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

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I. Public Comment Procedures II. Discussion of Proposed Rule III. Procedural Matters.

I. Public Comment Procedures

Written comments on the proposed rule should be specific, focus on issues pertinent to the proposed rule, and explain the reason for any

recommended change. Where possible, comments should reference the specific section or paragraph of the proposal being addressed. If comments are received after the close of the comment period (see DATES) or delivered to an address other than the one listed above (see ADDRESSES), BLM will not necessarily consider or include them in the Administrative Record for the final rule.

II. Discussion of Proposed 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 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 Secondly, section 702 of the Federal Land Policy and Management Act of 1976 (FLPMA), 90 Stat. 2787, repealed the homestead laws which, in effect, rendered unnecessary the regulatory requirements of Section 5511.1-2.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. Lessees now have access to modern industrial techniques. Because Sections 5511.1-2 and 5511.1-4 are obsolete and there are no pending applications, these regulations serve no useful purpose. Removing these subparts will meet an objective of the Administration to eliminate outdated and unnecessary regulations from the CFR.

III. Procedural Matters

National Environmental Policy Act of 1969

The proposed rule is administrative and procedural in nature. It, therefore, is categorically excluded from the study process required by the National Environmental Policy Act of 1969 (42 U.S.C. 4331(2)(C)), pursuant to 516 Departmental Manual (DM), Chapter 2, Item 1.10, and it would not meet any of the 10 criteria for exceptions to categorical exclusions listed in 516 DM 2, Appendix 2. Under the Council on Environmental Quality regulations (40 CFR 1508.4) and environmental policies and procedures of the Department of the Interior, the term ``categorical exclusions'' means a category of actions that do not individually or cumulatively have a significant effect on the human environment and that have been found to have no such effect in procedures adopted by a Federal agency. Neither an environmental assessment nor an environmental impact statement is required for categorically excluded actions.

Paperwork Reduction Act

The proposed rule does not contain information collection requirements that the Office of Management and Budget must approve under 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

BLM has determined that the proposed rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995

This proposed rule does not include any Federal mandate that may result in expenditures of $100 million or more in any one year by State, local, or tribal governments, in the aggregate, or by the private sector. Therefore, a Section 202 statement under the Unfunded Mandates Reform Act is not required.

Executive Order 12612

BLM has analyzed this rule under the principles and criteria in Executive Order 12612, Federalism, and has determined that the rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Executive Order 12630

BLM certifies that the rule does not represent a governmental action capable of interference with constitutionally protected property rights. Thus, a Takings Implication Assessment need not be prepared under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

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.

Executive Order 12866

The proposed rule does not meet the criteria for a significant regulatory action requiring review by the Office of Management and Budget under Executive Order 12866, Regulatory Planning and Review.

Author

The principal author of this rule is Jeff Holdren, Realty Use Group, (202) 452-7779, assisted by Frances Watson, Regulatory Management Team, (202) 452-5006.

List of Subjects in 43 CFR Part 5510

Forests and forest products, Public lands.

For the reasons stated in the preamble, 43 CFR part 5510 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]

Sec. 5511.1-4 [Removed]

2. Sections 5511.1-2 and 5511.1-4 are removed.

Dated: September 4, 1996. Sylvia V. Baca, Acting Assistant Secretary, Land and Minerals Management. [FR Doc. 96-23333 Filed 9-12-96; 8:45 am] BILLING CODE 4310-84-M