Nonmineral Entries on Mineral Lands

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: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove the

regulations concerning Nonmineral Entries on Mineral Lands, in its

entirety. This action is undertaken because this subpart consists of

redundant and unnecessary requirements.

DATES: Any comments must be received by BLM at the address below on or

before December 2, 1996. Comments received after the above date will

not necessarily be considered in the decisionmaking process on the

final rule.

ADDRESSES: If you wish to comment, you may hand-deliver comments to the

Bureau of Land Management, Administrative Record, Room 401, 1620 L

Street, NW., Washington, D.C., or mail comments to the BLM,

Administrative Record, Room 401LS, 1849 C Street, NW., Washington, D.C.

20240. Commenters may transmit comments electronically via the Internet

to: WOC[email protected] [For Internet, please include ``attn: AC65'',

your name and address in your message. If you do not receive a

confirmation from the system that we have received your internet

message, contact us directly. Comments will be available for public

review at the L Street address during regular business hours, 7:45 a.m.

to 4:15 p.m., Monday through Friday, except Holidays.

FOR FURTHER INFORMATION CONTACT:

Chris Fontecchio, Regulatory Affairs Group, BLM, at (202) 452-5012.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background and Discussion of Proposal

III. Procedural Matters

I. Public Comment Procedures

Written Comments

Written comments on the proposed rule should be specific, should be

confined to issues pertinent to this proposed rule, and should explain

the reason for any recommended change. Where possible, comments should

reference the specific section or paragraph of the proposal which the

commenter is addressing. Comments should specifically address why any

or all of the provisions of subpart 2093 should be deleted. BLM will

not necessarily consider or include in the Administrative Record for

the final rule, comments which BLM receives after the close of the

comment period (see DATES above) or comments delivered to an address

other than those listed (see ADDRESSES above).

II. Background and Discussion of Proposal

These regulations were enacted pursuant to a series of statutes

dating back to 1902. Most of subpart 2093 is a review of the various

statutory authorities governing nonmineral entries on mineral lands,

and the remainder of this subpart sets out BLM procedures for

processing claims and other actions under these statutes.

The portions of this subpart which reiterate statutory language are

unnecessarily duplicative and can be removed. These portions are found

in sections 2093.0-3; 2093.1-1, 2093.1-2; 2093.2-1; 2093.2-2; 2093.3-1;

2093.3-4; 2093.3-5; 2093.4-1; and 2093.5-1.

The remaining sections contain procedures enacted to help BLM to

carry out its statutory duties. These sections have become largely

obsolete; nonmineral entries on mineral lands are extremely rare and

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. BLM has not used this subpart in over ten

years.

In addition, while BLM cannot determine with certainty that there

are no applications pending anywhere in the United States, the few

which might remain do not require an extensive, formal procedural

program. Rather, BLM can consider each application based on the

guidance provided by the applicable statutes. A comment period is

provided to give applicants or other interested parties an opportunity

to voice any particular concerns that this removal action might raise.

Finally, these procedures govern BLM's internal working and are best

suited for publication in the BLM Manual.

III. Procedural Matters

National Environmental Policy Act

The BLM has prepared an environmental assessment (EA), and has

found that the proposed 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

[[Page 56497]]

Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The BLM has placed the

EA and the Finding of No Significant Impact (FONSI) on file in the

BLM's Administrative Record at the address specified previously. The

BLM invites the public to review these documents by contacting us at

the addresses listed above (see ADDRESSES), and suggests that anyone

wishing to submit comments in response to the EA and FONSI do so in

accordance with the ``Written Comments'' section above, or contact us

directly.

Paperwork Reduction Act

This proposed rule does not contain information collection

requirements subject to Office of Management and Budget approval under

the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

BLM has determined under the Regulatory Flexibility Act, 5 U.S.C.

Sec. 601 et seq., that this proposed rule would 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 $100,000,000 or more in any one year.

Executive Order 12612

The proposed rule will not have 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 proposed rule does not have

sufficient federalism implications to warrant preparation of a

Federalism assessment.

Executive Order 12630

The proposed rule is not 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 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 proposed rule is not a significant

regulatory action. As such, the 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 proposed rule is H. W. Moritz, BLM,

849 C Street, NW., Washington, D.C. 20240. Telephone: 202-452-0362

(commercial or FTS).

List of Subjects in 43 CFR Part 2090

Airports; Alaska; Coal; Grazing lands; Indians-lands, Land

Management Bureau; 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 authorities

contained within 43 U.S.C. 1740, subpart 2093 of part 2090, group 2000,

subchapter B, chapter II of Title 43 of the Code of Federal Regulations

is proposed to be 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.

PART 2090--[AMENDED]

2. Part 2090 is amended by removing subpart 2093.

Dated: October 21, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary of the Interior.

[FR Doc. 96-27580 Filed 10-31-96; 8:45 am]

BILLING CODE 4310-84-M