Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70557

CAS No. Substance Effective date Reporting date 

*****

Pyridinamines:

462–08–8 3-Pyridinamine ...................................... January 6, 2005 March 7, 2005

504–24–5 4-Pyridinamine ...................................... January 6, 2005 March 7, 2005

504–29–0 2-Pyridinamine ...................................... January 6, 2005 March 7, 2005

*****

Tungsten compounds:

1314–35–8 Tungsten oxide (WO3) .......................... January 6, 2005 March 7, 2005

7440–33–7 Tungsten ............................................... January 6, 2005 March 7, 2005

7783–03–1 Tungstate (WO4

2-), dihydrogen, (T-4)- January 6, 2005 March 7, 2005

7783–82–6 Tungsten fluoride (WF6), (OC-6-11)- .... January 6, 2005 March 7, 2005

7790–60–5 Tungstate (WO4

2-), dipotassium, (T-4)- January 6, 2005 March 7, 2005

7790–85–4 Cadmium tungsten oxide (CdWO4) ...... January 6, 2005 March 7, 2005

10213–10–2 Tungstate (WO4

2-), disodium, dihydrate, (T-4)-.

January 6, 2005 March 7, 2005

11105–11–6 Tungsten oxide (WO3), hydrate ............ January 6, 2005 March 7, 2005

11120–01–7 Sodium tungsten oxide ......................... January 6, 2005 March 7, 2005

11120–25–5 Tungstate (W12(OH)2O4010-), 

decaammonium.

January 6, 2005 March 7, 2005

12027–38–2 Tungstate(4-),[.mu.12-[orthosilicato(4-)-

.kappa.O:.kappa.O:.kappa.O:

.kappa.O’:.kappa.O’:.kappa.O’:

.kappa.O′′:.kappa.O′′:.kappa.O′′

:.kappa.O’′′:.kappa.O’′′

:.kappa.O’′′]]tetracosa-.mu.-

oxododecaoxododeca-,

tetrahydrogen.

January 6, 2005 March 7, 2005

12028–48–7 Tungstate (W12(OH)2O386-), 

hexaammonium.

January 6, 2005 March 7, 2005

12036–22–5 Tungsten oxide (WO2) .......................... January 6, 2005 March 7, 2005

12067–99–1 Tungsten hydroxide oxide phosphate ... January 6, 2005 March 7, 2005

12138–09–9 Tungsten sulfide (WS2) ......................... January 6, 2005 March 7, 2005

12141–67–2 Tungstate (W12(OH)2O386-), 

hexasodium.

January 6, 2005 March 7, 2005

13283–01–7 Tungsten chloride (WCl6), (OC-6-11)- .. January 6, 2005 March 7, 2005

13472–45–2 Tungstate (WO4

2-), disodium, (T-4)- ..... January 6, 2005 March 7, 2005

14040–11–0 Tungsten carbonyl (W(CO)6), (OC-6-

11)-.

January 6, 2005 March 7, 2005

23321–70–2 Tungsten oxide (WO3), dihydrate ......... January 6, 2005 March 7, 2005

*****

* * * * *

[FR Doc. 04–26821 Filed 12–6–04; 8:45 am]

BILLING CODE 6560–50–S

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.

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.

70558 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

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.

■ 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: 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70559

43 CFR Subtitle A—Office of the 

Secretary of the Interior

■ 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

§ 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.

§ 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.

§ 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

§ 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: 

70560 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

(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.

§ 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 (KnutsonVandenberg 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).

§ 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.

§ 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).

§ 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. 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 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.

§ 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

§ 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.

§ 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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 

70562 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

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.

§ 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]

■ 2. Subpart 1881 (§§ 1881.10 through 

1881.57) is removed.

[FR Doc. 04–26803 Filed 12–6–04; 8:45 am] 

BILLING CODE 4310–RK–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 18

[ET Docket No. 98–42; FCC 04–263] 

RF Lighting Devices

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document addresses a 

Joint Petition for Clarification (Joint 

Petition) filed by XM Radio Inc. and 

Sirius Satellite Radio Inc. (the Satellite 

Radio Licensees) requesting clarification 

of the Commission’s Order in this 

proceeding. The Commission 

determined that there was no need to 

define out-of-band limits for radio 

frequency (RF) lights in the 2.45 GHz 

band. We dismissed the Joint Petition 

and reject the Satellite Radio Licensees’

request to prohibit the operation of RF 

lights in the 2.45 GHz band. We further 

affirm our decision to terminate the 

proceeding without prejudice to its 

substantive merits.

FOR FURTHER INFORMATION CONTACT: Anh 

Wride, Office of Engineering and 

Technology, (202) 418–0577, e-mail: 

Anh.Wride@fcc.gov, TTY (202) 418–

2989.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 98–42, FCC 04–263, adopted 

November 5, 2004 and released 

November 9, 2004. The full text of this 

document is available on the 

Commission’s Internet site at http://

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 863–2893; fax 

(202) 863–2898. 

Summary of the Report and Order 

1. In the Order, the Commission 

determined that there was no need to 

define out-of-band limits for radio 

frequency (RF) lights in the 2.45 GHz 

band. The Commission dismissed the 

Joint Petition and rejected the Satellite 

Radio Licensees’ request to prohibit the 

operation of RF lights in the 2.45 GHz 

band. We further affirm our decision to 

terminate the proceeding without 

prejudice to its substantive merits. 

2. On April 1, 1998, the Commission 

adopted a Notice of Proposed Rule 

Making (NPRM), 63 FR 20362, April 24, 

1998, in this proceeding. In the NPRM, 

the Commission proposed changes to 

part 18 to update the conducted 

emission limits for RF lighting devices 

operating in the 2.2–2.8 MHz band. The 

Commission also proposed more 

stringent out-of-band radiated emission 

limits for consumer and non-consumer 

RF lights in the 2400–2500 MHz (2.45 

GHz) bands. In addition, because the 

existing regulations for RF lighting 

devices do not specifically include any 

radiated emission limits for RF lights 

operating at frequencies above 1000 

MHz, the Commission proposed 

radiated emission limits for such 

products that are identical to the limits 

already in place for digital devices. 

3. On June 9, 1999, the Commission 

adopted a First Report and Order, 64 FR 

37417, July 12, 1999, in this proceeding 

that adopted less stringent conducted 

emission limits for RF lighting devices 

operating in the 2.51–3.0 MHz band, but 

deferred action on changes to the rules 

for RF lighting devices operating in the 

2.45 GHz band to a future date. 

Subsequently, Fusion informed the 

Commission that it is no longer 

pursuing development of RF lights that 

operate in the 2.45 GHz band. 

4. On May 27, 2003, the Commission 

adopted an Order, 68 FR 37112, June 23, 

2003, terminating this proceeding as it 

found that with the passage of time, the 

record of the proceeding had become 

outdated and, furthermore, that Fusion, 

the only party that expressed interest in 

producing RF lights in the 2.45 GHz 

band, had ceased operations in this area. 

In the Order, the Commission 

concluded that there did not appear to 

be a need for further Commission action 

in defining out-of-band limits for RF 

lights in the 2.45 GHz band at that time. 

The Commission therefore decided to 

terminate the proceeding without 

prejudice to its substantive merits and 

stated that should any party wish to 

pursue the issues in this proceeding in 

the future, the Commission would 

evaluate them in the context of a new 

proceeding. 

5. On July 23, 2003, the Satellite 

Radio Licensees submitted a Joint 

Petition for Clarification in this 

proceeding, in which they seek specific 

clarification that RF lighting devices 

will not be permitted to operate in the 

2.45 GHz band and that ‘‘before the 

Commission considers permitting any 

such operations, it will either establish 

another rulemaking, or provide ample 

notice to affected parties such as the 

Satellite Radio Licensees.’’

6. The Satellite Radio Licensees 

contend that in terminating the 

proceeding by the Order, the 

Commission has left satellite radio 

vulnerable to interference from RF lights 

that may seek to operate at the ISM 

miscellaneous out-of-band emission 

limit in the future. Finally, the Satellite 

Radio Licensees urge the Commission to 

clarify that RF lights are prohibited from 

operating in the 2.45 GHz band, unless 

and until the Commission concludes a 

new rulemaking in which a specific outof-band limit is adopted for 2.45 GHz RF 

lights. To the extent that this relief is 

not given, the Satellite Radio Licensees 

request that the Commission provide 

potentially affected parties, including 

the Satellite Radio Licensees, an ample 

notice and opportunity to comment.

7. We disagree with the Satellite 

Radio Licensees’ argument that by 

terminating the proceeding by the 

Order, the Commission has left satellite 

radio vulnerable to interference from RF 

lights operating in the 2.45 GHz band. 

There is no reason to believe that future 

RF lights designed by Fusion or any 

other party would be produced using 

the same unsuccessful design, the same 

operating frequencies or exhibit the 

same characteristics as evaluated in the 

Satellite Radio Licensees’ Supplemental 

Comments. Furthermore, Fusion no 

longer develops or manufactures RF 

lights in the 2.45 GHz band and we are 

not aware that any other party is 

developing RF lights that would operate 

in this band. 

8. We note that RF lights are already 

covered under our existing Part 18 rules 

and compliant equipment can be 

authorized according to our equipment 

authorization procedures. Although 

traditional low-frequency RF lights are 

treated as a distinct class in Part 18,