) The Governor or designated official provides the amount of 
money transfers (land revenue sharing payments) disbursed by the State 
during the previous fiscal year to eligible local governments under the 
payment laws listed under 31 U.S.C. 6903(a)(1) and in paragraph (d) of 
this section; and
    (3) The Bureau of the Census provides statistics on the population 
of each local government.
    (b) The Department consults with the affected local government and 
the administering agency to resolve conflicts in land records and other 
data sources.
    (c) The Department calculates the amount of payment using:
    (1) The amount of actual appropriations;
    (2) The formula in 31 U.S.C. 6903(b)(1), which includes inflation 
adjustments; and
    (3) Federal and State payments disbursed during the previous fiscal 
year to local governments under the land payment laws listed under 31 
U.S.C. 6903(a)(1).
    (d) The laws listed in 31 U.S.C. 6903(a)(1) and referred to in 
paragraphs (a) and (c) of this section are:
    (1) The Act of June 20, 1910 (Arizona and New Mexico Enabling Acts) 
(ch. 310, 36 Stat 557);
    (2) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 
1012);
    (3) The Act of May 23, 1908 (Knutson-Vandenberg Act regarding 
Forest Service timber sales contracts) (16 U.S.C. 500);
    (4) Section 5 of the Act of June 22, 1948 (Payments to Minnesota 
from northern Minnesota National Forest receipts) (16 U.S.C. 577g-l);
    (5) Section 401(c)(2) of the Act of June 15, 1935 (Payments to 
local governments from National Wildlife Refuge System receipts) (16 
U.S.C. 715s(c)(2));
    (6) Section 17 of the Federal Power Act (16 U.S.C. 810);
    (7) Section 35 of the Act of February 25, 1920 (Mineral Leasing 
Act) (30 U.S.C. 191);
    (8) Section 6 of the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 355);
    (9) Section 3 of the Act of July 31, 1947 (Materials Act of 1947) 
(30 U.S.C. 603); and
    (10) Section 10 of the Act of June 28, 1934 (Taylor Grazing Act) 
(43 U.S.C. 315i).


Sec.  44.22  Are there any special circumstances that affect the way 
the Department calculates PILT payments?

    If a local government eligible for payments under this subpart 
reorganizes, the Department will:
    (a) Calculate payments for the fiscal year in which the 
reorganization occurred as if the reorganization had not occurred; and
    (b) Disburse any payment due to each new unit based on the amount 
of eligible acreage in that unit.


Sec.  44.23  How does the Department certify payment computations?

    (a) The Department will certify a payment computation only after 
receiving a statement showing all land revenue sharing payments that 
each local government received from the State during the previous 
fiscal year. As used in this paragraph, ``land revenue sharing 
payments'' means payments made from revenues derived from the payment 
laws listed under 31 U.S.C. 6903(a)(1). The statement must:
    (1) Be signed by the Governor or a designated official of the State 
in which the local government is located; and
    (2) Be accompanied by a certification, signed by a State Auditor, 
an independent Certified Public Accountant, or an independent public 
accountant, that the statement has been audited in accordance with:
    (i) Auditing standards established by the U.S. Comptroller General 
in Standards of Audit of Governmental Organizations, Programs, 
Activities and Function, (available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402); and
    (ii) The Audit Guide for Payments in Lieu of Taxes issued by the 
Department of the Interior.
    (b) The Department's Office of the Inspector General will assist 
the Department, under the provisions of sections 4 and 6 of the 
Inspector General Act of 1978 (5 U.S.C. Appendix), to implement and 
administer the audit requirements in paragraph (a)(2) of this section.
    (c) The Office of the Inspector General will:
    (1) Develop appropriate audit guidelines that State auditors, 
independent Certified Public Accountants, or independent public 
accountants must use to audit the statements of the Governors or their 
designated officials and to certify the audits; and
    (2) Furnish copies of the guides to the Governor or designated 
official each year. You should send questions on the use or application 
of this guide to the Office of Inspector General, U.S. Department of 
the Interior, Washington, DC 20240.
    (d) The Department may waive the requirement to certify audits if 
the General Accounting Office or the Office of the Inspector General 
verifies the information in statements the Governor or designated 
official furnishes or if the Department determines it is not necessary. 
Payments to Local Governments for Acquisitions or Interest in Lands 
Acquired for Addition to the National Park System or National Forest 
Wilderness Areas (31 U.S.C. 6904).


Sec.  44.30  How does the Department make payments for acquired lands?

    This section describes how the Department disburses payments for 
Acquisitions or Interest in Lands Acquired for Addition to the National 
Park System or National Forest Wilderness Areas (section 6904 
payments).
    (a) The Department disburses section 6904 payments to qualified 
local governments only if the administering agency supplies the 
following information for each qualified local government:
    (1) Acreage or interests in land for which the payments are 
authorized; and
    (2) Any other information the Department may require to certify 
payments to each qualified local government.

[[Page 70561]]

    (b) The Department disburses payments under this section only for a 
period of 5 years from the date the land was conveyed to the United 
States.


Sec.  44.31  How does the Department calculate payments for acquired 
lands?

    The Department calculates section 6904 payments by determining 1 
percent of the fair market value of the purchased land and comparing 
the result to the amount of real estate taxes paid on the land in the 
year before Federal acquisition. The payment to qualified local 
governments will be the lesser of the two.

Payments to Local Governments for Interest in Lands in the Redwood 
National Park or Lake Tahoe Basin


Sec.  44.40  How does the Department process payments for lands in the 
Redwood National Park or Lake Tahoe Basin?

    This section describes how the Department disburses payments for 
lands in the Redwood National Park or Lake Tahoe Basin (section 6905 
payments).
    (a) The Department disburses payments to qualified local 
governments only if the administering agency supplies the following 
information for each qualified local government:
    (1) Acreage or interests in land for which the payments are 
authorized; and
    (2) Any other information the Department may require to certify 
payments to each qualified local government.
    (b) The Department disburses payments until 5 percent of the fair 
market value is paid in full.


Sec.  44.41  How does the Department calculate payments for lands in 
the Redwood National Park or Lake Tahoe Basin?

    (a) The Department calculates section 6905 payments by determining 
1 percent of the fair market value of the purchased land and comparing 
the result to the amount of real estate taxes paid on the land in the 
year prior to Federal acquisition. The payment to qualified units of 
general local government will be the lesser of the two.
    (b) The Department disburses payments annually for a period of 5 
years beginning in the year immediately following the year of Federal 
acquisition of the land or interest.
    (1) The difference, if any, between the amounts actually paid 
during each of the 5 years and 1 percent of the fair market value will 
be deferred to future years. However, a payment or any portion of a 
payment not paid because Congress appropriated insufficient monies will 
not be deferred.
    (2) The Department will begin annual payment of the deferred amount 
(calculated the same as in paragraph (a) of this section) starting with 
the sixth fiscal year following Federal acquisition.
    (3) The Department disburses payment of the deferred amount until 
the total amount deferred during the first 5 years is paid in full.

State and Local Governments' Responsibilities After the Department 
Distributes Payments


Sec.  44.50  What are the local governments' responsibilities after 
receiving payments under this part?

    (a) The local government may use section 6902 payments for any 
governmental purpose.
    (b) Within 90 days of receiving sections 6904 and 6905 payments, 
the local government must distribute the funds to the affected units of 
general local government and affected school districts. The affected 
units of general local government and school districts may use sections 
6904 and 6905 payments for any governmental purpose.
    (c) The local government must distribute section 6904 and 6905 
payments in proportion to the tax revenues assessed and levied by the 
affected units of general local government and school districts in the 
Federal fiscal year before the Federal Government acquired the 
entitlement lands. The Redwoods Community College District in 
California is an affected school district for this purpose.
    (d) Within 120 days of receiving payments, the local government 
must certify to the Department that it has made an appropriate 
distribution of funds.


Sec.  44.51  Are there general procedures applicable to all PILT 
payments?

    (a) The minimum payment that the Department will disburse to any 
local government is $100.00 (one hundred dollars).
    (b) If Congress appropriates insufficient monies to provide full 
payment to each local government during any fiscal year, the Department 
will reduce proportionally all payments in that fiscal year.


Sec.  44.52  May a State enact legislation to reallocate or 
redistribute PILT payments?

    A State may enact legislation to reallocate or redistribute PILT 
payments. If a State enacts legislation, it must:
    (a) Notify the Department if the legislation requires reallocating 
or redistributing payments to smaller units of general local government 
(see 31 U.S.C. 6907);
    (b) Provide the Department a copy of the legislation within 60 days 
of enactment;
    (c) Provide the name and address of the State government office to 
which the Department should send the payment;
    (d) Distribute funds to its smaller units of general local 
government within 30 days of receiving the payment; and
    (e) Not reduce the payment made to smaller units of general local 
government to pay the cost of State legislation which reallocates or 
redistributes payments.


Sec.  44.53  What will the Department do if a State enacts distribution 
legislation?

    If a State enacts distribution legislation, the Department will:
    (a) Notify the State that a single payment will be disbursed to the 
designated State government office beginning with the Federal fiscal 
year following the fiscal year in which the State enacted legislation; 
and
    (b) Provide the State with information that identifies the 
entitlement lands data on which the Department bases the payment.


Sec.  44.54  What happens if a State repeals or amends distribution 
legislation?

    (a) If a State repeals or amends distribution legislation, the 
State must immediately notify the Department in writing of this fact 
and send the Department a copy of the new law.
    (b) When the Department receives a notification under paragraph (a) 
of this section, it must:
    (1) Determine if the State's process complies with 31 U.S.C. 6907. 
If the Department determines that it does not, we must notify the 
designated State government office that the Department will disburse 
payment directly to the eligible local governments; and
    (2) Start the payments:
    (i) In the current Federal fiscal year, if the Department receives 
a copy of the State's amendatory legislation before July 1; or
    (ii) Start the payments in the next Federal fiscal year, if the 
Department receives a copy of the State's amendatory legislation after 
July 1.


Sec.  44.55  Can a unit of general local government protest the results 
of payment computations?

    Any affected local government may file a protest with the 
Department.


Sec.  44.56  How does a unit of general local government file a 
protest?

    The protesting local government must:
    (a) Submit evidence to indicate the possibility of errors in the 
computations

[[Page 70562]]

or the data on which the Department bases the computations; and
    (b) File the protest by the first business day of the calendar year 
following the end of the fiscal year for which the Department made the 
payments.


Sec.  44.57  Can a unit of general local government appeal a rejection 
of a protest?

    Any affected local government may appeal the Department's decision 
to reject a protest to the Interior Board of Land Appeals under 43 CFR 
part 4.

43 CFR CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE 
INTERIOR

PART 1880--[AMENDED]

0
2. Subpart 1881 (Sec. Sec.  1881.10 through 1881.57) is removed.
[FR Doc. 04-26803 Filed 12-6-04; 8:45 am]
BILLING CODE 4310-RK-P`