Grazing Administration-Exclusive of Alaska, 35299-35300 [05-11858]

Download as PDF 35299 Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices which is currently 21 years. No person under the age of 21 years shall purchase, possess or consume any alcoholic beverage. Article 11: Licensing. Tribal Council shall have the power to establish procedures and standards for tribal licensing of liquor sales within Lands under the Jurisdiction of the Table Bluff Reservation—Wiyot Tribe, including the setting of a license fee schedule, and shall have the power to publish and enforce such standards; provided that no tribal license shall issue except upon showing of satisfactory proof that the applicant is duly licensed by the State of California. The fact that an applicant for a tribal license possesses a license issued by the State of California shall not provide the applicant with an entitlement to a tribal license; Tribal Council may in its discretion set standards which are more, but in no case less, stringent than those of the State. Article 12: Enforcement. (a) Tribal Council shall have the power to develop, enact, promulgate and enforce regulations as necessary for the enforcement of this ordinance and to protect the public health, welfare and safety of the Tribe and Lands under the Jurisdiction of the Table Bluff Reservation—Wiyot Tribe, provided that all such regulations shall conform to and not be in conflict with any tribal, federal or state law. Regulations enacted pursuant hereto may include provisions for suspension or revocation of tribal liquor licenses, reasonable search and seizure provisions and civil and criminal penalties for violations of this ordinance to the full extent permitted by federal law and consistent with due process. (b) Tribal law enforcement personnel and security personnel duly authorized by Tribal Council shall have the authority to enforce this ordinance by confiscating any liquor sold, possessed, distributed, manufactured or introduced within Lands under the Jurisdiction of the Table Bluff Reservation—Wiyot Tribe in violation of this ordinance or of any regulations duly adopted pursuant to this ordinance. (c) Tribal Council shall have the exclusive jurisdiction to hold hearings on violations of this ordinance and any procedures or regulations adopted pursuant to this ordinance; to promulgate appropriate procedures governing such hearings; to determine and enforce penalties or damages for violations of this ordinance; and to delegate to a subordinate hearing officer or panel the authority to take any or all of the foregoing actions on its behalf. Article 13: Prior Inconsistent Enactments. Any prior tribal laws, resolutions or ordinances which are inconsistent with this ordinance are hereby repealed to the extent they are inconsistent with this ordinance. Article 14: Sovereign Immunity. Nothing contained in this ordinance is intended to, nor does in any way, limit, alter, restrict, or waive the sovereign immunity of the Tribe or any of its agencies, agents or officials from unconsented suit or action of any kind. Article 15: Taxation. Nothing contained in this ordinance is intended to, nor does in any way limit or restrict the Tribe’s ability to impose any tax upon the sale or consumption of alcohol. The Tribe retains the right to impose such taxes by appropriate ordinance to the full extent permitted by federal law. Article 16: Severability. If any provision of this ordinance is found by any agency or court of competent jurisdiction to be unenforceable, the remaining provisions shall be unaffected thereby. Article 17: Amendment. This ordinance may be amended by majority vote of the Tribal Council, such amendment to become effective upon publication in the Federal Register by the Secretary of the Interior. Certification This is to certify that the above ordinance was enacted by the General Council of the Table Bluff Reservation— Wiyot Tribe at a duly called meeting on July 24, 2004 by a vote of 12 for, 2 against, and 1 abstention. Dated: July 26, 2004. Cheryl A. Seidner, Tribal Chairperson. Dated: July 26, 2004. Irine J. Carlson, Tribal Secretary. [FR Doc. 05–11983 Filed 6–16–05; 8:45 am] BILLING CODE 4310–4–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO–220–1020–24 1A] RIN 1004–AD42 Grazing Administration—Exclusive of Alaska Bureau of Land Management, Interior. ACTION: Notice of availability of the Final Environmental Impact Statement for regulatory amendments of grazing regulations for the public lands. AGENCY: SUMMARY: The Bureau of Land Management (BLM) announces the availability of the Final Environmental Impact Statement (FEIS) to support amendments of the regulations governing grazing administration. The analysis provided in the FEIS is intended to inform the public of the direct, indirect, and cumulative effects on the human environment of the proposed action and each alternative. DATES: The Final Environmental Impact Statement is available for review through July 18, 2005. ADDRESSES: Copies of the FEIS are available at BLM State Offices in 10 western states and the BLM Washington DC office. See the SUPPLEMENTARY INFORMATION for a table of BLM State Offices. Bud Cribley at 202–785–6569 for information relating to the FEIS or Ted Hudson at 202–452–3042 for information relating to the rulemaking process. Persons who use a telecommunications device for the deaf (TDD) may contact these individuals through the Federal Information Relay Service (FIRS) at 1– 800–877–8330, 24 hours a day, seven days a week. SUPPLEMENTARY INFORMATION: Copies of the FEIS are available at the following BLM State Offices: FOR FURTHER INFORMATION CONTACT: BLM state offices Address Arizona ..................................................................................... California .................................................................................. Colorado .................................................................................. Idaho ........................................................................................ Montana ................................................................................... Nevada ..................................................................................... New Mexico ............................................................................. 222 North Central Ave., Phoenix, AZ 85004–2203 ................ 2800 Cottage Way, Room W–1834, Sacramento, CA 95825 2850 Youngfield St., Lakewood, CO 80215–7093 ................. 1387 S. Vinnell Way, Boise, ID 83709–1657 ......................... 5001 Southgate Drive, Billings, MT 59101 ............................. 1340 Financial Way, Reno, NV 89502 ................................... 1474 Rodeo Rd., P.O. Box 27115, Santa Fe, NM 87507– 0115. P.O. Box 2965, Portland, OR 97208–2965 ............................ Oregon ..................................................................................... VerDate jul<14>2003 17:59 Jun 16, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM Phone numbers 17JNN1 (602) (916) (303) (208) (406) (775) (505) 417–9500 978–4600 239–3700 373–4001 896–5012 861–6590 438–7501 (503) 808–6024 35300 Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices BLM state offices Address Utah ......................................................................................... 324 South State Street, P.O. Box 45155 Salt Lake City, UT 84145–0155. 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, WY 82003. 1849 C Street NW., Washington DC 20040 ........................... Wyoming .................................................................................. Washington DC ........................................................................ If you have Internet access, you can download the FEIS by going to http:// www.blm.gov/grazing and follow the directions found at that site. During the nine years since implementation of the 1995 grazing reforms, a number of discrete concerns have been raised regarding the administration of grazing management. The purpose of the rulemaking is to address a variety of these discrete issues related to the current regulatory scheme without altering the fundamental structure of the grazing regulations. In other words, we are adjusting rather than conducting a major overhaul of the grazing regulations. Fundamental changes such as modifications to the grazing fee provisions; the addition of new regulatory topics; or the removal of substantial portions of the regulations do not meet this limited purpose. The key amendments of the regulations governing grazing administration are intended to: make clear that BLM managers will document their consideration of the relevant social, cultural, and economic consequences of decisions affecting grazing, consistent with the requirements of the National Environmental Policy Act of 1969; allow the BLM and a grazing permittee to share title of certain permanent range improvements—such as a fence, well, or pipeline—if they are constructed under what is known as a Cooperative Range Improvement Agreement; phase in livestock grazing decreases (and increases) of more than 10 percent over a five-year period unless a livestock operator agrees to a shorter period, or unless a quicker phase-in is necessary under existing law to protect the land’s resources; expand the definition of ‘‘grazing preference’’ to include an amount of forage on public lands attached to a rancher’s private ‘‘base’’ property, which can be land or water; require both standards assessments and monitoring of resource conditions to support BLM evaluations of whether an allotment is meeting rangeland health standards; allow up to 24 months, instead of prior to the start of the next grazing season, for the BLM to analyze and formulate an appropriate course of action that will correct a grazing allotment’s failure to meet rangeland health standards; remove the current VerDate jul<14>2003 17:59 Jun 16, 2005 Jkt 205001 three-consecutive-year limit on temporary non-use of a grazing permit by allowing livestock operators to apply for non-use for up to one year at a time, whether for conservation or business purposes, with no limit on the number of consecutive years; eliminate, in compliance with Federal court rulings, existing regulatory provisions that allow the BLM to issue long-term ‘‘conservation use’’ permits; make clear how the BLM will authorize grazing if a BLM decision affecting a grazing permit is ‘‘stayed’’ (postponed) pending administrative appeal; clarify that if a livestock operator is convicted of violating a Federal, State, or other law, and if the violation occurs while he is engaged in grazing-related activities, the BLM may take action against his grazing permit or lease only if the violation occurred on the BLM-managed allotment where the operator is authorized to graze; improve efficiency in the BLM’s management of public lands grazing by focusing the role of the interested public on planning decisions and reports that influence daily management, rather than on daily management decisions themselves; provide greater flexibility to the Federal government to negotiate with cooperators and States when developing stock water and acquiring livestock water rights by removing the current requirement that the BLM seek ownership of these rights where allowed by state law; clarify that a biological assessment of the BLM, prepared in compliance with the Endangered Species Act, is not a decision of the Bureau and therefore is not subject to protests and appeals; and increase certain service fees to reflect more accurately the cost of grazing administration. On March 3, 2003, BLM published an Advance Notice of Proposed Rulemaking (ANPR) and Notice of Intent (NOI) to prepare an environmental impact statement (EIS) in the Federal Register (68 FR 9964–9966 and 10030–10032) on proposed revisions to BLM’s grazing regulations. These notices requested public comment and input to assist BLM with the scoping process for the proposed rule and the EIS. The comment period on the ANPR and the NOI ended on May 2, 2003. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Phone numbers (801) 539–4010 (307) 775–6001 (202) 452–7749 During the scoping process, BLM held four public meetings to solicit comments and suggestions for the proposed rule and development of the draft environmental impact statement. The meetings were held during March 2003 in Albuquerque, New Mexico; Reno, Nevada; Billings, Montana; and Washington DC BLM received approximately 8,300 comments on the ANPR and the NOI. The BLM published the proposed rule on December 8, 2003 (68 FR 68452), inviting public comments until February 6, 2004. On January 2, 2004, the BLM issued the Draft EIS for a 60 day public comment period. On January 16, 2004, BLM published a notice to extend the comment period on the proposed rule to March 2, 2004 (69 FR 2559). BLM held six public meetings in January and early February, 2004, to provide the public an opportunity to comment on the proposed rule. Meetings were held in Salt Lake City, Utah; Phoenix, Arizona; Boise, Idaho; Billings, Montana; Cheyenne, Wyoming; and Washington DC. Approximately 250 individuals attended the public meetings and 95 people provided oral comments. We received more than 18,000 comment letters and electronic communications. The BLM reviewed and analyzed all public comments and prepared the Final EIS. It is a full text Final EIS and incorporates responses to the public comments. Chad Calvert, Acting Assistant Secretary of the Interior. [FR Doc. 05–11858 Filed 6–16–05; 8:45 am] BILLING CODE 4310–84–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ–956–05–1420–BJ] Notice of Filing of Plats of Survey; Arizona Bureau of Land Management, Interior. ACTION: Notice. AGENCY: SUMMARY: The plats of survey described below are scheduled to be officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35299-35300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11858]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-220-1020-24 1A]
RIN 1004-AD42


Grazing Administration--Exclusive of Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability of the Final Environmental Impact 
Statement for regulatory amendments of grazing regulations for the 
public lands.

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

SUMMARY: The Bureau of Land Management (BLM) announces the availability 
of the Final Environmental Impact Statement (FEIS) to support 
amendments of the regulations governing grazing administration. The 
analysis provided in the FEIS is intended to inform the public of the 
direct, indirect, and cumulative effects on the human environment of 
the proposed action and each alternative.

DATES: The Final Environmental Impact Statement is available for review 
through July 18, 2005.

ADDRESSES: Copies of the FEIS are available at BLM State Offices in 10 
western states and the BLM Washington DC office. See the SUPPLEMENTARY 
INFORMATION for a table of BLM State Offices.

FOR FURTHER INFORMATION CONTACT: Bud Cribley at 202-785-6569 for 
information relating to the FEIS or Ted Hudson at 202-452-3042 for 
information relating to the rulemaking process. Persons who use a 
telecommunications device for the deaf (TDD) may contact these 
individuals through the Federal Information Relay Service (FIRS) at 1-
800-877-8330, 24 hours a day, seven days a week.

SUPPLEMENTARY INFORMATION: Copies of the FEIS are available at the 
following BLM State Offices:

------------------------------------------------------------------------
       BLM state offices               Address           Phone numbers
------------------------------------------------------------------------
Arizona.......................  222 North Central         (602) 417-9500
                                 Ave., Phoenix, AZ
                                 85004-2203.
California....................  2800 Cottage Way,         (916) 978-4600
                                 Room W-1834,
                                 Sacramento, CA 95825.
Colorado......................  2850 Youngfield St.,      (303) 239-3700
                                 Lakewood, CO 80215-
                                 7093.
Idaho.........................  1387 S. Vinnell Way,      (208) 373-4001
                                 Boise, ID 83709-1657.
Montana.......................  5001 Southgate Drive,     (406) 896-5012
                                 Billings, MT 59101.
Nevada........................  1340 Financial Way,       (775) 861-6590
                                 Reno, NV 89502.
New Mexico....................  1474 Rodeo Rd., P.O.      (505) 438-7501
                                 Box 27115, Santa Fe,
                                 NM 87507-0115.
Oregon........................  P.O. Box 2965,            (503) 808-6024
                                 Portland, OR 97208-
                                 2965.

[[Page 35300]]

 
Utah..........................  324 South State           (801) 539-4010
                                 Street, P.O. Box
                                 45155 Salt Lake
                                 City, UT 84145-0155.
Wyoming.......................  5353 Yellowstone          (307) 775-6001
                                 Road, P.O. Box 1828,
                                 Cheyenne, WY 82003.
Washington DC.................  1849 C Street NW.,        (202) 452-7749
                                 Washington DC 20040.
------------------------------------------------------------------------

    If you have Internet access, you can download the FEIS by going to 
http://www.blm.gov/grazing and follow the directions found at that 
site.
    During the nine years since implementation of the 1995 grazing 
reforms, a number of discrete concerns have been raised regarding the 
administration of grazing management. The purpose of the rulemaking is 
to address a variety of these discrete issues related to the current 
regulatory scheme without altering the fundamental structure of the 
grazing regulations. In other words, we are adjusting rather than 
conducting a major overhaul of the grazing regulations. Fundamental 
changes such as modifications to the grazing fee provisions; the 
addition of new regulatory topics; or the removal of substantial 
portions of the regulations do not meet this limited purpose.
    The key amendments of the regulations governing grazing 
administration are intended to: make clear that BLM managers will 
document their consideration of the relevant social, cultural, and 
economic consequences of decisions affecting grazing, consistent with 
the requirements of the National Environmental Policy Act of 1969; 
allow the BLM and a grazing permittee to share title of certain 
permanent range improvements--such as a fence, well, or pipeline--if 
they are constructed under what is known as a Cooperative Range 
Improvement Agreement; phase in livestock grazing decreases (and 
increases) of more than 10 percent over a five-year period unless a 
livestock operator agrees to a shorter period, or unless a quicker 
phase-in is necessary under existing law to protect the land's 
resources; expand the definition of ``grazing preference'' to include 
an amount of forage on public lands attached to a rancher's private 
``base'' property, which can be land or water; require both standards 
assessments and monitoring of resource conditions to support BLM 
evaluations of whether an allotment is meeting rangeland health 
standards; allow up to 24 months, instead of prior to the start of the 
next grazing season, for the BLM to analyze and formulate an 
appropriate course of action that will correct a grazing allotment's 
failure to meet rangeland health standards; remove the current three-
consecutive-year limit on temporary non-use of a grazing permit by 
allowing livestock operators to apply for non-use for up to one year at 
a time, whether for conservation or business purposes, with no limit on 
the number of consecutive years; eliminate, in compliance with Federal 
court rulings, existing regulatory provisions that allow the BLM to 
issue long-term ``conservation use'' permits; make clear how the BLM 
will authorize grazing if a BLM decision affecting a grazing permit is 
``stayed'' (postponed) pending administrative appeal; clarify that if a 
livestock operator is convicted of violating a Federal, State, or other 
law, and if the violation occurs while he is engaged in grazing-related 
activities, the BLM may take action against his grazing permit or lease 
only if the violation occurred on the BLM-managed allotment where the 
operator is authorized to graze; improve efficiency in the BLM's 
management of public lands grazing by focusing the role of the 
interested public on planning decisions and reports that influence 
daily management, rather than on daily management decisions themselves; 
provide greater flexibility to the Federal government to negotiate with 
cooperators and States when developing stock water and acquiring 
livestock water rights by removing the current requirement that the BLM 
seek ownership of these rights where allowed by state law; clarify that 
a biological assessment of the BLM, prepared in compliance with the 
Endangered Species Act, is not a decision of the Bureau and therefore 
is not subject to protests and appeals; and increase certain service 
fees to reflect more accurately the cost of grazing administration.
    On March 3, 2003, BLM published an Advance Notice of Proposed 
Rulemaking (ANPR) and Notice of Intent (NOI) to prepare an 
environmental impact statement (EIS) in the Federal Register (68 FR 
9964-9966 and 10030-10032) on proposed revisions to BLM's grazing 
regulations. These notices requested public comment and input to assist 
BLM with the scoping process for the proposed rule and the EIS. The 
comment period on the ANPR and the NOI ended on May 2, 2003.
    During the scoping process, BLM held four public meetings to 
solicit comments and suggestions for the proposed rule and development 
of the draft environmental impact statement. The meetings were held 
during March 2003 in Albuquerque, New Mexico; Reno, Nevada; Billings, 
Montana; and Washington DC BLM received approximately 8,300 comments on 
the ANPR and the NOI.
    The BLM published the proposed rule on December 8, 2003 (68 FR 
68452), inviting public comments until February 6, 2004. On January 2, 
2004, the BLM issued the Draft EIS for a 60 day public comment period. 
On January 16, 2004, BLM published a notice to extend the comment 
period on the proposed rule to March 2, 2004 (69 FR 2559). BLM held six 
public meetings in January and early February, 2004, to provide the 
public an opportunity to comment on the proposed rule. Meetings were 
held in Salt Lake City, Utah; Phoenix, Arizona; Boise, Idaho; Billings, 
Montana; Cheyenne, Wyoming; and Washington DC. Approximately 250 
individuals attended the public meetings and 95 people provided oral 
comments. We received more than 18,000 comment letters and electronic 
communications. The BLM reviewed and analyzed all public comments and 
prepared the Final EIS. It is a full text Final EIS and incorporates 
responses to the public comments.

Chad Calvert,
Acting Assistant Secretary of the Interior.
[FR Doc. 05-11858 Filed 6-16-05; 8:45 am]
BILLING CODE 4310-84-P