12710 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous materials, State program

approval, Underground storage tanks.

Authority: This notice is issued under the

authority of sections 2002(a), 7004(b), and

9004 of the Solid Waste Disposal Act as

amended, 42 U.S.C. 6912(a), 6974(b), and

6991(c).

Dated: March 1, 1995.

Jack W. McGraw,

Acting Regional Administrator.

[FR Doc. 95–5657 Filed 3–7–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2720

RIN 1004–AB86

[WO–690–02–4120–24 1A; Circular No.

2658]

Conveyance of Federally-Owned

Mineral Interests

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This final rule amends 43

CFR part 2720 in order to streamline

and clarify the procedures for conveying

Federally-owned mineral interests to the

owner of the surface estate overlying the

mineral interests. Section 209 of the

Federal Land Policy and Management

Act (FLPMA) allows such conveyances

when there are no known mineral

values present, or when the reservation

of the mineral rights is interfering with

or precluding appropriate nonmineral

development of the land that would be

more beneficial than mineral

development. The rule is necessary

because the wording of the existing

regulation has caused considerable

confusion on the part of both the public

and public land managers, and has been

interpreted to require expensive mineral

surveys in many cases where such

surveys were unnecessary. The final

rule will simplify the conveyance of

Federally-owned mineral interests.

EFFECTIVE DATE: April 7, 1995.

ADDRESSES: Suggestions or inquiries

should be sent to: Director (690), Bureau

of Land Management, 1849 C Street

NW., Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:

Clyde Topping, (202) 452–0380.

SUPPLEMENTARY INFORMATION: Five

sections of subpart 2720 are amended in

this final rule. The amendments in two

of these sections are substantive and are

designed to meet the objectives stated

above in the Summary, and are

explained below in the discussion of the

comments received on the rule. The

remaining three sections—sections

2720.0–6, 2720.1–3, and 2720.3—

contain minor clarifications and

corrections in language that were

explained in the preamble to the

proposed rule published in the Federal

Register on September 28, 1993 (58 FR

50536). The rule allowed 60 days for

public comment. During this public

comment period, 1 public comment was

received.

The comment basically supported the

rule. It also asked for a reaffirmation of

BLM’s policy regarding exchanges

involving surface and mineral rights,

which allows both parties to an

exchange to reserve mineral rights or to

convey other mineral rights in order to

keep the exchange balanced. This final

rule has no effect on this BLM policy.

The statute that is implemented in

these regulations allows conveyance of

the mineral rights when the Secretary of

the Interior finds that there are no

known mineral values or that the

mineral reservation is interfering with

or precluding appropriate nonmineral

development that is more beneficial

than mineral development. It requires

payment of administrative costs and the

current fair market value of the minerals

conveyed. It does not require the

retention of non-valuable minerals in

Federal ownership where there is a

beneficial use of the surface with which

mineral development would interfere. If

the Secretary finds that mineral

development in a particular case may be

more beneficial than the surface use

planned by the non-Federal owner, the

conveyance would not be allowed.

The definition of ‘‘known mineral

value’’ has been amended in the final

rule to make it clear that mineral values

will be determined in light of the

current market, and to refer to lands

containing mineral formations rather

than to lands with underlying

formations.

Minor changes in style have been

made in the regulatory text to improve

clarity and readability.

The principal author of this final rule

is Clyde Topping of the Biotic and

Landscape Resource Team, assisted by

the Regulatory Management Team,

BLM.

It is hereby determined that this final

rule does not constitute a major Federal

action significantly affecting the quality

of the human environment, and that no

detailed statement pursuant to Section

102(2)(C) of the National Environmental

Policy Act of 1969 (NEPA) (42 U.S.C.

4332(2)(C)) is required. The BLM has

determined that this final rule is

categorically excluded from further

environmental review. Under the

Council on Environmental Quality

regulations (40 CFR 1508.4) and

environmental policies and procedures

of the Department of the Interior,

‘‘categorical exclusions’’ means a

category of actions that do not

individually or cumulatively have a

significant effect on the human

environment and which have been

found to have no such effect in

procedures adopted by a Federal agency

and for which neither an environmental

assessment nor an environmental

impact statement is required. The BLM

has made this determination under 516

Departmental Manual (DM), Chapter 2,

Appendix 1, Item 1.10, which includes

‘‘regulations * * * the environmental

effects of which are too broad,

speculative or conjectural to lend

themselves to meaningful analysis and

will be subject later to the NEPA

process, either collectively or case-bycase,’’ because the environmental effects

of the transactions covered by this rule

(a great variety of possible proposed

uses of non-Federal surface) are entirely

speculative and conjectural, and the

transactions covered by the regulations

will be subject to the NEPA process on

a case-by-case basis as they are

proposed. The BLM further determined

that the rule will not trigger any of the

10 exceptions disallowing categorical

exclusions listed in 516 DM 2,

Appendix 2. These 10 exceptions apply

to individual actions, not broad

regulations covering a multitude of

possible individual actions.

This rule was not subject to review by

the Office of Management and Budget

under Executive Order 12866.

The Department has determined

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) that the final rule

will not have a significant economic

impact on a substantial number of small

entities. The rule, by clarifying

provisions that have been

misinterpreted in the past, obviates

unneeded and expensive mineral

exploration programs to prove the

market value of reserved mineral rights

that are not valuable in the market

sense. The rule imposes no costs, and

makes the regulatory process less

cumbersome.

The Department certifies that this

final rule does not represent a

governmental action capable of

interference with constitutionally

protected property rights. The rule does

not require the taking of any property

rights. Therefore, as required by

Executive Order 12630, the Department
Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12711

of the Interior has determined that the

rule will not cause a taking of private

property.

The information collection

requirements contained in part 2720

have been approved by the Office of

Management and Budget under 44

U.S.C. 3501 et seq. and assigned

clearance number 1004–0153.

The Department has certified to the

Office of Management and Budget that

this rule meets the applicable standards

provided in Sections 2(a) and 2(b)(2) of

Executive Order 12778.

List of Subjects in 43 CFR Part 2720

Administrative practice and

procedure, Public lands-mineral

resources, Public lands-sale.

Dated: March 2, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

For the reasons stated in the

preamble, and under the authorities

stated below, part 2720 of Group 2700,

Subchapter B, Chapter II, Title 43 of the

Code of Federal Regulations is amended

as follows:

PART 2720—CONVEYANCE OF

FEDERALLY-OWNED MINERAL

INTERESTS

Subpart 2720—Conveyance of

Federally-Owned Mineral Interests

1. The authority citation for part 2720

is revised to read as follows:

Authority: 43 U.S.C. 1719 and 1740.

2. Section 2720.0–5(b) is revised to

read as follows:

§ 2720.0–5 Definitions.

* * * * *

(b) Known mineral values means

mineral rights in lands containing

geologic formations that are valuable in

the monetary sense for exploring,

developing, or producing natural

mineral deposits. The presence of such

mineral deposits with potential for

mineral development may be known

because of previous exploration, or may

be inferred based on geologic

information.

* * * * *

3. Section 2720.0–6 is amended by

revising the first sentence thereof to

read as follows:

§ 2720.0–6 Policy.

As required by the Federal Land

Policy and Management Act, the Bureau

of Land Management may convey a

federally owned mineral interest only

when the authorized officer determines

that it has no known mineral value, or

that the mineral reservation is

interfering with or precluding

appropriate nonmineral development of

the lands and that nonmineral

development is a more beneficial use

than mineral development. * * *

4. Section 2720.0–9 is added to read

as follows:

§ 2720.0–9 Information collection.

(a) The Office of Management and

Budget has approved under 44 U.S.C.

3507 the information collection

requirements contained in part 2720

and assigned clearance number 1004–

0153. The Bureau of Land Management

is collecting the information to permit

the authorized officer to determine

whether the Bureau of Land

Management should dispose of

Federally-owned mineral interests. The

Bureau of Land Management will use

the information collected to make these

determinations. A response is required

to obtain a benefit.

(b) The Bureau of Land Management

estimates the public reporting burden

for this information to average 8 hours

per response, including the time for

reviewing regulations, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing the burden, to the Information

Collection Clearance Officer (783),

Bureau of Land Management,

Washington, D.C. 20240, and the Office

of Management and Budget, Paperwork

Reduction Project, 1004–0153,

Washington, D.C. 20503.

5. Section 2720.1–3 is amended by

revising the concluding text of

paragraph (b) to read as follows:

§ 2720.1–3 Action on application.

* * * * *

(b) * * *

The authorized officer, in reaching a

determination as to whether there are

any known mineral values in the land

and, if so, the estimated costs of an

exploratory program, if one is needed,

will rely upon reports on minerals

prepared by or reviewed and approved

by the Bureau of Land Management.

* * * * *

6. Section 2720.2 is amended by

revising paragraph (b) and adding

paragraph (c) to read as follows:

§ 2720.2 Determination that an exploratory

program is not required.

(a) * * *

(b) The authorized officer will not

require an exploratory program to

ascertain the presence of mineral values

where the authorized officer determines

that a reasonable person would not

make exploration expenditures with

expectations of deriving economic gain

from the mineral production.

(c) The authorized officer will not

require an exploratory program if the

authorized officer determines that, for

the mineral interests covered by the

application, sufficient information is

available to determine their fair market

value.

7. Section 2720.3 is amended by

revising the fourth sentence of

paragraph (a), and paragraph (b) in its

entirety, to read as follows:

§ 2720.3 Action upon determination of the

fair market value of the mineral interests.

(a) * * * The notice must require the

applicant to pay both the fair market

value of the Federal mineral interests

and the remaining administrative costs

owed within 90 days after the date the

authorized officer mails the notice.

* * * * *

(b) The Bureau of Land Management

will convey mineral rights on lands for

which this part does not require an

exploratory program upon payment by

the applicant of fair market value for

those mineral interests and all

administrative costs of processing the

application to acquire the mineral

rights.

[FR Doc. 95–5626 Filed 3–7–95; 8:45 am]

BILLING CODE 4310–84–P

OFFICE OF MANAGEMENT AND

BUDGET

Office of Federal Procurement Policy

48 CFR Chapter 99

Cost Accounting Standards Board;

Interim Interpretation 95–01, Allocation

of Contractor Restructuring Costs

Under Defense Contracts

AGENCY: Cost Accounting Standards

Board, Office of Federal Procurement

Policy, OMB.

ACTION: Interpretation.

SUMMARY: The Cost Accounting

Standards Board is issuing an interim

interpretation designed to address

period cost assignment and allocability

criteria for restructuring costs incurred

under certain national defense

contracts.

DATES: Effective Date: August 15, 1994.

Comments on this interim interpretation

must be in writing and must be received

by May 8, 1995.

ADDRESSES: Comments upon this

interim interpretation should be