[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Rules and Regulations]
[Pages 47568-47569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23935]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1810

[WO-420-1050-00-24-1A]
RIN 1004-AC 81


Public Land Records

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rulemaking.

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SUMMARY: This final rule amends Part 1810 of Title 43 of the Code of 
Federal Regulations (CFR) by completely removing Subpart 1813. That 
subpart contains general information about public land records and 
explains Bureau of Land Management (BLM) practices. Instead, we will 
place these internal procedures in information brochures and BLM's 
manual system, which is appropriate given the administrative nature of 
Subpart 1813.

EFFECTIVE DATE: October 10, 1997.

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

FOR FURTHER INFORMATION CONTACT: Frances Watson, Telephone: 202-452-
5006 (Commercial or FTS).

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

I. Background

    One of the objectives of President Clinton's regulatory reform 
initiative is to eliminate unnecessary regulations from the CFR. To 
meet that objective, BLM is removing from the CFR material that 
provides general information about public land records and explains BLM 
practices. Instead, BLM will provide this information in public 
information releases and the BLM Manual, both of which are available to 
the public, are more detailed, and can be more easily updated. Removing 
this material from the CFR will not deprive the public of any notice, 
right, administrative process or information required by law.
    The final rule published today is a stage of the rulemaking process 
that will culminate in the removal of the regulations in 43 CFR Subpart 
1813. This rule was preceded by a proposed rule that was published in 
the Federal Register on December 23, 1996 (61 FR 67517). The BLM 
invited public comments for 60 days, and received three comments--one 
from a petroleum association, one from a county government agency, and 
one from a law firm.

II. Final Rule as Adopted

    The final rule completely removes 43 CFR subpart 1813, which 
contains BLM procedures on maintaining the public land records. 
Removing this material is appropriate since it will continue to be 
available to the public through other means--informational brochures 
and the BLM manual system. The final rule is being published without 
change from the December 23, 1996, proposed rule.

III. Responses to Comments

    The three comments that we received on the proposed rule expressed 
concern about removing 43 CFR subpart 1813. The commenters interpreted 
the regulation to mean that BLM will no

[[Page 47569]]

longer maintain the public land records and that those records will no 
longer be available for public access in BLM field offices.
    In reality, BLM is required by law and administrative practice to 
maintain the official public land records. This regulation will neither 
change our recordkeeping responsibility nor change public access to 
those records in BLM field offices. This regulation will merely remove 
procedural material from the CFR and place it in more appropriate 
alternative sources--public information releases and the BLM manual 
system. For these reasons, the final rule is being published unchanged 
from the proposed rule.

IV. Procedural Matters

National Environmental Policy Act of 1969

    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 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 address 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 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 in the 
preamble above, that the regulation will remove unnecessary material 
from the CFR, BLM anticipates that this final rule will have no impact 
on 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 of 1995

    Removal of 43 CFR 1813 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 Federal 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. 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 has determined that this rule meets the applicable 
standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil 
Justice Reform.
    Author: The principal author of this rule is Frances Watson, Bureau 
of Land Management, 1849 C Street, NW, Washington, D.C. 20240; 
Telephone: 202-452-5006 (Commercial or FTS).

List of Subjects in 43 CFR Part 1810

    Administrative practice and procedure, Archives and records.

    Dated: September 4, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 1810 of Title 43 of the Code of Federal 
Regulations is amended as set forth below:

PART 1810--INTRODUCTION AND GENERAL GUIDANCE

    1. The authority for Part 1810 is revised to read:

    Authority: 43 U.S.C. 1740.

Subpart 1813--[Removed]

    2. Subpart 1813 is removed.

[FR Doc. 97-23935 Filed 9-9-97; 8:45 am]
BILLING CODE 4310-84-P