Use by Settlers and Homesteaders of Timber on Their Pending Claims and Free Use of Timber Upon Oil and Gas Leases

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5510

RIN 1004-AC92

Use by Settlers and Homesteaders of Timber on Their Pending

Claims and Free Use of Timber Upon Oil and Gas Leases

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule completely removes certain sections of Title

43, Code of Federal Regulations (CFR), which govern the free use of

timber on public lands and upon oil and gas leases. The rule also

removes cross references to these sections. These regulations are

obsolete and have not been used in many years. Removing them meets one

of the objectives of President Clinton's regulatory reform initiative--

to eliminate outdated and unnecessary regulations from the CFR.

EFFECTIVE DATE: October 31, 1997.

ADDRESSES: You may send inquiries or suggestions to: Director (630),

Bureau of Land Management, 1849 C Street, NW, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Jeff Holdren, (202) 452-7779

(Commercial or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule

II. Procedural Matters

I. Background and Discussion of Final Rule

Section 5511.1-2 of 43 CFR describes procedures that homesteaders

may use to obtain free use of timber on public lands. However, no

applications have been submitted to the Bureau of Land Management (BLM)

under this subpart for many years, principally because of two laws.

First, the Taylor Grazing Act of June 28, 1934, 43 U.S.C. 315-315r,

requires that lands be classified for the proposed use before occupancy

on the land is allowed. Secondly, section 702 of the Federal Land

Policy and Management Act of 1976, (90 Stat. 2787), repealed the

homestead laws which, in effect, rendered unnecessary the regulatory

requirements of Section 5511.1-2.

Similarly, the procedures under Section 5511.1-4, which lessees

must use to obtain free use of timber on oil and gas leases, are

outmoded. No applications under this subpart have been submitted to BLM

in many years, principally because oil and gas lessees no longer need

to use timber on their leases because they now have access to modern

industrial techniques.

Because Sections 5511.1-2 and 5511.1-4 are obsolete and have no

pending applications, the BLM published a proposed rule in the

September 13, 1996, Federal Register, 61 FR 48455, to completely remove

them from 43 CFR. The public was given a 30-day period in which to

submit comments on the proposed rule. BLM did not receive any comments.

BLM is making a conforming change to the final rule that will

remove the cross references to Sections 5511.1-2 and 5511-1-4 that

appear at 5511.2-1(a), 5511.2-5, and 5511.4(b)(2) in 43 CFR. In all

other respects, the final rule is the same as the proposed rule.

II. Procedural Matters

National Environmental Policy Act of 1969

BLM has prepared an environmental assessment (EA) and has found

that this rule would not constitute a major Federal action

significantly affecting the quality of the human environment under

section 102(2)(C) of the National Environmental Policy Act of 1969

(NEPA), 42 U.S.C. 4332(2)(C). No environmental impact statement will be

prepared. BLM has placed the EA and the Finding of No Significant

Impact (FONSI) on file in the BLM Administrative Record, Room 401, 1620

L Street, NW, Washington, D.C. The notice of proposed rulemaking

inaccurately reported at 61 FR 48456 that the rule was categorically

excluded from the NEPA process.

Paperwork Reduction Act

This rule does not contain information collection requirements that

the Office of Management and Budget must approve under the Paperwork

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

Regulatory Flexibility Act

Congress enacted the Regulatory Flexibility Act of 1980, 5 U.S.C.

601 et seq., to ensure that Government regulations do not unnecessarily

or disproportionately burden small entities. The RFA requires a

regulatory flexibility analysis if a rule would have a significant

economic impact, either detrimental or beneficial, on a substantial

number of small entities. Based on the discussion in the preamble

above, that the rule merely removes redundant and unnecessary

requirements, BLM anticipates that this final rule will have no

significant impact on the public at large. Therefore,

[[Page 51377]]

BLM has determined under the RFA that this final rule will not have a

significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

Removal of sections 5511.1-2, 5511-1.4, 5511.2-1(a), 5511.2-5, and

5511-4(b)(2) of 43 CFR will not result in any unfunded mandate to

State, local or tribal governments in the aggregate, or to the private

sector, of $100 million or more in any one year.

Executive Order 12612

The final rule will not have a substantial direct effect on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, BLM has determined that this proposed rule does not have

sufficient federalism implications to warrant preparation of a

Federalism assessment.

Executive Order 12630

The final rule does not represent a government action capable of

interference with constitutionally protected property rights. Section

2(a)(1) of Executive Order 12630 specifically exempts actions

abolishing regulations or modifying regulations in a way that lessens

interference with private property use from the definition of

``policies that have takings implications.'' Since the primary function

of the final rule is to abolish unnecessary regulations, there will be

no private property rights impaired as a result. Therefore, the

Department of the Interior has determined that the rule would not cause

a taking of private property, or require further discussion of takings

implications under this Executive Order.

Executive Order 12866

According to the criteria listed in section 3(f) of Executive Order

12866, BLM has determined that the final rule is not a significant

regulatory action. As such the final rule is not subject to Office of

Management and Budget review under section 6(a)(3) of the order.

Executive Order 12988

The Department of the Interior has determined that this rule meets

the applicable standards provided in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice Reform.

Report to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, BLM submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office before publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Author

The principal author of this final rule is Frances Watson,

Regulatory Affairs Group, Bureau of Land Management, 1849 C Street,

N.W., Room 401 LS, Washington, D.C. 20240; Telephone 202/452-5006.

List of Subjects in 43 CFR Part 5510

Forests and forest products, Public lands.

For the reasons stated in the preamble, and under the authority of

43 U.S.C. 1740, Part 5510 of Title 43 of the Code of Federal

Regulations is amended as follows:

PART 5510--[AMENDED]

1. The authority citation for part 5510 continues to read as

follows:

Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat.

1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41

Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43

U.S.C. 1201, 30 U.S.C. 189.

Sec. 5511.1-2 [Removed]

2. Section 5511.1-2 is removed.

Sec. 5511.1-4 [Removed]

3. Section 5511.1-4 is removed.

Sec. 5511.2-1 [Amended]

4. Section 5511.2-1 is amended by removing paragraph (a) and

removing the paragraph designation (b).

Sec. 5511.2-5 [Removed]

5. Section 5511.2-5 is removed.

Sec. 5511.4 [Amended]

6. Section 5511.4 is amended by removing and reserving paragraph

(b)(2).

Dated: September 25, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and Minerals Management.

[FR Doc. 97-26005 Filed 9-30-97; 8:45 am]

BILLING CODE 4310-84-P