← Back to overview

Browse regulations

Search, filter, and sort all reviewed regulations.

delete PART 302—CIVIL DEFENSE-STATE AND LOCAL EMERGENCY MANAGEMENT ASSISTANCE PROGRAM (EMA) 44-CFR-302 · 1983
Summary

Federal financial assistance program for civil defense personnel and administrative expenses, providing up to 50% matching funds to states and localities for emergency management capabilities under the Federal Civil Defense Act of 1950, with extensive administrative requirements and merit system compliance conditions.

Reason

This is a federalized emergency management program that should be handled at state and local levels. The extensive federal oversight, matching fund requirements, and administrative burden create unnecessary bureaucracy while undermining constitutional federalism. States can manage their own emergency preparedness without federal micromanagement of personnel systems and merit requirements.

delete PART 71—IMPLEMENTATION OF COASTAL BARRIER LEGISLATION 44-CFR-71 · 1983
Summary

This regulation implements the Coastal Barrier Resources Act by restricting flood insurance coverage in designated coastal barrier areas to discourage development in environmentally sensitive coastal regions. It defines various categories of structures and establishes documentation requirements to determine eligibility for flood insurance in these protected areas.

Reason

This regulation represents federal overreach into local land use decisions and coastal development. By restricting flood insurance in specific coastal areas, it distorts free market risk assessment, creates arbitrary property value impacts based on federal designation rather than actual risk, and undermines private property rights. The compliance costs and documentation burdens fall disproportionately on small property owners while achieving questionable environmental benefits that could be addressed through state and local initiatives.

delete PART 4—INTERGOVERNMENTAL REVIEW OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PROGRAMS AND ACTIVITIES 44-CFR-4 · 1983
Summary

Regulation implements Executive Order 12372, establishing procedures for FEMA to coordinate with state and local governments through designated 'single point of contact' processes before approving federal financial assistance or direct development. Requires 60-day comment periods, mandates consideration of state recommendations, and allows states to simplify/consolidate/substitute federal planning requirements.

Reason

Adds bureaucratic overhead and potential delays to emergency management operations. The rigid 60-day comment requirement could impede timely disaster response. While intergovernmental coordination is valuable, it should occur through direct negotiation or constitutional federalism, not through regulatory procedures that increase complexity and compliance costs for both FEMA and states without clear benefits that outweigh the burdens.

delete PART 8360—VISITOR SERVICES 43-CFR-8360 · 1983
Summary

These BLM regulations govern conduct on public lands, covering camping, trash disposal, vehicle use, noise, controlled substances, resource protection, and developed recreation site rules. They include temporary closure authority, criminal penalties (up to $1,000 fine and 12 months imprisonment), and explicitly state that state/local laws also apply.

Reason

This regulation duplicates state/local authority, imposes federal criminal penalties for minor infractions, and represents unconstitutional federal overreach into traditionally state-managed matters like noise, camping, pets, and sanitation. The same objectives can be achieved through state/local laws and BLM's inherent property management without creating a separate federal regime that burdens recreational users and small businesses with complex compliance requirements.

delete PART 3620—FREE USE OF PETRIFIED WOOD 43-CFR-3620 · 1983
Summary

Regulation allows non-commercial collection of petrified wood from federal public lands (BLM, Reclamation, and other DOI lands) with a daily limit of 25 pounds + one piece and annual limit of 250 pounds per person. No explosives or heavy equipment allowed. Must be for personal use only. Agencies can designate/modify free-use areas via Federal Register.

Reason

While seemingly minor and permissive, this federal regulation improperly preempts state and local authority over natural resource management on federal lands within their borders (Tenth Amendment). The restrictions—quota limits, equipment bans, personal use requirements, and Federal Register notice procedures—create a hidden compliance burden for both citizens and agencies. The 'authorized officer' discretion and multi-agency jurisdiction designations add bureaucratic complexity. Resource protection rules could be implemented locally without federal rulemaking, and the commercial/noncommercial distinction invites enforcement overreach. The regulation exemplifies federal overreach into activities that states can manage more efficiently with local knowledge of geological resources and competing land uses.

delete PART 3180—ONSHORE OIL AND GAS UNIT AGREEMENTS: UNPROVEN AREAS 43-CFR-3180 · 1983
Summary

Federal regulation governing unit agreements for oil and gas development on Federal lands, establishing procedures for collective development, operator designation, and resource conservation through coordinated operations across multiple leaseholders

Reason

This regulation represents federal overreach into what should be private contractual arrangements between oil and gas operators. The complex approval processes, mandatory reporting requirements, and centralized control distort market incentives and create artificial barriers to entry that protect incumbent operators while raising costs for consumers. The stated conservation goals are better achieved through property rights and market mechanisms rather than federal micromanagement of energy development.

delete PART 1600—PLANNING, PROGRAMMING, BUDGETING 43-CFR-1600 · 1983
Summary

This BLM regulation establishes the process for developing, approving, and revising resource management plans for public lands, implementing the multiple-use doctrine through a lengthy bureaucratic process involving public comment, intergovernmental coordination, and environmental review under NEPA. It dictates how federal bureaucrats in Washington and regional offices will plan land use across 245 million acres, determining which activities (grazing, mining, logging, recreation) are permitted where and under what conditions.

Reason

This regulation epitomizes the fatal conceit of central planning that Mises and Hayek denounced. It imposes massive compliance costs and multi-year delays on productive use of public resources, benefiting organized special interests who can navigate the process while excluding ordinary Americans. The 'multiple use' mandate is an impossible egalitarian fantasy that forces bureaucratic tradeoffs instead of market-determined allocation based on property rights. States could manage these lands more efficiently with superior local knowledge, or private ownership would create optimal outcomes through price signals. The process itself represents a $2 trillion regulatory burden in microcosm—a labyrinth that no planner can comprehend, violating the rule of law and constitutional federalism by federalizing decisions properly belonging to states and localities under the Tenth Amendment.

delete PART 24—DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE POLICY: STATE-FEDERAL RELATIONSHIPS 43-CFR-24 · 1983
Summary

This regulation establishes a comprehensive federal policy for intergovernmental cooperation in fish and wildlife management, reaffirming state authority while defining federal responsibilities across multiple land management agencies and addressing constitutional frameworks, international agreements, and cooperative programs.

Reason

This regulation creates unnecessary federal oversight of fish and wildlife management that should be left to states under the Tenth Amendment. It establishes overlapping jurisdictions, bureaucratic coordination requirements, and federal authority where none is constitutionally warranted, creating compliance costs and regulatory complexity that burdens states and private landowners while achieving no clear public benefit that states couldn't provide independently.

delete PART 9—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF THE INTERIOR PROGRAMS AND ACTIVITIES 43-CFR-9 · 1983
Summary

Implements Executive Order 12372 for the Department of the Interior, establishing a voluntary state review process for federal financial assistance and direct federal development. States may adopt processes to provide recommendations, and the Department must consider these recommendations or provide written explanations if rejecting them. Intended to foster federalism through intergovernmental coordination.

Reason

Creates unnecessary bureaucratic overhead that slows federal programs while providing minimal benefit—states can already provide input through congressional delegations, direct communication, or political pressure without this formalized process. The administrative costs of maintaining state processes, single points of contact, and mandatory waiting periods impose hidden compliance burdens that delay projects and benefit neither citizens nor efficiency. True federalism is achieved through constitutional division of powers, not through additional regulatory layers that empower bureaucratic stakeholders over actual governance.

delete PART 434—CONTRACTS 42-CFR-434 · 1983
Summary

Federal regulation setting extensive contract requirements for state Medicaid arrangements with third-party administrators, fiscal agents, and providers, including procurement standards, performance specifications, reporting obligations, and federal oversight mechanisms.

Reason

Adds significant compliance costs and administrative burden to states and potential contractors, creating barriers to entry that protect incumbents. Represents federal overreach into state contracting authority without evidence that these prescriptive requirements achieve better outcomes than state flexibility. The regulation inflates the hidden tax of compliance while violating constitutional federalism principles.

keep PART 418—HOSPICE CARE 42-CFR-418 · 1983
Summary

This regulation implements Medicare hospice care provisions under Section 1861(dd) of the Social Security Act, establishing eligibility requirements, benefit periods, conditions of participation for hospice programs, and coverage/payment policies for terminally ill patients with a life expectancy of 6 months or less.

Reason

Medicare hospice care provides essential end-of-life services that would be unavailable to millions of Americans without federal support. The regulation ensures quality standards, protects vulnerable patients, and prevents cost barriers from denying palliative care to those who cannot afford it privately. Without this framework, many terminally ill individuals would face unnecessary suffering and families would bear catastrophic financial burdens during an already difficult time.

delete PART 409—HOSPITAL INSURANCE BENEFITS 42-CFR-409 · 1983
Summary

Medicare Part A regulations establish the hospital insurance benefit covering inpatient hospital, critical access hospital, skilled nursing facility, home health, and hospice care. The regulation defines covered services, eligibility requirements (including a 3-day hospital stay for SNF coverage), payment conditions, provider qualifications, and beneficiary cost-sharing (deductibles, coinsurance). It's a mandatory federal entitlement program funded by payroll taxes, providing near-universal coverage to Americans 65+ and certain disabled individuals through a fee-for-service system with centrally determined reimbursement rates.

Reason

This $600+ billion annual entitlement violates property rights through forced wealth redistribution, distorts healthcare markets via price controls and third-party payments that decouple patients from cost-awareness, creates moral hazard driving overutilization, imposes crushing administrative burdens on providers, and contributes to unsustainable federal deficits—all while crowding out private, decentralized solutions that would better serve seniors through voluntary exchange and price signals.

delete PART 406—HOSPITAL INSURANCE ELIGIBILITY AND ENTITLEMENT 42-CFR-406 · 1983
Summary

Establishes conditions for Medicare Part A hospital insurance benefits including age-based eligibility, disability-based coverage, end-stage renal disease coverage, and premium options for those who don't qualify automatically

Reason

Creates massive federal entitlement program that violates principles of limited government, forces intergenerational wealth transfers through mandatory payroll taxes, and distorts healthcare markets through price controls and third-party payment systems

delete PART 66—NATIONAL RESEARCH SERVICE AWARDS 42-CFR-66 · 1983
Summary

Federal regulations governing National Research Service Awards (NRSA) for biomedical research training, including eligibility criteria, application processes, stipend payments, service obligations, and institutional grants for research programs.

Reason

Federal funding of biomedical research training exceeds constitutional limits and creates dependency on government grants, distorting research priorities and market incentives while imposing complex compliance burdens on institutions.

delete PART 51b—PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES 42-CFR-51b · 1983
Summary

Federal regulations governing preventive health service grants for immunizations and venereal disease control, including application requirements, funding priorities, and program operations for state and local agencies.

Reason

These regulations create costly federal bureaucracies that distort state/local health priorities, impose compliance burdens on small providers, and interfere with constitutional federalism by federalizing public health functions that belong to states under the Tenth Amendment.