[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Proposed Rules]
[Page 9964-9966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-29]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 4100
[WO-220-1020-24 1A]
RIN: 1004-AD42
Grazing Administration--Exclusive of Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Advance notice of proposed rulemaking for proposed amendments
to the BLM's Grazing Administration Regulations and announcement of
public meetings.
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SUMMARY: The Bureau of Land Management (BLM) requests comments and
suggestions to assist us in amending our regulations governing how the
BLM administers livestock grazing on public lands. The current
regulations, issued in 1995, require amendment to comply with court
decisions, provide greater flexibility to managers and permittees, and
improve existing administrative procedures and business practices, and
promote conservation of public lands. We encourage the public to
participate in planned public meetings and to provide comments and
suggestions to help us clearly define needed changes to the Grazing
Administration Program.
DATES: You must submit your comments by May 2, 2003. BLM may not
necessarily consider or include in the Administrative Record for the
proposed rule comments that BLM receives after the close of the comment
period or comments delivered to an address other than those listed
below (see ADDRESSES). See the SUPPLEMENTARY INFORMATION section for
the dates of the public meetings.
ADDRESSES: Mail: Director (630), Bureau of Land Management, Eastern
States Office, 7450 Boston Boulevard, Springfield, Virginia 22153,
Attention: RIN 1004-AD42.
Personal or messenger delivery: 1620 L Street NW., Room 401,
Washington, DC 20036.
Direct Internet response: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=www.blm.gov/nhp/news/regulatory/index.html
or go to BLM's external Home page at http://www.blm.gov/nhp/
index.htm and click on the link.
You may also comment via email to WOComment@blm.gov. We intend this
address for use by those who want to keep their electronic comments
confidential and for those who are unable, for whatever reason, to use
the Internet site. Please submit email comments as an ASCII file
avoiding the use of special characters and any form of encryption.
Please also include ``Attn: AD42'' and your name and return address in
your email message.
You may examine documents pertinent to this proposal at the L
Street address. Comments, including names and street addresses of
respondents, will be available for public review on the Internet
address above and may be published as part of the EIS. Individual
respondents may request confidentiality.
FOR FURTHER INFORMATION CONTACT: Kenneth Visser at (202) 452-7743, for
information relating to the grazing program or the substance of the
regulations to be proposed, or Ted Hudson at (202) 452-5042 or Cynthia
Ellis at (202) 452-5012 for information relating to the rulemaking
process. Persons who use a telecommunications device for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8330, 24 hours a day, seven days a week, to contact the above
individuals.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Description of Information Requested
I. Public Comment Procedures
Your written comments should:
1. Be specific;
2. Explain the reason for your comments and suggestions;
3. Be about the issues outlined in this notice; and,
4. Where possible, reference the specific section or paragraph of
existing regulations that you are addressing.
The comments and recommendations that are most useful and likely to
[[Page 9965]]
influence decisions on the content of a proposed rule are:
1. Comments and recommendations supported by quantitative
information or studies; and
2. Comments that include citations to and analyses of the
applicable laws and regulations.
We are particularly interested in receiving comments and
suggestions about the topics listed under III. Description of
Information Requested.
If you wish to withhold your name or street address from public
review or from disclosure under the Freedom of Information Act, you
must state this prominently at the beginning of your written comment.
We will honor such requests to the extent allowed by law. All
submissions from organizations and businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be available for public inspection in their
entirety.
We will conduct public scoping meetings on the Environmental Impact
Statement associated with this proposed rulemaking. The meetings will
be held on the following dates at the specified locations and times:
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Location Date and time Address of meeting Contact person
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Billings, Montana.................... March 18, 2003......... Holiday Inn Grand Mary Apple
6-10 p.m............... Montana, 550 Midland (406) 896-5258
Road, Billings, MT
59101.
Reno, Nevada......................... March 20, 2003......... Reno Sparks Convention JoLynn Worley
6-10 p.m............... Center, 4590 S. (775) 861-6515
Virginia St., Reno, NV
89502.
Albuquerque, New Mexico.............. March 25, 2003......... Hilton of Albuquerque, Kitty Mulkey
6-10 p.m............... 1901 University Blvd., (505) 438-7511
NE., Albuquerque, NM
87102.
Washington, DC....................... March 27, 2003......... Courtyard By Marriott Tom Gorey
1-5 p.m................ (General Scott Room), (202) 452-5137
1600 Rhode Island
Ave., NW., Washington,
DC 20036.
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The sites for the public meetings are accessible to individuals
with physical impairments. If you need a special accommodation to
participate in one or all of the meetings (e.g., interpreting service,
assistive listening device, or materials in alternative format), please
notify the contact person listed in this notice no later than two weeks
prior to the scheduled meeting. Although we will attempt to meet all
requests received, the requested accommodations may not always be
available.
If you plan to present a statement at the meetings, we will ask you
to sign in before the meeting starts and identify yourself clearly for
the record. Your speaking time at the meeting(s) will be determined
before the meeting(s), based upon the number of persons wishing to
speak and the approximate time available for the session. You will be
provided at least three minutes to speak
If you do not wish to speak at the meetings but you have views,
questions, and concerns about regulations for the BLM's Range
Management Program, you may submit written statements for inclusion in
the public record at the meeting. You may also submit written comments
and suggestions regardless of whether you attend or speak at a public
meeting. See the ADDRESSES section of this notice for where to submit
comments.
II. Background
In this issue of the Federal Register BLM is also publishing a
Notice of Intent (NOI) to prepare an Environmental Impact Statement
(EIS) under the National Environmental Policy Act (NEPA) on the changes
we are considering making to the regulations governing BLM's Grazing
Administration Program. BLM is committed to making the changes to
reflect the Secretary's ``4C's'' philosophy of ``consultation,
cooperation, and communication all in the service of conservation.''
BLM is issuing this Advance Notice of Proposed Rulemaking and the NOI
to give the public and interested parties early information about the
proposed action, the potential range of alternatives, and the nature of
impact analysis being considered in the EIS. We will hold meetings
during which the public will be able to comment on the scope, proposed
action, and possible alternatives BLM should consider when drafting the
proposed rule. BLM seeks comments on this Advance Notice of Proposed
Rulemaking.
Since the first set of grazing regulations was issued after passage
of the Taylor Grazing Act of 1934, as amended (43 U.S.C. 315, 315a-
315r), the regulations have been periodically modified, revised, and
updated. The last major revision effort culminated when BLM published
and implemented comprehensive changes to the grazing regulations in
1995.
The changes BLM is considering would encourage partnerships in
public land stewardship and establish new options for BLM and rangeland
users in the administration and management of public lands. Our goals
are to:
(1) Enhance community-based conservation and citizen-centered
stewardship;
(2) improve BLM business practices; and
(3) provide greater flexibility for the manager and the permittee.
III. Description of Information Requested
BLM is committed to carrying out the Secretary's objectives and the
Rangeland Management Program established by the Federal Land Policy
Management Act of 1976 (43 CFR 1740), the Public Rangelands Improvement
Act of 1978 (43 U.S.C. 1901-1908), and the Taylor Grazing Act of 1934,
as amended (43 U.S.C. 315, 315a-315r). We encourage the public to
participate in planned public meetings and to provide comments and
suggestions to help us clearly define needed changes in the Grazing
Administration Program. We specifically are requesting comments on the
topics we are considering for the proposed rule. These include, but are
not limited to, the following:
A. Definitions; We are considering revising or creating definitions
of the following terms:
Active use
Authorized use
Base property
Grazing lease
Grazing permit
Grazing Preference or Preference
Livestock kind or kind of livestock
Monitoring
Reserve common allotment
[[Page 9966]]
B. We are considering changing regulations to clarify current
requirements and to allow better rangeland management and permit
administration. Changes we are considering include:
[sbull] Clarifying the permit renewal performance review
requirements when grazing permits are pledged as security for loans.
[sbull] Clarifying who is qualified for public lands grazing use
and who will receive preference for a grazing permit or lease.
[sbull] Clarifying the provisions addressing grazing preference
transfers.
[sbull] Reinstating an earlier provision that BLM and the permit
holder may share title to certain range improvements if the improvement
was constructed under a Cooperative Range Improvement Agreement.
[sbull] Clarifying that BLM will follow state law with respect to
the acquisition of water rights.
[sbull] Examining whether BLM should authorize temporarily locked
gates on public lands in order to protect private land and improve
livestock operations.
[sbull] Clarifying which non-permit related violations BLM may take
into account in penalizing a permittee.
[sbull] Considering ways to streamline the grazing decision appeal
process.
[sbull] Extending the time period that BLM may approve nonuse of
forage from 3 to 5 years for resource improvement, business, or
personal needs.
C. We are also considering amendments related to changes in
permitted use. Amendments we are considering include:
[sbull] Creating provisions re-emphasizing consideration of social,
economic, and cultural impact, in addition to the ecological impacts,
of Federal actions to ensure compliance with the National Environmental
Policy Act.
[sbull] Requiring a permittee/lessee to apply to renew a permit or
lease.
[sbull] What criteria BLM will consider before approving increases
in permitted use.
[sbull] Considering whether to amend the provision stating when BLM
will implement action that changes grazing management after determining
that the allotments used by a permittee or lessee are not meeting or
significantly progressing toward meeting land health standards.
D. We are considering adding the following new provisions to the
regulations.
[sbull] Establishing and administering a new concept called
``Reserve Common Allotments'' (RCA). RCAs would be managed as reserve
forage areas for use by permittees whose allotments are undergoing
restoration treatments and require rest from grazing. RCA forage would
be allocated on a temporary non-renewable basis to permittees
participating in restoration on their allotments.
[sbull] Adding a fee schedule for preference transfers, crossing
permits, applications for nonuse, and replacement/supplemental billing
under existing service charge authority. We do not intend to address
grazing fees in this rulemaking.
E. We also plan to make minor revisions to correct typographical
errors and to make technical changes to improve the clarity of the
rule. One change we will make is to remove references to ``conservation
use'' permits to reflect the decision in Public Lands Council v.
Babbitt, 929 F.Supp. 1436 (D. Wyo. 1996), rev'd in part and aff'd in
part, 167 F.3d 1287 (10th Cir. 1999), aff'd, 529 U.S. 728 (2000).
Additional information about BLM's Rangeland, Soils, Water, and Air
Program is available at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://web.blm.gov/internal/wo-200/wo-220/index.html.
Dated: January 17, 2003.
Rebecca W. Watson,
Assistant Secretary of the Interior.
[FR Doc. 03-4933 Filed 2-28-03; 8:45 am]
BILLING CODE 4310-84-P
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