Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51375

consideration, among other factors, the

degree to which: (1) The proposal addresses the

legislative intent of the program and has

a well-documented rationale;

(2) The objectives of the proposed

project are consistent with the

program’s rationale, and are measurable

and achievable within the project

period; (3) The proposed project’s

methodology is consistent with the

objectives and explained in appropriate

detail;

(4) The evaluation is linked to the

objectives and addresses the project

outcomes;

(5) The applicant demonstrates the

administrative and managerial

capability to carry out the proposed

project; (6) The proposed budget is complete,

appropriate, cost-effective, and clearly

justified; (7) The plan for institutionalizing the

project outcomes is specific and

realistic; and

(8) The proposal plans to attract,

maintain, and graduate minority and

disadvantaged students. (b) In determining the funding of

applications approved under paragraph

(a) of this section, the Secretary will

consider any special factors relating to

national needs as the Secretary may

from time to time announce in the

Federal Register.

[FR Doc. 97–26114 Filed 9–29–97; 10:50 am]

BILLING CODE 4160–15–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2090

[WO–350–1430–00–24 1A]

RIN 1004–AC65

Nonmineral Entries on Mineral Lands

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This final rule amends part

2090 of Title 43 of the Code of Federal

Regulations (CFR) to completely remove

subpart 2093 because it is redundant

and unnecessary. Subpart 2093 sets

forth the various statutory authorities

governing nonmineral entries on

mineral lands, and describes BLM

procedures for processing claims and

other actions under those statutes.

EFFECTIVE DATE: October 31, 1997.

ADDRESSES: You may send inquiries or

suggestions to: Director (630), Bureau of

Land Management, 1849 C Street NW.,

Washington, DC. 20240.

FOR FURTHER INFORMATION CONTACT:

Frances Watson, Telephone: (202) 452–

5006 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule

II. Procedural Matters

I. Background and Discussion of Final

Rule

The regulations at 43 CFR part 2090,

subpart 2093 repeat language of various

statutes dating back to 1902 that govern

nonmineral entries on mineral lands,

and describe BLM’s procedures for

processing claims and other actions

under those statutes. This subpart is

duplicative and unnecessary, and BLM

has not used it in over 10 years. The

portions of subpart 2093 that contain

internal procedures have become largely

obsolete since nonmineral entries on

mineral lands are extremely rare and are

unlikely to become any more

widespread, given the scarcity of land

on which such entries could be

available in the foreseeable future and

the repeal of the homestead laws.

However, should any applications be

submitted in the future, BLM will

consider each application based on the

guidance provided by applicable

statutes; no formal procedural program

is necessary. Moreover, internal

operating procedures are best suited for

publication in the BLM Manual. For

these reasons, removing subpart 2093

from the CFR is appropriate.

In the November 1, 1996, Federal

Register (61 FR 56496), BLM published

a proposed rule to completely remove

subpart 2093 from 43 CFR. The public

was given a 30-day period, ending on

December 2, 1996, in which to submit

comments on the proposed rule. BLM

did not receive any comments , so the

final rule is being published unchanged.

II. Procedural Matters

National Environmental Policy Act

The BLM has prepared an

environmental assessment (EA), and has

found that the rule will 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 (NEPA), 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, 1620

L Street, NW, Room 401, Washington,

DC. BLM invites the public to review

these documents at this address during

regular business hours, 7:45 a.m. to 4:15

p.m., Monday through Friday.

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, 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 rule merely removes

redundant and unnecessary

requirements, BLM anticipates that this

final rule will have no significant

impact on the public at large. Therefore,

BLM has determined under the RFA

that this final rule will not have a

significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act

Removal of 43 CFR subpart 2093 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 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 that interferes 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
51376 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

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, Civil Justice Reform.

Report to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, BLM

submitted a report containing this rule

and other required information to the

U.S. Senate, U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office before publication of the rule in

today’s Federal Register. This final rule

is not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 43 CFR Part 2090

Airports, Alaska, Coal, Grazing lands,

Indians—lands, Public lands, Public

lands—classification, Public lands—

mineral resources, Public lands—

withdrawal, Seashores, Veterans.

For the reasons set forth in the

preamble and under the authority of 43

U.S.C. 1740, part 2090 of title 43 of the

Code of Federal Regulations is amended

as set forth below:

PART 2090—SPECIAL LAWS AND

RULES

1. The authority citation for part 2090

is revised to read as follows:

Authority: 43 U.S.C. 1740; 43 U.S.C. 1201.

Subpart 2093—[Removed]

2. Part 2090 is amended by removing

subpart 2093.

Dated: September 25, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

[FR Doc. 97–26007 Filed 9–30–97; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5510

RIN 1004–AC92

Use by Settlers and Homesteaders of

Timber on Their Pending Claims and

Free Use of Timber Upon Oil and Gas

Leases

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This final rule completely

removes certain sections of Title 43,

Code of Federal Regulations (CFR),

which govern the free use of timber on

public lands and upon oil and gas

leases. The rule also removes cross

references to these sections. These

regulations are obsolete and have not

been used in many years. Removing

them meets one of the objectives of

President Clinton’s regulatory reform

initiative—to eliminate outdated and

unnecessary regulations from the CFR.

EFFECTIVE DATE: October 31, 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: Jeff

Holdren, (202) 452–7779 (Commercial

or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule

II. Procedural Matters

I. Background and Discussion of Final

Rule

Section 5511.1–2 of 43 CFR describes

procedures that homesteaders may use

to obtain free use of timber on public

lands. However, no applications have

been submitted to the Bureau of Land

Management (BLM) under this subpart

for many years, principally because of

two laws. First, the Taylor Grazing Act

of June 28, 1934, 43 U.S.C. 315–315r,

requires that lands be classified for the

proposed use before occupancy on the

land is allowed. Secondly, section 702

of the Federal Land Policy and

Management Act of 1976, (90 Stat.

2787), repealed the homestead laws

which, in effect, rendered unnecessary

the regulatory requirements of Section

5511.1–2.

Similarly, the procedures under

Section 5511.1–4, which lessees must

use to obtain free use of timber on oil

and gas leases, are outmoded. No

applications under this subpart have

been submitted to BLM in many years,

principally because oil and gas lessees

no longer need to use timber on their

leases because they now have access to

modern industrial techniques.

Because Sections 5511.1–2 and

5511.1–4 are obsolete and have no

pending applications, the BLM

published a proposed rule in the

September 13, 1996, Federal Register,

61 FR 48455, to completely remove

them from 43 CFR. The public was

given a 30-day period in which to

submit comments on the proposed rule.

BLM did not receive any comments.

BLM is making a conforming change

to the final rule that will remove the

cross references to Sections 5511.1–2

and 5511–1–4 that appear at 5511.2–

1(a), 5511.2–5, and 5511.4(b)(2) in 43

CFR. In all other respects, the final rule

is the same as the proposed rule.

II. Procedural Matters

National Environmental Policy Act of

1969

BLM has prepared an environmental

assessment (EA) and has found that this

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

(NEPA), 42 U.S.C. 4332(2)(C). No

environmental impact statement will be

prepared. BLM has placed the EA and

the Finding of No Significant Impact

(FONSI) on file in the BLM

Administrative Record, Room 401, 1620

L Street, NW, Washington, D.C. The

notice of proposed rulemaking

inaccurately reported at 61 FR 48456

that the rule was categorically excluded

from the NEPA process.

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, 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 rule merely removes

redundant and unnecessary

requirements, BLM anticipates that this

final rule will have no significant

impact on the public at large. Therefore,