Land resource management: Disposition; sales— Special areas; State irrigation districts; CFR part removed,

[Federal Register: September 30, 1998 (Volume 63, Number 189)]

[Rules and Regulations]

[Page 52185-52186]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30se98-18]

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2780

[WO-340-1220-00-24 1A]

RIN 1004-AC53

Special Areas: State Irrigation Districts

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Land Management (BLM) is removing 43 CFR part 2780, regulations concerning the establishment and operation of state irrigation districts, from the Code of Federal Regulations. BLM believes these regulations are obsolete because there is only one record in BLM of their use in the last 40 years. As a result, removing these items will have no impact on BLM customers or the public at large.

DATES: Effective October 1, 1998.

ADDRESS: You may send inquiries or suggestions to: Director (630), Bureau of Land Management, 1849 C Street, N.W., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Jeff Holdren, Bureau of Land Management, Lands and Realty Group, 1849 C Street, N.W., Washington, DC 20240; Telephone: 202-452-7779.

SUPPLEMENTARY INFORMATION:

1. Background and Discussion of Final Rule as Adopted II. Responses to Comments III. Procedural Matters

1. Background and Discussion of Final Rule as Adopted

   This final rule removes 43 CFR part 2780, Special Areas: State Irrigation Districts, from the Code of Federal Regulations. The regulations in part 2780 implement the Act of August 11, 1916, entitled ``An Act to Promote the Reclamation of Arid Lands,'' 43 U.S.C. 621 et seq. Part 2780 was originally issued as Circular Number 592 on March 6, 1918, and has existed in similar form since modified in 1922 to accommodate amendments to the Act. These regulations describe the procedures a state irrigation district uses to apply for secretarial approval of an irrigation plan. If an application is approved, all unentered public lands within the state irrigation district, and entered lands for which no certificate has been issued, are subject to the same provisions of State law relating to the reclamation of arid lands for agricultural purposes as those which apply to private lands within the district. Such lands are subject to a lien for all taxes and assessments lawfully levied by the district on unpatented land. The district also has the right to sell land that was entered at the time of a tax levy for nonpayment of tax.

   We have only one record at BLM of any activity in this program during the last 40 years, occurring in 1971. We accessed our online case recordation system and found no other record of any recent case activity. We also searched a legal data base and found that the last time the statute or implementing regulation was cited in a reported civil case was in 1948. The program's inactivity and absence of civil case citations indicate that this regulation may be obsolete. Furthermore, we believe that the regulations are impractical to administer due to the scarcity of water in public land states for agricultural purposes. For these reasons, we believe that continued publication of 43 CFR part 2780 is unnecessary and contrary to the public interest.

   The final rule published today is a stage of a rulemaking process that culminates in the removal of 43 CFR part 2780. This rule was preceded by a proposed rule which introduced this action and BLM's purpose and need. The proposed rule was published in the Federal Register on September 13, 1996 (61 FR 48454). This proposed rule was intended to give anyone who would be adversely affected by this action an opportunity to call their concerns to our attention. The BLM invited public comments for 30 days, and received only one comment.

2. Responses to Comments

   BLM received one comment from a citizen in Arizona, asking that BLM extend the comment period for 90 days and send the rule and any related information to a wide variety of people, organizations and government entities, so as to solicit the highest level of input. BLM declines to act on this suggestion. The commenter raises a valid point, which is that BLM should try to solicit the most thorough level of public comment for each rulemaking effort. However, in situations such as this where regulations are being removed because they are obsolete, BLM feels, based on our experience, that additional outreach will not generate any

   [[Page 52186]]

   additional comments. Public interest in rulemaking actions which threaten little or no substantive impact tends to be extremely low, and BLM feels the benefits of largely ineffective outreach actions are outweighed by the public's interest in timely and efficient execution of the Regulatory Reform Initiative of 1993, which requires each agency to eliminate obsolete regulations, among other things.

3. Procedural Matters

   National Environmental Policy Act

   BLM has prepared an environmental assessment (EA) and has found that the final 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. BLM invites the public to review these documents by contacting us at the addresses listed above (see ADDRESSES).

   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 (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. Based on the discussion contained in this preamble above, this action will not have a significant impact on small entities. Because it is limited to removing provisions pertaining to a program that BLM believes is obsolete, we anticipate that this final rule will not substantially burden any member of the public at large. Therefore, BLM has determined under the RFA that this final rule would not have a significant economic impact on a substantial number of small entities.

   Unfunded Mandates Reform Act

   Removal of 43 CFR part 2780 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 final 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 interfering 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.

   Author. The principal author of this final rule is Christopher Fontecchio, Regulatory Affairs Group, Bureau of Land Management, 1849 C Street, NW, Washington, DC 20240; Telephone 202/273-3448.

   List of Subjects for 43 CFR Part 2780

   Irrigation, Public Lands--Sale, Reclamation.

   For the reasons stated in the preamble, and under the authority of 43 U.S.C. 1740, part 2780, Group 2700, Subchapter B, Chapter II of Title 43 of the Code of Federal Regulations is amended as set forth below:

   PART 2780--[REMOVED]

   1. Part 2780 is removed in its entirety.

   Dated: September 22, 1998. Sylvia V. Baca, Assistant Secretary, Land and Minerals Management.

   [FR Doc. 98-26139Filed9-29-98; 8:45 am]

   BILLING CODE 4310-84-P