Definitions

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1300, 1600, 1780, 1810, 1860, 1880, 2090, 2200, 2300,

2360, 2400, 2520, 2610, 2640, 2650, 2710, 2720, 2740, 2800, 2810,

2880, 2910, 2920, 3000, 3100, 3130, 3150, 3160, 3200, 3250, 3260,

3420, 3460, 3480, 3500, 3590, 3600, 3800, 3830, 4100, 4200, 4300,

4700, 5400, 8200, 8340, 8360, 8560, 9210

[WO-420-1430-00-24 1A]

RIN 1004-AC73

Definitions

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would add a new part to the regulations of

the Bureau of Land Management (BLM). This new part would contain

definitions of terms common to many or all programs and regulations of

BLM. The rule also would remove from other parts of the BLM regulations

those definitions proposed to appear in the new part, except for those

of terms with meanings peculiar to particular BLM regulations or

programs. The rule is needed to remove unnecessary duplication among

BLM regulations.

DATES: You should submit your comments by January 21, 1997. BLM

[[Page 58844]]

will not necessarily consider comments postmarked, hand-delivered, or

received by electronic mail after the above date in the decisionmaking

process on the final rule.

ADDRESSES: You should mail comments to Director (420), Bureau of Land

Management, Room 401 LS, 1849 C Street, NW, Washington, DC 20240. You

may deliver comments to this address in person as well. You may also

comment via the Internet to [email protected]. Please include

``attn: AC73'' and your name and return address in your Internet

message. If you do not receive a confirmation from the system that we

have received your internet message, contact us directly at (202) 452-

5030. Comments will be available for public review at the above address

during regular business hours (7:45 a.m. to 4:15 p.m.), Monday through

Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Frank Bruno at (202) 452- 0352, or

Annetta Cheek at (202) 452-5099.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

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

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

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

reference the specific section or paragraph of the proposal that the

comment is addressing. BLM will not necessarily consider or include in

the Administrative Record for the final rule comments that are

postmarked, hand-delivered, or transmitted by electronic mail after the

close of the comment period (see ``DATES'') or comments delivered to an

address other than those listed above (see ``ADDRESSES'').

II. Background

BLM regulations are divided into ``parts'' and ``subparts,''

generally by program subject matter. For example, you will find

regulations on grazing in the public lands States outside Alaska in

part 4100, geothermal leasing and operations in parts 3200-3280, and

rights-of-way issued under the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701 et seq.) (FLPMA) in part 2800. Most of these

individual ``program regulations'' parts have Definitions sections,

traditionally numbered Sec. xxxx.0-5. These sections define terms

pertinent to the specific activity or land use covered in the program

regulations. In many cases, they also define terms common to many or

all BLM programs, which leads to a large amount of duplication.

This proposed rule is intended to relieve some of this duplication.

BLM definitions are derived from a variety of sources: statutory

definitions, BLM and other agency usages, industry and interest group

terminology and standards, and so forth. The same term may be defined

differently in different contexts, depending on its statutory or other

origin. Terms with such varying usages do not lend themselves to being

included in a central glossary without multiple or multi-part

definitions properly cross-referenced.

Depending on public support and acceptance of this proposed rule,

BLM may propose a subsequent rule adding more definitions to the

central definition section in the new part 1300 being proposed today

(and removing them from program regulations), or perhaps all terms will

be defined in this central glossary. BLM specifically requests public

comments on whether this is a useful and appropriate approach. We also

would like to receive suggestions as to other terms that should be

included in the glossary in part 1300, or as to specific terms included

in the glossary in this rule that should remain in program regulation

definition sections and not be included in the central glossary.

III. Proposed Rule

The proposed rule would have four functions: (1) It would add a

central glossary of terms in new part 1300; (2) with a few exceptions

if usage requires, it would remove the centralized definitions from the

various program regulation definition sections; (3) it would reorganize

most of the definition sections of the program regulations by

reordering the remaining definitions in alphabetical order; and (4) it

would correct cross-references that would be affected by this proposed

rule throughout Chapter II of Title 43 of the Code of Federal

Regulations.

One result of this rule would be that some of the definitions of

terms pertinent to your particular land use or activity will be located

in part 1300 and others in the specific program regulation definition

section. To mitigate any inconvenience this may cause, BLM field

offices will be happy to provide photocopies of the program regulations

pertaining to your interest, which is our current practice, plus the

central glossary in part 1300.

In the following paragraphs, we will summarize the effect of this

rule on the various program regulations.

Section-by-Section Description

Part 1300--Definitions

The following terms would be defined in the new Sec. 1.5: Activity

plan, actual costs, anniversary date, applicant, appraisal, authorized

officer, bid, BLM or Bureau, business day, casual use, closed area,

conveyance (document), Department, Director, land use plan, lease,

legal description, lessee, lessor, license, licensee, mineral leasing

laws, mining laws, multiple use, National Forest System lands, patent,

permit, permittee, public domain lands, reclamation, Secretary, timber,

and trespass.

BLM's inclusion of several of these terms in the new part 1300

requires a little more explanation here.

The definition of ``reclamation'' is in two parts, reflecting its

usage in the context of irrigation and farming, and in the context of

surface- or resource- disturbing activities requiring repair of land or

resources.

As indicated in the rule language to be contained in part 1300,

some of the common definitions provided are also contained in specific

program regulations. Where such definitions are contained in specific

program regulations, the definitions contained in the specific program

regulations will govern.

For example, the terms ``casual use,'' ``Department,'' and

``licensee'' are included in part 1300 but have separate definitions in

the mining regulations on Surface Management (subpart 3809), in the

withdrawal regulations (part 2300), and in the rights-of-way

regulations on Tramroads and Logging Roads (part 2810), respectively.

Variations in usage and meaning require that these separate definitions

remain in these program regulations. This is also true of the term

``lease,'' which is defined in part 1300 to indicate that a lease

conveys an interest in land. The program definition of ``grazing

lease'' at 43 CFR 4100.0-5 is unaffected by the definition of ``lease''

in part 1300 and nothing in this proposed rule is intended to disturb

the principle that a grazing lease conveys no interest in lands.

The term ``authorized officer'' would be defined in the central

glossary. However, BLM expects that its use may be phased out as our

regulations are simplified. In the future, the simple term ``BLM'' may

be substituted for the vaguer ``authorized officer'' throughout our

regulations. We specifically request public comment on whether this is

a

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good idea. The proposed central glossary includes no definitions of

``willful'' or ``nonwillful'' trespass. We also invite comments as to

whether definitions of such terms would be helpful in part 1300.

Definitions of ``willful'' and ``nonwillful'' currently appear in

various forms in Secs. 2800.0-5(v)-(w), 3160.0-5(e), and 5400.0-5.

The definitions of ``business day'' and ``National Forest System

lands'' in proposed part 1300 are new and do not appear elsewhere in 43

CFR Chapter II.

Correlative Changes in 43 CFR Chapter II

Because proposed new part 1300 includes definitions drawn from many

program regulations in Chapter II, this proposed rule needs to include

amendments conforming the existing regulations to the new arrangement

contemplated in this rule. These amendments mainly consist of

corrections of cross-references and removals of program regulation

definitions that would be superseded by those in part 1300.

In some instances, however, existing definitions included

regulatory material that should not have been included in those

definitions. An example is the definition of ``reclamation,'' which

appears in subpart 3802. In this situation, the regulatory material

would be moved in this proposed rule from the definition to the program

regulations.

In other instances, establishing a definition intended to apply to

all program regulations necessitated a change in terminology in one

particular program regulation because of a variation in usage in that

program. An example is the definition of ``permittee'' in part 3600. In

this part, ``permittee'' refers to someone who has purchased a material

sales contract, as well as to the holder of a free-use permit. To deal

with this kind of anomaly, this rule proposes to amend the regulations

to refer to the person or entity buying or holding a contract to

purchase mineral materials on the public lands as a ``purchaser,'' and

to the holder of a free-use permit as a ``permittee.''

A further organizational change that BLM proposes in this rule is

the removal of the lettered paragraph designations from the program

regulation definition sections. The definitions remaining in the

program regulations, as well as the central glossary in part 1300,

would be ordered alphabetically without paragraph designations.

In proposing these kinds of changes, BLM does not intend any

substantive changes. In some instances, the proposed rule includes

grammatical corrections, stylistic changes to reflect the style known

as ``Plain English,''--for example, in some instances ``shall'' is

proposed to be replaced by ``must''--and changes in common usage--for

example, in some cases, ``authorized officer'' has been replaced by

``BLM,'' a usage change that is gradually being incorporated in BLM's

regulations. None of these changes is meant to be substantive, but you

are welcome to comment on such changes if you find them troublesome.

Part 1600--Planning, Programming, Budgeting

The definition of ``multiple use'' would be removed from the

planning regulations. The term is used in many of BLM's land use

regulations.

Section 1610.2(j) would be amended only to change the way a cross-

reference is described.

Part 1780--Cooperative Relations

The advisory committee regulations in subpart 1784 would be amended

by removing the definitions of ``Secretary'' and ``Director,'' which

appear in this proposed rule in part 1300.

Part 1810--Introduction and General Guidance

Section 1810.1 on ``Rules of construction; words and phrases''

would be amended by removing paragraph (f), which construes the terms

``officer'' and ``authorized officer.''

Part 1860--Conveyances, Disclaimers and Correction Documents

This proposed rule would remove the definition of ``authorized

officer'' from section 1864.0-5, which contains the definitions for the

regulations on recordable disclaimers of interest in land, and from

section 1865.0-5, which contains the definitions for the regulations on

correction of conveyancing documents.

Part 1880--Financial Assistance, Local Governments

The payments in lieu of taxes regulations in subpart 1881 would be

amended by removing the definition of ``authorized officer.'' The

regulations on mineral development impact relief loans in subpart 1882

would be amended by removing the definitions of ``Secretary'' and

``Director.''

Part 2090--Special Laws and Rules

The regulations on segregation and opening of lands in subpart 2091

would be amended by removing the definition of ``authorized officer.''

Part 2200--Exchanges

The general procedure regulations on exchanges in part 2200 would

be amended by removing the definitions of ``appraisal or appraisal

report,'' ``authorized officer,'' and ``Secretary.''

Part 2300--Land Withdrawals

The general withdrawal regulations in part 2300 would be amended by

removing the definitions of ``authorized officer,'' ``applicant,'' and

``legal description.''

Sections 2310.1-2(c)(4) and 2310.1-3(b)(2) would be amended to

correct cross-references. Section 2300.0-1 would be amended to make it

clear that, as provided in the definition of ``applicant'' that is

being removed in this rule, only Federal departments, agencies, or

offices may apply for withdrawals of public lands.

Part 2360--National Petroleum Reserve in Alaska

The regulations on the management and protection of the National

Petroleum Reserve in Alaska would be amended by removing the

definitions of ``authorized officer'' and ``Secretary.''

Part 2400--Land Classification

The general land classification regulations in part 2400 would be

amended by removing the definition of ``multiple use.''

Part 2520--Desert-Land Entries

The general regulations on desert-land entries would be amended by

removing the definition of ``reclamation.''

Part 2610--Carey Act Grants

The general regulations on Carey Act grants would be amended by

removing the definition of ``reclamation.''

Part 2640--FAA Airport Grants

The regulations on Federal Aviation Administration airport grants

would be amended by removing the definitions of ``Secretary,''

``authorized officer,'' ``applicant,'' and ``conveyance document.''

The definition of ``applicant'' that would be removed is obsolete

in part because it refers to a provision of the Code of Federal

Regulations that no longer exists. However, the provision in the

definition that only public agencies, as defined in Section 503 of the

Airport and Airway Improvement Act of 1982 (49 U.S.C. 47102(15)), may

apply for an airport grant must be preserved in BLM's regulations.

Therefore, Sec. 2640.0-1 would be amended to make it clear that only a

State, agency of a State, a municipality or other political subdivision

of a State, a tax-supported

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organization, or an Indian tribe or pueblo may apply for an airport

grant under part 2640, in accordance with Section 516 of the Airport

and Airway Improvement Act (49 U.S.C. 47125).

Part 2650--Alaska Native Selections

The general regulations on Alaska Native selections would be

amended by removing the definitions of ``Secretary,'' ``patent,'' and

``Director.''

Part 2710--Sales: Federal Land Policy and Management Act

The general regulations on land sales under FLPMA would be amended

by removing the definitions of ``Secretary'' and ``authorized

officer.'' The rule would also amend Sec. 2710.0-8(a) to correct

grammar and remove an unnecessary cross-reference to the definition of

public lands in Sec. 2710.0-5--the definition applies, as stated at the

beginning of Sec. 2710.0-5, whether the cross-reference remains or is

removed.

Part 2720--Conveyance of Federally-Owned Mineral Interests

The regulations on the conveyance of Federally-owned mineral

interests under section 209 of FLPMA (43 U.S.C. 1719) would be amended

by removing the definition of ``authorized officer.''

Part 2740--Recreation and Public Purposes Act

The general regulations on the Recreation and Public Purposes Act

would be amended by removing the definition of ``authorized officer.''

Part 2800--Rights-of-Way, Principles and Procedures

The general regulations on rights-of-way in subpart 2800 would be

amended by removing the definitions of ``Secretary,'' ``authorized

officer,'' ``applicant,'' ``casual use,'' ``actual costs,'' and

``trespass.''

Part 2810--Tramroads and Logging Roads

The regulations on tram and logging roads over O. and C. and Coos

Bay Revested Lands would be amended by removing the definitions of

``Bureau,'' ``Timber of the United States'' or ``federal timber''

(considered as one term), and ``authorized officer.'' The second of

these terms--''Timber of the United States'' or ``federal timber''--

would not be defined separately in part 1300 but would be covered by

the definition of ``timber.''

Part 2880--Rights-of-Way Under the Mineral Leasing Act

The general regulations on oil and natural gas pipelines and

related facilities in subpart 2880 would be amended by removing the

definitions of ``applicant'' and ``authorized officer.''

Part 2910--Leases

The regulations on airport leases in subpart 2911 would be amended

by removing the definitions of ``authorized officer'' and

``applicant.'' A new provision would be added to the beginning of

Sec. 2911.2-2 to state the applicant qualifications currently contained

in the definition of ``applicant'' at Sec. 2911.0-5(d).

Part 2920--Leases, Permits and Easements

The regulations on leases, permits, and easements in part 2920

would be amended by removing the definitions of ``authorized officer,''

``lease,'' ``permit,'' ``land use plan,'' ``applicant,'' and ``casual

use.''

The proposed rule would also amend Secs. 2920.1-1(d) and 2920.1-

2(a) to incorporate in the regulation the requirement currently in the

definition of ``casual use'' that such use be ``noncommercial.''

Part 3000--Minerals Management; General

The general regulations on minerals management in part 3000 would

be amended by removing the definitions of ``Secretary,'' ``Director,''

``authorized officer,'' ``public domain lands,'' ``anniversary date,''

and ``Bureau.''

Part 3100--Oil and Gas Leasing

The general regulations on onshore oil and gas leasing in subpart

3100 would be amended by removing the definitions of ``lessee'' and

``bid.'' A reference to ``parties in interest'' would be clarified in

Sec. 3102.5-1.

Part 3130--Oil and Gas Leasing: National Petroleum Reserve, Alaska

The general regulations on oil and gas leasing in the National

Petroleum Reserve, Alaska, in part 3130 would be amended by removing

the definition of ``Bureau.''

Part 3150--Onshore Oil and Gas Geophysical Exploration

The general regulations on onshore oil and gas geophysical

exploration in subpart 3150 would be amended by removing the definition

of ``casual use.''

Part 3160--Onshore Oil and Gas Operations

The general regulations on onshore oil and gas operations in

subpart 3160 would be amended by removing the definition of ``lessor.''

The definition of ``lease'' would be retained in this part even though

it is also defined in part 1300, because of the significant differences

in terms between fluid mineral leases and other BLM leases. The

definition of ``lessee'' would be retained in this part, because of

special elements that need to be added to the definition of fluid

mineral ``lessee'' to accommodate the requirements of the Federal Oil

and Gas Royalty Simplification and Fairness Act of 1996 (Pub. L. 104-

185), which amended the Federal Oil and Gas Royalty Management Act (30

U.S.C. 1701 et seq.).

Part 3200--Geothermal Resources Leasing: General

The general regulations on geothermal resources leasing in subpart

3200 would be amended by removing the definitions of ``Secretary,''

``Director,'' ``authorized officer,'' ``anniversary date,'' ``Bureau,''

``lessee,'' and ``public domain lands.''

The regulations on geothermal resources exploration operations in

subpart 3209 would be amended by removing the definition of ``casual

use.'' Also, Sec. 3203.6 would be amended to correct a cross-reference

to this definition.

Part 3250--Utilization of Geothermal Resources

The regulations on use of geothermal resources would be amended by

removing the definitions of ``licensee'' and ``authorized officer'' and

by correcting cross-references contained in Sec. 3250.0-5.

Part 3260--Geothermal Resources Operations

The regulations on geothermal resources operations in part 3260

would be amended by removing the definition of ``casual use.''

Part 3420--Competitive Leasing

The regulations on competitive coal leasing in part 3420 contain no

definitions. However, this proposed rule would amend Sec. 3427.0-7 to

remove an inaccurate cross-reference.

Part 3460--Environment

The regulations on determining Federal lands unsuitable for coal

mining in subpart 3461 contain no definitions. However, this proposed

rule would adjust a cross-reference to the definition of ``alluvial

valley floor'' in Sec. 3461.5 to reflect numbering changes.

Part 3480--Coal Exploration and Mining Operations Rules

The general regulations on coal exploration and mining operations

in

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subpart 3480 would be amended by removing the definition of

``license.''

Part 3500--Leasing of Solid Minerals Other Than Coal and Oil Shale

The general regulations on leasing of solid minerals other than

coal and oil shale in subpart 3500 would be amended by removing the

definitions of ``Secretary,'' ``Director,'' ``authorized officer,''

``public domain lands,'' and ``Bureau.''

Part 3590--Solid Minerals (Other Than Coal) Exploration and Mining

Operations

The general regulations on exploration and mining operations for

solid minerals other than coal in subpart 3590 would be amended by

removing the definitions of ``lessee,'' ``licensee,'' ``permittee,''

and ``reclamation.''

The proposed general definition provides that, in the context of

resource use and extraction, ``reclamation'' means the measures

undertaken to bring about the rehabilitation, reconditioning,

restoration, or reshaping of lands or water affected by any surface- or

subsurface-disturbing use.

Part 3600--Mineral Materials Disposal: General

The general regulations on disposal of mineral materials in part

3600 would be amended by removing the definitions of ``Bureau,''

``Director,'' ``permittee,'' and ``authorized officer.'' In part 3600,

the term ``permittee'' is currently used interchangeably to mean an

entity that obtains a contract to buy mineral materials from the public

lands and an entity that obtains a free-use permit. In this proposed

rule, BLM proposes to substitute the more accurate term ``purchaser''

for the first of these two usages. A definition is proposed to be added

for this term in part 3600, and the term will be added or substituted

where appropriate. No substantive change is proposed by this action. As

a term to describe the holder of a free-use permit under part 3620,

``permittee'' as proposed to be defined in part 1300 should suffice.

Part 3800--Mining Claims Under the General Mining Laws

The regulations on exploration and mining in the context of the

wilderness review program in subpart 3802 would be amended by removing

the definitions of ``reclamation'' and ``authorized officer.''

In subpart 3802, the specific reclamation requirements that were

included in the definition of ``reclamation'' would be incorporated in

the section on reclamation, 3802.3-2(h). The language being moved

consists of regulatory requirements, rather than definitions, and thus

belongs more properly in the portion of the regulations containing

substantive requirements for operator action or procedure.

The regulations on surface management in connection with hardrock

mining in subpart 3809 would be amended by removing the definitions of

``authorized officer'' and ``mining laws.''

Part 3830--Location of Mining Claims

The regulations on recordation of mining claims, mill sites, and

tunnel sites, payment of service charges, and payment of rental fees in

subpart 3833 would be amended by removing the definition of

``authorized officer.''

Part 4100--Grazing Administration--Exclusive of Alaska

The general regulations on grazing administration outside of Alaska

in subpart 4100 would be amended by removing the definitions of

``activity plan,'' ``authorized officer,'' ``land use plan,'' and

``Secretary,'' and by clarifying and correcting a cross-reference in

Sec. 4100.0-8 on land use plans to reflect the role of public

participation in the development of land use plans.

Part 4200--Grazing Administration; Alaska; Livestock

The general regulations on livestock grazing in Alaska in subpart

4200 would be amended by removing the definitions of ``Secretary,''

``Director,'' and ``authorized officer.''

Part 4300--Grazing Administration; Alaska; Reindeer

The general regulations on reindeer grazing in Alaska in subpart

4300 would be amended by removing the definitions of ``Bureau,''

``Director,'' and ``authorized officer.''

Part 4700--Protection, Management, and Control of Wild Free-Roaming

Horses and Burros

The general regulations on protection, management, and control of

wild, free-roaming horses and burros in subpart 4700 would be amended

by removing the definition of ``authorized officer.''

Part 5400--Sales of Forest products; General

The general regulations on sales of forest products in subpart 5400

would be amended by removing the definitions of ``authorized officer,''

``Bureau,'' ``Director,'' ``Federal timber,'' ``timber,'' and

``trespass.'' The definition of ``permit'' would be retained in part

5400 because of the special usages and requirements of the forestry

program.

Part 8200--Procedures

The regulations on the management of the Fossil Forest Research

Natural Area, New Mexico, in subpart 8224 would be amended by removing

the definition of ``authorized officer.''

Part 8340--Off-Road Vehicles

The general regulations on off-road vehicles in subpart 8340 would

be amended by removing the definitions of ``Bureau'' and ``closed

area.'' Regulatory provisions contained in the definition of ``closed

area'' would be relocated in Sec. 8341.2 on special rules.

Part 8360--Visitor Services

The general regulations on visitor services in subpart 8360 would

be amended by removing the definition of ``authorized officer.''

Part 8560--Wilderness Areas

The regulations on the management of designated wilderness areas in

subpart 8560 would be amended by removing the definitions of

``authorized officer'' and ``Bureau.''

Part 9210--Fire Management

The regulations on wildfire prevention in subpart 9212 would be

amended by removing the definitions of ``authorized officer,''

``permit,'' and ``closed area.''

IV. Procedural Matters

The principal authors of this proposed rule are Michael Schwartz,

Special Assistant to the Assistant Director for Resource Use and

Protection, Olivia Short of the Regulatory Reinvention Initiative Team,

Jeff Holdren of the Use Authorization Team, Lois Mason of the Use

Authorization Team, and Frank Bruno and Ted Hudson of the Regulatory

Management Team, Bureau of Land Management.

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 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. You may review these documents by

contacting us at the address listed above (see ADDRESSES). If you wish

to submit comments in response to the EA and

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FONSI, you may do so in accordance with the Public Comment Procedures

section above, or contact us directly.

This rule is not subject to review by the Office of Management and

Budget under Executive Order 12866.

This proposed rule does not represent a governmental action capable

of interference with constitutionally protected property rights or

result in a taking of private property under Executive Order 12630. It

does not provide for the taking of any property rights or interests.

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. BLM has determined under the RFA

that this proposed rule would not have a significant economic impact on

a substantial number of small entities. Moving definitions from one

section to another will not have any economic impact whatsoever, and

the minor changes proposed in some of the definitions and the

conforming changes in regulatory text have been shown in a

Determination of Effects of Rules to have no discernible economic

impact.

This proposed rule does not contain information collection

requirements that require approval by the Office of Management and

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

Creation of a central definition section 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. Further, none of the minor changes proposed in the definitions,

and none of the correlative changes proposed in the program regulations

to accommodate the relocated and amended definitions will establish a

Federal mandate that may result in expenditures of $100 million or more

in any one year by State, local, and tribal governments in the

aggregate, or by the private sector. Therefore, a Section 202 statement

under the Unfunded Mandates Reform Act is not required.

The Department has determined that this rule meets the applicable

standards provided in sections 3(a) and 3(b)(2) of Executive Order

12988.

The proposed rule does 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, BLM has determined that the

proposed rule would not have sufficient federalism implications to

warrant preparation of a Federalism Assessment under Executive Order

12612.

List of Subjects

43 CFR Part 1300

Indians, Indians--lands, Public lands.

43 CFR Part 1600

Administrative practice and procedure, Environmental impact

statements, Indians, Intergovernmental relations, Public lands.

43 CFR Part 1780

Administrative practice and procedure, Advisory committees, Public

lands.

43 CFR Part 1810

Administrative practice and procedure, Archives and records,

Disaster assistance, Forests and forest products, Public lands.

43 CFR Part 1860

Administrative practice and procedure, Public lands.

43 CFR Part 1880

Administrative practice and procedure, Civil rights, Grants

programs-natural resources, Intergovernmental relations, Loan Programs-

natural resources, Public lands, Public lands-mineral resources.

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.

43 CFR Part 2200

National forests, Public lands.

43 CFR Part 2300

Administrative practice and procedure, Electric power, Federal

Energy Regulatory Commission, Public lands-withdrawal.

43 CFR Part 2360

Alaska, Environmental protection, Natural resources, Oil and gas

reserves, Public lands-withdrawal.

43 CFR Part 2400

Agriculture, Forests and forest products, Public lands-

classification, Public lands-mineral resources, Recreation and

recreation areas, Watersheds.

43 CFR Part 2520

Irrigation, Public lands, Reclamation, Reporting and recordkeeping

requirements.

43 CFR Part 2610

Homesteads, Intergovernmental relations, Irrigation, Public lands-

grants, Reclamation.

43 CFR Part 2640

Airports, Public lands-grants.

43 CFR Part 2650

Administrative practice and procedure, Alaska, Federal buildings

and facilities, Indians-claims, Indians-lands, National forests, Public

lands-grants, Wildlife refuges.

43 CFR Part 2710

Administrative practice and procedure, Public lands-mineral

resources, Public lands-sale.

43 CFR Part 2720

Administrative practice and procedure, Public lands-mineral

resources, Public lands-sale.

43 CFR Part 2740

Intergovernmental relations, Public lands-sale, Recreation and

recreation areas, Reporting and record keeping requirements.

43 CFR Part 2800

Communications, Electric power, Highways and roads, Pipelines,

Public lands-rights-of-way, Reporting and record keeping requirements.

43 CFR Part 2810

Highways and roads, Public lands-rights-of-way, Reporting and

recordkeeping requirements.

43 CFR Part 2880

Administrative practice and procedure, Common carriers, Pipelines,

Public lands-rights-of-way, Reporting and record keeping requirements.

43 CFR Part 2910

Airports, Alaska, Public lands, Recreation and recreation areas,

Waste treatment and disposal.

43 CFR Part 2920

Public lands, Reporting and recordkeeping requirements.

43 CFR Part 3000

Public lands-mineral resources.

43 CFR Part 3100

Government contracts, Mineral royalties, Oil and gas exploration,

Public lands-mineral resources,

[[Page 58849]]

Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3130

Alaska, Government contracts, Mineral royalties, Oil and gas

exploration, Oil and gas reserves, Public lands-mineral resources,

Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3150

Alaska, Oil and gas exploration, Public lands-mineral resources,

Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3160

Government contracts, Indians-lands, Mineral royalties, Oil and gas

exploration, Penalties, Public lands-mineral resources, Reporting and

recordkeeping requirements.

43 CFR Part 3200

Geothermal energy, Government contracts, Mineral royalties, Public

lands-mineral resources, Reporting and recordkeeping requirements,

Surety bonds.

43 CFR Part 3250

Geothermal energy, Government contracts, Public lands-mineral

resources, Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3260

Environmental protection, Geothermal energy, Government contracts,

Public lands-mineral resources, Reporting and recordkeeping

requirements.

43 CFR Part 3420

Administrative practice and procedure, Coal, Government contracts,

Intergovernmental relations, Mines, Public lands-mineral resources,

Reporting and recordkeeping requirements.

43 CFR Part 3460

Coal, Environmental protection, Government contracts, Mines, Public

lands-mineral resources.

43 CFR Part 3480

Government contracts, Intergovernmental relations, Mineral

royalties, Mines, Public lands-mineral resources, Reporting and

recordkeeping requirements.

43 CFR Part 3500

Government contracts, Mineral royalties, Public lands-mineral

resources, Reporting and recordkeeping requirements, Surety bonds.

43 CFR Part 3590

Environmental protection, Government contracts, Indians-lands,

Mines, Public lands-mineral resources, reporting and recordkeeping

requirements.

43 CFR Part 3600

Public lands-mineral resources, Reporting and recordkeeping

requirements.

43 CFR Part 3800

Administrative practice and procedure, Environmental protection,

Intergovernmental relations, Mines, Public lands-mineral resources,

Reporting and recordkeeping requirements, Surety bonds, Wilderness

areas.

43 CFR Part 3830

Mineral royalties, Mines, Public lands-mineral resources, Reporting

and recordkeeping requirements.

43 CFR Part 4100

Administrative practice and procedure, Grazing lands, Livestock,

Penalties, Range management, Reporting and recordkeeping requirements.

43 CFR Part 4200

Administrative practice and procedure, Alaska, Grazing lands,

Livestock, Range management.

43 CFR Part 4300

Administrative practice and procedure, Alaska, Grazing lands, Range

Management, Reindeer, Reporting and recordkeeping requirements.

43 CFR Part 4700

Horses, Intergovernmental relations, Penalties, Public lands, Range

management, Reporting and recordkeeping requirements, Wildlife.

43 CFR Part 5400

Administrative practice and procedure, Forests and forest products,

Public lands, Reporting and recordkeeping requirements.

43 CFR Part 8200

Public lands, Research.

43 CFR Part 8340

Public lands, Recreation and recreation areas, Traffic regulations.

43 CFR Part 8360

Penalties, Public lands, Recreation and recreation areas.

43 CFR Part 8560

Penalties, Public lands, Reporting and recordkeeping requirements,

Wilderness areas.

43 CFR Part 9210

Fire prevention, Penalties, Public lands.

Dated: November 7, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary of the Interior.

For the reasons set forth in the preamble above, BLM proposes to

amend Title 43 of the CFR as follows:

1. Part 1300 is added to read as follows:

PART 1300--DEFINITIONS

Sec.

1301.1 Purpose of this part.

1301.5 Definitions of key terms used by BLM.

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

Sec. 1301.1 Purpose of this part.

The purpose of this part is to collect in one location definitions

of terms common to many Bureau of Land Management services, activities,

programs, and operations.

Sec. 1301.0-5 Definitions of key terms used by BLM.

Some of the common definitions provided herein are also contained

in specific program regulations. Where such definitions are contained

in specific program regulations, the definitions contained in the

specific program regulations will govern. With that exception, as used

in this chapter, and as the context requires:

Activity plan means a plan for managing one or more resources or

values to achieve a desired outcome.

Actual costs means the costs expended by BLM in performing its

responsibilities and missions. These may include, but are not limited

to, processing an application or other document for use of the public

or other applicable Federal lands or resources, environmental impact

statements, or monitoring the construction, operation, maintenance, or

termination of the use authorized by a grant, permit, lease, or other

form of authorization. Actual costs include both direct and indirect

costs. For instance, for purposes of Category VI applications for

rights-of-way issued under part 2880 of this chapter and 30 U.S.C. 185,

actual costs are full administrative costs and other costs of

processing, including management overhead. If required by statute,

actual costs exclude management overhead.

Anniversary date means the same day and month in succeeding years

as that date on which an action or authorization became effective.

Applicant means any individual or business entity, association,

public agency, or unit of Federal, State, local, or tribal government

that applies for the

[[Page 58850]]

use, closure, preservation, classification, withdrawal, and/or transfer

of lands, interests in land, and/or resources administered by the BLM.

Appraisal or Appraisal report means a written opinion by a

qualified appraiser that impartially sets forth the market value of

land or interests in land as of a specific date. The report includes

the presentation and analysis of relevant market information.

Authorized officer means any employee of BLM or the Department who

has been delegated the authority to perform the duties described in BLM

regulations.

Bid means an amount offered to BLM for the value of, or as partial

compensation for, lands, resources, or rights to commodities being

offered for sale.

BLM means the Bureau of Land Management, or any officer or employee

authorized to act for the Bureau of Land Management in a particular

circumstance.

Bureau means the Bureau of Land Management, BLM.

Business day means any day Monday through Friday, excluding Federal

holidays, that the Federal Government is open for business.

Casual use means any short-term activity that only causes

negligible disturbance to the public lands, their resources or

improvements, and that is not prohibited by closure of the lands.

Activities that involve use of heavy equipment or explosives and that

involve vehicular movement other than over established roads and trails

are examples of activities that do not constitute casual use.

Closed area means any public lands temporarily closed by the BLM to

public use or entry in general or to a specified entry or use.

Conveyance means a transfer of legal title to land or interest(s)

in land or other property by a document in the form of a deed, patent,

interim conveyance issued under the Alaska Native Claims Settlement

Act, as amended (43 U.S.C. 1601 et seq.), approval or tentative

approval issued under the Act of July 7, 1958, as amended (72 Stat.

339), or other legal instrument.

Department means the Department of the Interior, unless otherwise

specified.

Director means the Director of BLM, unless otherwise specified.

Land use plan means a document developed under the provisions of

part 1600 of this chapter to establish management direction for

resource uses of public lands, such as a Resource Management Plan or

Management Framework Plan.

Lease means a written agreement entered into by BLM which conveys

an interest in lands which authorizes the use of lands or interests

therein for a fixed period of time.

Legal description means:

(1) A written description of a specific tract of land based on

either:

(i) An approved and filed Federal land survey executed as part of

the United States Public Land Survey System, or

(ii) A protraction diagram, where specifically authorized under

Federal law.

(2) In the absence of an approved and filed Federal survey or an

authorized protraction diagram, legal description means a written

description that defines the exterior boundaries of a tract of land by

reference to a metes and bounds survey or natural or other monuments.

Lessee means a person or entity that holds record title, in whole

or in part, in a lease issued by the United States.

Lessor means the party to a lease who holds the reversionary

interest in the estate that is being leased.

License means a privilege issued by BLM to do some particular act

or series of acts on land without conveying any estate or interest in

land.

Licensee means a person or entity who holds in whole or in part a

BLM license to use or explore public lands or resources or both.

Mineral leasing laws means the Mineral Leasing Act of 1920, as

amended (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired

Lands of 1947, as amended (30 U.S.C. 351-360), the Act of May 21, 1930

(30 U.S.C. 301-306), the Geothermal Steam Act of 1970 as amended (30

U.S.C. 1001 et seq.), and all laws supplementing and amending these

laws.

Mining laws means the Lode Law of 1866, as amended (14 Stat. 251),

the Placer Law of 1870, as amended (16 Stat. 217), and the Mining Law

of 1872, as amended (17 Stat. 91), and all laws supplementing and

amending these laws, including, but not limited to, the Building Stone

Act of 1892, as amended (27 Stat. 348), the Saline Placer Act of 1901

(31 Stat. 745) (See R.S. 2318-2352), the Surface Resources Act of 1955

(69 Stat. 367, 30 U.S.C. 611-614), 302 and 314 of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1732 and 1744), the

Omnibus Budget Reconciliation Act of 1993 (107 Stat. 312, 405-407), and

the Interior and Related Agencies Appropriations Act for fiscal year

1993 (106 Stat. 1374, 1378-79).

Multiple use means:

(1) The management of the public lands and their various surface

and subsurface resource values so that they are utilized in the

combination that will best meet the present and future needs of the

American people;

(2) The most judicious use of the land for some or all of these

resources or related services over areas large enough to provide

sufficient latitude for periodic adjustments in use to conform to

changing needs and conditions;

(3) The use of some land for less than all of the resources;

(4) A combination of balanced and diverse resource uses that takes

into account the long-term needs of future generations for renewable

and nonrenewable resources, including, but not limited to, recreation,

range, timber, minerals, watershed, wildlife and fish, and natural

scenic, scientific, and historical values; and

(5) Harmonious and coordinated management of the various resources,

each with the other, without permanent impairment of the productivity

of the land and the quality of the environment, with consideration

being given to the relative values of the various resources, and not

necessarily the combination of uses that will give the greatest

economic return or the greatest unit output.

National Forest System lands means all National Forest lands

reserved or withdrawn from the public domain of the United States, all

National Forest lands acquired through purchase, exchange, donation, or

other means, the National Grasslands and land utilization projects

administered by the U.S. Department of Agriculture, Forest Service,

under Title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et

seq.), and other lands, waters, or interests therein that are

administered by the Forest Service or are designated for administration

through the Forest Service as part of the system (16 U.S.C. 1609).

Patent means a conveyance document issued by the United States

granting legal title to surveyed lands or interests in lands; or the

document issued by the BLM to confirm legal title to land previously

granted through a clear list (a list of lands granted to entities such

as States and railroads in lieu of multiple patents), interim

conveyance issued under the Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.), or approval or tentative approval issued under

the Act of July 7, 1958, as amended (72 Stat. 339).

Permit generally means a written authorization to use public lands

or resources for a specified purpose, except as otherwise defined in

Sec. 5400.0-5 of this chapter.

Permittee means a person or entity who holds, in whole or in part,

a BLM

[[Page 58851]]

permit whether obtained from the BLM or by assignment.

Public domain lands means lands, including mineral estates, that

never left the ownership of the United States, lands that were obtained

by the United States in exchange for public domain lands, lands that

have reverted to the ownership of the United States through the

operation of the public land laws, and other lands specifically

identified by the Congress as part of the public domain.

Reclamation means:

(1) In regulations pertaining to resource use and extraction, the

measures undertaken to bring about the rehabilitation, reconditioning,

restoration, or reshaping of lands or water affected by any surface- or

subsurface-disturbing use; or

(2) In regulations pertaining to land entry by settlers, the

establishment of works to conduct water to land for irrigation and

cultivation.

Secretary means the Secretary of the Interior or his or her

authorized delegate.

Timber means standing trees, downed trees or logs that can be

measured in cubic or board feet. Federal timber, or timber of the

United States, is timber owned or managed by the United States or any

agency thereof, including timber on allotted and tribal Indian lands in

the O. and C. area as defined by Sec. 2812.0-5(e) of this chapter.

Trespass means any use, occupancy or development of the public

lands, or the severance, removal, damage, or unlawful use of the

resources of the public lands, without legal authority.

PART 1600--PLANNING, PROGRAMMING, BUDGETING

2. The authority citation for part 1600 is revised to read as

follows:

Authority: 43 U.S.C. 1712, 1740.

3. Section 1601.0-5 is amended by removing paragraph (f), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

4. Section 1610.2 is amended by revising the first sentence of

paragraph (j) to read as follows:

Sec. 1610.2 Public participation.

* * * * *

(j) When resource management plans involve areas of potential

mining for coal by means other than underground mining, and the surface

is privately owned, the Bureau of Land Management will consult with all

qualified surface owners, as that term is defined in Sec. 3400.0-5 of

this chapter. * * *

* * * * *

PART 1780--COOPERATIVE RELATIONS

5. The authority citation for part 1780 is revised to read as

follows:

Authority: 43 U.S.C. 1740.

6. Section 1784.0-5 is amended by removing paragraphs (b) and (c),

by removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 1810--INTRODUCTION AND GENERAL GUIDANCE

7. The authority citation for part 1810 is revised to read as

follows:

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

8. Section 1810.1 is amended by removing paragraph (f).

PART 1860--CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS

9. The authority citation for part 1860 is added to read as

follows:

Authority: 43 U.S.C. 1161, 1201, and 1740.

10. The authority citations for subparts 1862 and 1863 are removed.

11. Section 1864.0-5 is amended by removing paragraph (a), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

12. Section 1865.0-5 is amended by removing paragraph (a), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 1880--FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS

13. The authority citation for part 1880 is added to read as

follows:

Authority: 43 U.S.C. 1740.

14. The authority citation for subpart 1881 is removed.

15. Section 1881.0-5 is amended by removing paragraph (e).

16. The authority citation for subpart 1882 is removed.

17. Section 1882.0-5 is amended by removing paragraphs (a) and (b),

and by removing the remaining lettered paragraph designation ``(c).''

PART 2090--SPECIAL LAWS AND RULES

18. The authority citation for part 2090 is revised to read as

follows:

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

30 U.S.C. 189.

19. Section 2091.0-5 is amended by removing paragraph (a), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2200--EXCHANGES: GENERAL PROCEDURES

20. The authority citation for part 2200 is revised to read as

follows:

Authority: 43 U.S.C. 1740.

21. Section 2200.0-5 is amended by removing paragraphs (c), (g),

and (v), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 2300--LAND WITHDRAWALS

22. The authority citation for part 2300 continues to read as

follows:

Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR

4831, 4833).

23. Section 2300.0-1 is amended by revising the first sentence of

paragraph (a) to read as follows:

Sec. 2300.0-1 Purpose.

(a) These regulations set forth procedures implementing the

Secretary of the Interior's authority to process the applications of

Federal departments, agencies, and offices for public land withdrawals

and, if appropriate, to make, modify or extend such Federal land

withdrawals. * * *

24. Section 2300.0-5 is amended by removing paragraphs (b), (l),

and (n), by removing all of the remaining lettered paragraph

designations in the section, and by reordering the remaining

definitions in alphabetical order.

25. Section 2310.1-2 is amended by revising paragraph (c)(4) to

read as follows:

Sec. 2310.1-2 Submission of applications.

* * * * *

(c) * * *

(4) The type of withdrawal action that is being requested (See the

definition of withdrawal in Sec. 2300.0-5), and whether the application

pertains to the making, extension, or modification of a withdrawal.

* * * * *

26. Section 2310.1-3 is amended by revising paragraph (b)(2) to

read as follows:

[[Page 58852]]

Sec. 2310.1-3 Submission of withdrawal petitions.

* * * * *

(b) * * *

(2) The type and purpose of the proposed withdrawal action (See the

definition of withdrawal in Sec. 2300.0-5), and whether the petition

pertains to the making, extension, or modification of a withdrawal;

* * * * *

PART 2360--NATIONAL PETROLEUM RESERVE IN ALASKA

27. The authority citation for part 2360 is added to read as

follows:

Authority: 43 U.S.C. 1733 and 1740; 42 U.S.C. 6503.

28. Section 2361.0-5 is amended by removing paragraphs (b) and (e),

and by removing all of the remaining lettered paragraph designations in

the section.

PART 2400--LAND CLASSIFICATION

29. The authority citation for part 2400 is added to read as

follows:

Authority: 43 U.S.C. 1740.

30. Section 2400.0-5 is amended by removing paragraph (o), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2520--DESERT-LAND ENTRIES

31. The authority citation for part 2520 is revised to read as

follows:

Authority: 43 U.S.C. 1201, 1733, 1740.

32. Section 2520.0-5 is amended by removing paragraph (a)(1), by

removing all of the remaining paragraph designations in the section,

and by placing the remaining definitions in alphabetical order.

PART 2610--CAREY ACT GRANTS

33. The authority citation for part 2610 continues to read as

follows:

Authority: 43 U.S.C. 641.

34. Section 2610.0-5 is amended by removing paragraph (h), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2640--FAA AIRPORT GRANTS

35. The authority citation for part 2640 is revised to read as

follows:

Authority: 43 U.S.C. 1740, 49 U.S.C. 47101 et seq.

36. Section 2640.0-1 is revised to read as follows:

Sec. 2640.0-1 Purpose.

This subpart sets forth procedures for the issuance of conveyance

documents for lands under the jurisdiction of the Department of the

Interior to public agencies--States, agencies of States, municipalities

or other political subdivisions of States, tax-supported organizations,

or Indian tribes or pueblos--for use as airports and airways.

37. Section 2640.0-5 is amended by removing paragraphs (b), (c),

(e), and (g), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

38. Section 2640.0-7 is removed.

PART 2650--ALASKA NATIVE SELECTIONS

39. The authority citation for part 2650 is revised to read as

follows:

Authority: 43 U.S.C. 1624.

40. Section 2650.0-5 is amended by removing paragraphs (b), (i),

and (s), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 2710--SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT

41. The authority citation for part 2710 continues to read as

follows:

Authority: 43 U.S.C. 1713, 1740.

42. Section 2710.0-5 is amended by removing paragraphs (b) and (c),

by removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

43. Section 2710.0-8 is amended by revising the introductory text

of paragraph (a) to read as follows:

Sec. 2710.0-8 Lands subject to sale.

(a) All public lands that meet the disposal criteria specified

under Sec. 2710.0-3 are subject to sale under this part, except:

* * * * *

PART 2720--CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS

44. The authority citation for part 2720 is revised to read as

follows:

Authority: 43 U.S.C. 1719, 1733, 1740.

45. Section 2720.0-5 is amended by removing paragraph (c), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2740--RECREATION AND PUBLIC PURPOSES ACT

46. The authority citation for part 2740 is revised to read as

follows:

Authority: 43 U.S.C. 1740; 31 U.S.C. 9701.

47. Section 2740.0-5 is amended by removing paragraph (b), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES

48. The authority citation for part 2800 is revised to read as

follows:

Authority: 31 U.S.C. 9701; 43 U.S.C. 1733, 1740.

49. Section 2800.0-5 is amended by removing paragraphs (b), (c),

(e), (m), (o), and (u), by removing all of the remaining lettered

paragraph designations in the section, and by placing the remaining

definitions in alphabetical order.

50. Section 2800.0-7 is amended by adding paragraph (d) to read as

follows:

Sec. 2800.0-7 Scope.

* * * * *

(d) Casual use does not require a right-of-way grant or temporary

use permit under this chapter.

PART 2810--TRAMROADS AND LOGGING ROADS

51. The authority citation for part 2810 is revised to read as

follows:

Authority: 43 U.S.C. 1732-1733, 1740.

52. Section 2812.0-5 is amended by removing paragraphs (a), (b),

and (d), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT

53. The authority citation for part 2880 is revised to read as

follows:

Authority: 30 U.S.C. 185.

54. Section 2880.0-5 is amended by removing paragraphs (c) and (d),

by removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 2910--LEASES

55. The authority citation for part 2910 is revised to read as

follows:

Authority: 43 U.S.C. 687c, 687c-1; 43 U.S.C. 1740.

[[Page 58853]]

56. The authority citation for subpart 2911 is removed.

57. Section 2911.0-5 is amended by removing paragraphs (b) and (d),

by removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

58. Section 2911.2-2 is amended by redesignating paragraphs (a),

(b), and (c) as paragraphs (b), (c), and (d), respectively, and by

adding a new paragraph (a) to read as follows:

Sec. 2911.2-2 Applications.

(a) An application may only be submitted by:

(1) A citizen of the United States;

(2) A group or association of citizens of the United States;

(3) A corporation organized under the laws of the United States or

of any State, authorized to conduct business in the State in which the

land involved is situated; or

(4) A State or political subdivision or instrumentality thereof,

such as a county or municipality.

* * * * *

59. The authority citation for subpart 2912 is removed.

PART 2920--LEASES, PERMITS AND EASEMENTS

60. The authority citation for part 2920 is revised to read as

follows:

Authority: 43 U.S.C. 1732-1733, 1740.

61. Section 2920.0-5 is amended by removing paragraphs (a), (c),

(d), (f), (j), and (k), by removing all of the remaining lettered

paragraph designations in the section, and by placing the remaining

definitions in alphabetical order.

62. Section 2920.1-1 is amended by revising paragraph (d) to read

as follows:

Sec. 2920.1-1 Authorized use.

* * * * *

(d) No land use authorization is required under the regulations in

this part for noncommercial casual use of the public lands.

63. Section 2920.1-2 is amended by revising the first sentence of

paragraph (a) to read as follows:

Sec. 2920.1-2 Unauthorized use.

(a) Any use, occupancy, or development of the public lands, other

than noncommercial casual use as defined in Sec. 1301.0-5 of this

chapter, without authorization under the procedures in Sec. 2920.1-1 or

without authorization under parts 3000 through 3870, is considered a

trespass. * * *

* * * * *

PART 3000--MINERALS MANAGEMENT; GENERAL

64. The authority citation for part 3000 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 306; 30 U.S.C. 359; 16

U.S.C. 3150; 43 U.S.C. 1733, 1740; 42 U.S.C. 6508; 31 U.S.C. 9701.

65. Section 3000.0-5 is amended by removing paragraphs (c), (d),

(e), (g), (i), and (o), by removing all of the remaining lettered

paragraph designations in the section, and by placing the remaining

definitions in alphabetical order.

PART 3100--OIL AND GAS LEASING

66. The authority citation for part 3100 is revised to read as

follows:

Authority: 30 U.S.C. 189, 30 U.S.C. 359, 43 U.S.C. 1733, 1740.

67. Section 3100.0-5 is amended by removing paragraphs (i) and (k),

by removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

68. Section 3102.5-1 is amended by adding the words ``in interest''

after the word ``parties'' in the last sentence of the introductory

text and by removing the paragraph designation ``(k)'' from

Sec. 3000.0-5 in the parenthetical.

PART 3130--OIL AND GAS LEASING: NATIONAL PETROLEUM RESERVE, ALASKA

69. The authority citation for part 3130 is revised to read as

follows:

Authority: 42 U.S.C. 6508; 43 U.S.C. 1733, 1740.

70. Section 3130.0-5 is amended by removing paragraph (b), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION

71. The authority citation for part 3150 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;

16 U.S.C. 3150; 42 U.S.C. 6508; 31 U.S.C. 9701.

72. Section 3150.0-5 is amended by removing paragraph (b) and by

removing the remaining paragraph designation (a).

PART 3160--ONSHORE OIL AND GAS OPERATIONS

73. The authority citation for part 3160 is revised to read as

follows:

Authority: 43 U.S.C. 1733, 1740; 30 U.S.C. 189; 30 U.S.C 359; 30

U.S.C. 306; 25 U.S.C. 396d, 399; 42 U.S.C. 6508; 30 U.S.C. 1751.

74. Section 3160.0-5 is amended by removing paragraph (i), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL

75. The authority citation for part 3200 is revised to read as

follows:

Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.

76. Section 3200.0-5 is amended by removing paragraphs (b), (g),

(m), (o), (q), (t), (w), by removing all of the remaining lettered

paragraph designations in the section, and by placing the remaining

definitions in alphabetical order.

77. Section 3203.6 is amended by removing from the introductory

text the cross reference ``3209.0-5'' and adding in its place the cross

reference ``1301.0-5.''

78. Section 3209.0-5 is amended by removing paragraph (c), and by

removing both of the remaining lettered paragraph designations in the

section.

PART 3250--UTILIZATION OF GEOTHERMAL RESOURCES

79. The authority citation for part 3250 is revised to read as

follows:

Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.

80. Section 3250.0-5 is amended by removing paragraph (a) and (b),

by removing from the cross-reference at the end of paragraph (g) the

paragraph designations ``(f) and (g),'' by removing all of the

remaining lettered paragraph designations in the section, and by

placing the remaining definitions in alphabetical order.

PART 3260--GEOTHERMAL RESOURCES OPERATIONS

81. The authority citation for part 3260 is revised to read as

follows:

Authority: 30 U.S.C. 1023, 43 U.S.C. 1733, 1740.

82. Section 3260.0-5 is amended by removing paragraph (j), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 3420--COMPETITIVE LEASING

83. The authority citation for part 3420 is revised to read as

follows:

[[Page 58854]]

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 43

U.S.C. 1733, 1740.

84. Section 3427.0-7 is amended by removing ``(43 CFR 3500.0-5)''

at the end of paragraph (b).

PART 3460--ENVIRONMENT

85. The authority citation for part 3460 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 43

U.S.C. 1733, 1740.

86. Section 3461.5 is amended by removing the paragraph designation

``(a)'' from the cross-reference to Sec. 3400.0-5 that appears in

paragraph (s)(1) of this section.

PART 3480--COAL EXPLORATION AND MINING OPERATIONS RULES

87. The authority citation for part 3480 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 30 U.S.C. 1266; 16

U.S.C. 1540; 25 U.S.C. 396d, 399; 43 U.S.C. 1733, 1740.

88. Section 3480.0-5 is amended by removing paragraph (a)(18), by

removing all of the remaining numbered paragraph designations in

paragraph (a), and by placing the remaining definitions in alphabetical

order.

PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE

89. The authority citation for part 3500 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;

31 U.S.C. 9701; 30 U.S.C. 192c; 30 U.S.C. 293; 16 U.S.C. 508b; 16

U.S.C. 460n-5; 16 U.S.C. 460q-1; 16 U.S.C. 460dd-2; 16 U.S.C. 460mm-

1, 460mm-3.

90. Section 3500.0-5 is amended by removing paragraphs (a), (b),

(d), (f), and (m), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING

OPERATIONS

91. The authority citation for part 3590 is revised to read as

follows:

Authority: 30 U.S.C. 189; 30 U.S.C. 359; 43 U.S.C. 1733, 1740;

30 U.S.C. 192c; 16 U.S.C. 508b; 30 U.S.C. 293; 16 U.S.C. 460n-5; 16

U.S.C. 460dd-2; 16 U.S.C. 460mm-3; 31 U.S.C. 9701; 25 U.S.C. 396d;

25 U.S.C. 396; 25 U.S.C. 2107.

92. Section 3590.0-5 is amended by removing paragraphs (c), (d),

(e), and (g), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 3600--MINERAL MATERIALS DISPOSAL: GENERAL

93. The authority citation for part 3600 is added to read as

follows:

Authority: 30 U.S.C. 601; 43 U.S.C. 1733, 1740.

94. Section 3600.0-5 is amended by removing paragraphs (a), (b),

(c), and (d), by removing all of the remaining lettered paragraph

designations in the section, by placing the remaining definitions in

alphabetical order, and by adding the definition of ``purchaser'' in

proper alphabetical order, to read as follows:

Sec. 3600.0-5 Definitions.

* * * * *

Purchaser means a business or government entity, or other person,

buying or holding a contract to purchase mineral materials on the

public lands.

* * * * *

95. Section 3601.1-2 is amended by revising paragraphs (a) and (b)

to read as follows:

Sec. 3601.1-2 Authorization to use lands subject to material sales

contracts and free use permits.

(a) The purchaser under contract of sale or the permittee with a

permit for free use has, unless otherwise provided, the right to:

(1) Extract, remove, process and stockpile the material until the

termination of the contract or permit regardless of any subsequent

appropriation under the provisions of the general land laws; and

(2) Use and occupy the described lands if it is determined by the

authorized officer to be necessary for fulfillment of the contract or

permit until termination of that contract.

(b) The purchaser or permittee is subject to the continuing rights

of the United States to issue leases, permits, and licenses for the use

and occupancy of the lands, provided that this authorized use does not

endanger or materially interfere with the production or removal of

materials under contract or permit.

* * * * *

96. Section 3602.1-2 is amended by revising paragraph (a) to read

as follows:

Sec. 3602.1-2 Reclamation plans.

* * * * *

(a) A statement of the proposed manner and time for completion of

the reclamation of the areas disturbed by the purchaser's or

permittee's operations.

* * * * *

97. Section 3602.1-3 is amended by revising paragraph (b), the

first sentence of paragraph (c), and paragraph (d), to read as follows:

Sec. 3602.1-3 Approval and modification of mining and reclamation

plans.

* * * * *

(b) The purchaser's or permittee's operation must not deviate from

the plan approved by BLM.

(c) An approved mining or reclamation plan may be modified by

mutual agreement of BLM and the purchaser or permittee at any time to

adjust to changed conditions, or correct any oversight potentially

resulting in undue or unnecessary degradation. * * *

(d) BLM will review the proposed plan modification and within 30

days will notify the purchaser or permittee of its approval or needed

changes.

98. Section 3602.2 is amended by revising the third sentence of

paragraph (a) to read as follows:

Sec. 3602.2 Sampling and testing.

(a) * * * The purchaser or permittee must submit his findings to

BLM. * * *

99. Section 3602.3 is revised to read as follows:

Sec. 3602.3 Removal of improvements.

After the contract or permit period expires, BLM may grant the

purchaser or permittee no more than 90 days, excluding periods of

inclement weather, to remove the equipment, personal property, and any

other improvements placed on the public lands by the purchaser or

permittee. Improvements such as roads, culverts and bridges may remain

in place with the consent of BLM. If the purchaser or permittee fails

to remove such equipment, personal property, or any other improvements,

such equipment, property, or improvements will become the property of

the United States but the purchaser or permittee will remain liable for

the cost of removal of such equipment, personal property, and any other

improvements, and for restoration of the site.

100. Section 3604.1 is amended by revising the second sentence of

paragraph (d) to read as follows:

Sec. 3604.1 Non-exclusive disposal.

* * * * *

(d) * * * No mining or reclamation plan will be required, but the

purchaser or permittee must comply with the terms of the contract or

permit to protect health and safety and prevent undue or unnecessary

degradation of the public lands.

101. Section 3604.2 is amended by revising the second sentence of

paragraph (a) to read as follows:

[[Page 58855]]

Sec. 3604.2 Reclamation.

(a) * * * However, BLM may allow qualified purchasers and

permittees to perform interim or final reclamation, where needed, in

lieu of paying reclamation charges.

PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS

102. The authority citation for part 3800 is revised to read as

follows:

Authority: 16 U.S.C. 351; 16 U.S.C. 460y-4; 30 U.S.C. 22; 31

U.S.C. 9701; 43 U.S.C. 154; 43 U.S.C. 299; 43 U.S.C. 1201; 43 U.S.C.

1733, 1740; 30 U.S.C. 28k.

103. Section 3802.0-5 is amended by removing paragraphs (a) and

(h), by removing all of the remaining lettered paragraph designations

in the section, and by placing the remaining definitions in

alphabetical order.

104. Section 3802.3-2 is amended by revising paragraph (h) to read

as follows:

Sec. 3802.3-2 Requirements for environmental protection.

* * * * *

(h) Reclamation. (1) The operator must reclaim those lands

disturbed or affected by its mining operation conducted under an

approved plan of operations. The operator may propose and submit with

the plan of operations measures for reclamation of the affected area.

BLM may approve the measures suggested by the operator or may require

other reclamation measures.

(2) Reclamation under this subpart must include the following

elements:

(i) Reshaping of the lands disturbed and affected by mining

operations to the approximate original contour or to an appropriate

contour considering the surrounding topography as determined by BLM;

(ii) Restoring such reshaped lands by replacement of topsoil; and

(iii) Revegetating the lands by using species previously occurring

in the area to provide a vegetative cover at least to the point where

natural succession is occurring.

(3) Reclamation must be carried out as contemporaneously as

feasible with operations. It must be commenced, conducted, and

completed as soon after disturbance as feasible without undue physical

interference with mining operations.

(4) BLM will not require the operator to reclaim disturbances or

effects caused by separate operations in mined areas abandoned before

April 2, 1980.

* * * * *

105. Section 3809.0-5 is amended by removing paragraphs (a) and

(e), by removing all of the remaining lettered paragraph designations

in the section, and by placing the remaining definitions in

alphabetical order.

PART 3830--LOCATION OF MINING CLAIMS

106. The authority citation for part 3830 is revised to read as

follows:

Authority: 30 U.S.C. 22, 28k; 43 U.S.C. 1201; 31 U.S.C. 9701; 43

U.S.C. 1733, 1740.

107. Section 3833.0-5 is amended by removing paragraph (s), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA

108. The authority citation for part 4100 is revised to read as

follows:

Authority: 43 U.S.C. 315a-r; 43 U.S.C. 1181d; 43 U.S.C. 1733,

1740.

109. Section 4100.0-5 is amended by removing the definitions of

``activity plan,'' ``authorized officer,'' ``land use plan,'' and

``Secretary.''

110. Section 4100.0-8 is amended by revising the final sentence to

read as follows:

Sec. 4100.0-8 Land use plans.

* * * Livestock grazing activities and management actions approved

by the authorized officer must be in conformance with the land use

plan, as defined at Sec. 1301.0-5 of this chapter, and as prepared in

accordance with the public participation requirements of Sec. 1610.2 of

this chapter.

PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK

111. The authority citation for part 4200 is revised to read as

follows:

Authority: 43 U.S.C. 316n; 43 U.S.C. 1181d; 43 U.S.C. 1733,

1740.

112. Section 4200.0-5 is amended by removing paragraphs (a), (b),

and (c), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER

113. The authority citation for part 4300 is revised to read as

follows:

Authority: 43 U.S.C. 316n; 43 U.S.C. 1181d; 43 U.S.C. 1733,

1740.

114. Section 4300.0-5 is amended by removing paragraphs (c), (d),

and (e), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREEROAMING

HORSES AND BURROS

115. The authority citation for part 4700 is revised to read as

follows:

Authority: 16 U.S.C. 1336; 43 U.S.C. 1733, 1740; 43 U.S.C. 315a.

116. Section 4700.0-5 is amended by removing paragraph (b) and by

removing all of the remaining lettered paragraph designations in the

section.

PART 5400--SALES OF FOREST PRODUCTS; GENERAL

117. The authority citation for part 5400 is revised to read as

follows:

Authority: 30 U.S.C. 601; 43 U.S.C. 315a; 16 U.S.C. 607a; 16

U.S.C. 615a; 43 U.S.C. 1733, 1740.

118. Section 5400.0-5 is amended by removing the definitions of

``authorized officer,'' ``Bureau,'' ``Director,'' ``Federal timber,''

``timber,'' and ``trespass.''

PART 8200--PROCEDURES

119. The authority citation for part 8200 is revised to read as

follows:

Authority: 43 U.S.C. 1740; 43 U.S.C. 1181e; 43 U.S.C. 1201.

120. Section 8224.0-5 is amended by removing paragraph (a), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 8340--OFF-ROAD VEHICLES

121. The authority citation for part 8340 is revised to read as

follows:

Authority: 43 U.S.C. 1201; 43 U.S.C. 315a; 16 U.S.C. 1540; 16

U.S.C. 670h; 16 U.S.C. 460l-6a; 16 U.S.C. 1246; 43 U.S.C. 1733,

1740.

122. Section 8340.0-5 is amended by removing paragraphs (c) and

(h), by removing all of the remaining lettered paragraph designations

in the section, and by placing the remaining definitions in

alphabetical order.

123. Section 8341.2 is amended by adding at the end of paragraph

(b) two new sentences to read as follows:

Sec. 8341.2 Special rules.

* * * * *

(b) * * * BLM may allow the use of off-road vehicles in closed

areas in its discretion. Such use may be made only with the approval of

BLM.

[[Page 58856]]

PART 8360--VISITOR SERVICES

124. The authority citation for part 8360 is revised to read as

follows:

Authority: 43 U.S.C. 1733, 1740; 43 U.S.C. 315a; 16 U.S.C. 670h;

16 U.S.C. 460l-6a; 16 U.S.C. 1246.

125. Section 8360.0-5 is amended by removing paragraph (a), by

removing all of the remaining lettered paragraph designations in the

section, and by placing the remaining definitions in alphabetical

order.

PART 8560--WILDERNESS AREAS

126. The authority citation for part 8560 is revised to read as

follows:

Authority: 43 U.S.C. 1733, 1740, 1782; 16 U.S.C. 1133.

127. Section 8560.0-5 is amended by removing paragraphs (b) and

(c), by removing all of the remaining lettered paragraph designations

in the section, and by placing the remaining definitions in

alphabetical order.

PART 9210--FIRE MANAGEMENT

128. The authority citation for part 9210 is revised to read as

follows:

Authority: 43 U.S.C. 1733, 1740.

129. Section 9212.0-5 is amended by removing paragraphs (b), (f),

and (g), by removing all of the remaining lettered paragraph

designations in the section, and by placing the remaining definitions

in alphabetical order.

[FR Doc. 96-29305 Filed 11-18-96; 8:45 am]

BILLING CODE 4310-84-P