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[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Rules and Regulations]
[Pages 52034-52036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26457]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2090, 2110, and 2130

[WO-130-1820-00-24 1A]
RIN 1004-AC98

Gifts; Acquisition of Lands or Interest in Lands by Purchase or 
Condemnation

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: BLM is removing the regulations that explain the procedures 
for donating land to the Department of the Interior, and those that 
describe the Department's authority to acquire land by purchase or 
condemnation under the King Range National Conservation Area Act. These 
regulations are either statements of policy, internal procedures, or 
restatements of statutory provisions. BLM believes that these 
regulations can be removed without any substantive impact on the 
public.

EFFECTIVE DATE: November 5, 1997.

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

FOR FURTHER INFORMATION CONTACT: Erica Petacchi, telephone: 202-452-
5084; or David Beaver, telephone: 202-452-7788.

SUPPLEMENTARY INFORMATION:

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

I. Background

    The final rule published today is a stage of a rulemaking process 
that will conclude in the removal of the regulations in 43 CFR parts 
2110 and 2130. This rule finalizes a proposed rule that was published 
on September 11, 1996, in the Federal Register at 61 FR 47853. The rule 
provided for a comment period of 30 days, and BLM received no comments 
from the public.
    This final rule is part of BLM's efforts to streamline its 
regulations in the Code of Federal Regulations (CFR). BLM is removing 
unnecessary or obsolete regulations, and making the remainder of its 
regulations more understandable and relevant. The regulations this rule 
removes are repetitive of statutory language, obsolete, or merely 
informational. These regulations belong not in the CFR, but in other 
publications such as manuals or brochures.

II. Final Rule as Adopted

    The final rule will remove the regulations in 43 CFR parts 2110 and 
2130, with the exception of section 2111.4--Status of Lands, which will 
be relocated in subpart 2091.

Subpart 2110--Gifts; General

    Most of subpart 2110 merely restates statutory provisions found in 
various sections of the U.S. Code, including two repealed sections. 
Section 2110.0-3(a) repeats language from the Taylor Grazing Act at 43 
U.S.C. 315g. Section 2110.0-3(b) repeats language from the Public Land 
Administration Act at 43

[[Page 52035]]

U.S.C. 1364. Section 2110.0-3(c) repeats language from the King Range 
Conservation Area Act at 16 U.S.C. 460y. Section 2110.0-3(d) repeats 
language from the Wild and Scenic Rivers Act at 16 U.S.C. 1277(f).
    The only section in subpart 2110 that does not merely repeat 
statutory language is Sec. 2110.0-1, which states the policy concerning 
the Secretary of the Interior's discretion to accept gifts of land. 
Since the non-binding terms of this section do not materially affect 
the public at large, we are removing this provision to enhance flexible 
decision-making.

Subpart 2111--Procedures

    We will retain Sec. 2111.4 in 43 CFR subpart 2091, but we are 
removing the remainder of subpart 2111. Most of the text in subpart 
2111 already exists in the BLM Manual/Handbook (H-2101-1), and any 
aspect not already found in the Manual/Handbook can be incorporated in 
that publication.

Part 2130--Acquisition of Lands or Interests in Lands by Purchase or 
Condemnation

    The provisions of 43 CFR part 2130 are unnecessary because they 
either merely restate statutory language of the King Range Conservation 
Area Act at 16 U.S.C. 460y, or contain policy directives which should 
be relocated to the BLM Manual/Handbook.

Subpart 2130--Acquisition of Lands or Interests in Lands by Purchase or 
Condemnation: General

    Subpart 2130 consists entirely of restatements of the King Range 
Conservation Area Act, 16 U.S.C. 460y, concerning the authority of the 
Secretary to purchase and condemn lands.

Subpart 2137--Condemnation of Lands or Interests in Lands

    Subpart 2137 contains two policy statements that should be 
relocated to the BLM Manual/Handbook: Sec. 2137.0-7 concerns BLM's 
policy of appraising acquired property, an internal procedure derived 
from 16 U.S.C. 460y-4(4); and Sec. 2137.0-9 concerns the BLM policy of 
resorting to eminent domain as a last option.
    With the exception of 43 CFR 2111.4, which this rule will relocate 
to subpart 2091, no portion of either part 2110 or part 2130 contains 
any necessary substance to guide the public in any meaningful way. The 
language being removed serves only to guide BLM decisions, or serves no 
purpose at all. Removing and relocating these sections as described 
above will streamline the CFR and enhance BLM's efficiency without 
affecting the public.

III. Responses to Comments

    BLM received no comments from the public, and is therefore adopting 
the proposed rule without changes.

IV. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the rule would not constitute a major Federal action significantly 
affecting the quality of the human environment under section 102(2)(C) 
of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C). 
BLM has placed the EA and the Finding of No Significant Impact (FONSI) 
on file in the BLM Administrative Record at the address specified 
previously. BLM invites the public to review these documents by 
contacting us at the addresses listed above (see ADDRESSES).

Paperwork Reduction Act

    This rule contains no information collection requirements that the 
Office of Management and Budget must approve under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 
U.S.C. 601 et seq., to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities.
    Based on the analysis contained in this preamble, BLM concludes the 
rule will not impact the public or small entities because the substance 
of the regulations only provides guidance to BLM regarding procedures 
for accepting gifts of land, and acquiring land by purchase or 
condemnation under the King Range National Conservation Area Act. 
Because the regulations to be removed do not provide any guidance or 
mandates to the public, BLM anticipates that the final rule will have 
no significant 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

    Removal of 43 CFR parts 2110 and 2130 and the relocation of 
Sec. 2111.4 will not result in any unfunded mandate to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more in any one year.

Executive Order 12612

    The final rule will not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, BLM has determined that this final rule does not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12630

    The final rule does not represent a government action capable of 
interfering with constitutionally protected property rights. Section 
2(a)(1) of Executive Order 12630 specifically exempts actions 
abolishing regulations or modifying regulations in a way that lessens 
interference with private property use from the definition of 
``policies that have takings implications.'' Since the primary function 
of the final rule is to abolish unnecessary regulations, there will be 
no private property rights impaired as a result. Therefore, the 
Department of the Interior has determined that the rule would not cause 
a taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 12866

    According to the criteria listed in section 3(f) of Executive Order 
12866, BLM has determined that the final rule is not a significant 
regulatory action. As such, the final rule is not subject to Office of 
Management and Budget review under section 6(a)(3) of the order.

Executive Order 12988

    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Author

    The principal author of this rule is Erica Petacchi, Bureau of Land 
Management, 1849 C Street, NW., Room 401LS, Washington, DC 20240; 
Telephone: 202-452-5084 (Commercial or FTS).

List of Subjects

43 CFR Part 2090

    Airports, Alaska, Coal, Grazing lands, Indians--lands, Public 
lands, Public lands--classification, Public lands--

[[Page 52036]]

mineral resources, Public lands--withdrawal, Seashores.

43 CFR Part 2110

    Government property, Public lands.

43 CFR Part 2130

    Public lands.

    Dated: September 25, 1997.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated above, and under the authority of 43 U.S.C. 
1740, BLM is amending Chapter II of Subtitle B, title 43 of the Code of 
Federal Regulations as follows:

PART 2090--[AMENDED]

    1. Revise the authority for part 2090 to read as follows:

    Authority: 16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641, 
1201, 1624, 1740.

    2. Section 2111.4 of Part 2110 is redesignated as Sec. 2091.8 in 
Subpart 2091 and is revised to read as follows:

Sec. 2091.8  Status of gift lands.

    Upon acceptance by the United States, through the Secretary of the 
Interior, of a deed of conveyance as a gift, the lands or interests so 
conveyed will become property of the United States but will not become 
subject to applicable land and mineral laws of this title unless and 
until an order to that effect is issued by BLM.

PART 2110--[REMOVED]

    3. Remove part 2110 in its entirety.

PART 2130--[REMOVED]

    4. Remove part 2130 in its entirety.

[FR Doc. 97-26457 Filed 10-3-97; 8:45 am]
BILLING CODE 4310-84-P
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