Notice of Proposed Supplementary Rule To Require the Use of Certified Noxious-Weed-Free Forage and Straw on Bureau of Land Management Lands in the State of Idaho, 57496-57499 [2010-23462]

Download as PDF 57496 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices Dated: September 10, 2010. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 2010–23412 Filed 9–20–10; 8:45 am] BILLING CODE P DEPARTMENT OF THE INTERIOR Bureau of Land Management DEPARTMENT OF AGRICULTURE Forest Service Notice of Public Meeting, Santa Rosa and San Jacinto Mountains National Monument Advisory Committee; California Bureau of Land Management, Interior; and Forest Service, USDA. ACTION: Notice of public meeting. Conference Room, 38686 El Cerrito Road, Palm Desert, California. FOR FURTHER INFORMATION CONTACT: Jim Foote, Monument Manager, Santa Rosa and San Jacinto Mountains National Monument, 1201 Bird Center Drive, Palm Springs, CA 92262, or telephone (760) 833–7136. SUPPLEMENTARY INFORMATION: The MAC advises the Secretary of the Interior and the Secretary of Agriculture, through the BLM and Forest Service, with respect to the preparation and implementation of a management plan for the National Monument. The meeting will focus on a variety of planning and management issues associated with the National Monument. All MAC meetings are open to the public. The public may present written comments to the MAC in advance of or at the meeting. Each formal MAC meeting will also have time allocated for receiving public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should contact the Monument Manager as provided above. all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Julie L. Weaver, Chief, Fluid Minerals Adjudication, at (307) 775–6176. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10 per acre or fraction thereof per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW174006 effective April 1, 2010, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. The BLM has not issued a valid lease to any other interest affecting the lands. Dated: August 24, 2010. John R. Kalish, Field Manager, Palm Springs-South Coast Field Office, California Desert District, Bureau of Land Management. Reservation, California; Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada; Reno-Sparks Indian Colony, Nevada; San Juan Southern Paiute Tribe of Arizona; Shoshone Tribe of the Wind River Reservation, Wyoming; ShoshoneBannock Tribes of the Fort Hall Reservation of Idaho; Shoshone-Paiute Tribes of the Duck Valley Reservation, Nevada; South Fork; Summit Lake Paiute Tribe of Nevada; Susanville Indian Rancheria, California; Te-Moak Tribe of Western Shoshone Indians of Nevada; Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation, California; Walker River Paiute Tribe of the Walker River Reservation, Nevada; Washoe Tribe of Nevada and California; Wells Band; Winnemucca Indian Colony of Nevada; Yerington Paiute Tribe of the Yerington Colony & Campbell Ranch, Nevada; and Yomba Shoshone Tribe of the Yomba Reservation, Nevada, that this notice has been published. BILLING CODE 4310–22–P Dated: August 24, 2010. Laurie Rosenthal, District Ranger, San Jacinto Ranger District, San Bernardino National Forest, Forest Service. [LLID–931–000–L1020–0000–JP–0000252R] [FR Doc. 2010–23490 Filed 9–20–10; 8:45 am] BILLING CODE 3410–11–P In accordance with the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) and U.S. Department of Agriculture, Forest Service (Forest Service) Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC) will meet as indicated below. DATES: September 20, 2010. The meeting will start at 3 p.m. and end at 6 p.m. with the public comment period beginning at 4 p.m. The meeting will be held at the County of Riverside Permit Assistance Center, Second Floor srobinson on DSKHWCL6B1PROD with NOTICES VerDate Mar<15>2010 19:02 Sep 20, 2010 Jkt 220001 [FR Doc. 2010–23465 Filed 9–20–10; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Supplementary Rule To Require the Use of Certified Noxious-Weed-Free Forage and Straw on Bureau of Land Management Lands in the State of Idaho Bureau of Land Management, Interior. ACTION: Proposed supplementary rules. AGENCY: AGENCIES: SUMMARY: Julie L. Weaver, Chief, Fluid Minerals Adjudication. DEPARTMENT OF THE INTERIOR Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease, Wyoming Bureau of Land Management, Interior. ACTION: Notice. AGENCY: Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from EOG Resources, Inc. for competitive oil and gas lease WYW174006 for land in Converse County, Wyoming. The petition was filed on time and was accompanied by SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 The Bureau of Land Management (BLM) in Idaho is proposing a supplementary rule that would require anyone bringing or anyone feeding or storing forage or straw on BLM-administered land when using BLM public lands in Idaho to use certified noxious-weed-free forage and straw. Restoration, rehabilitation, and stabilization projects also will be required to use weed-free straw bales and mulch for project work. This action is a cooperative effort between the BLM, the U.S. Forest Service (USFS), and the Idaho State Department of Agriculture (ISDA), and supports Idaho State noxious weed laws. DATES: Comments on the proposed supplementary rules must be received SUMMARY: [WY–923–1310–FI; WYW174006] E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES or postmarked by November 22, 2010 to be assured consideration. In developing final supplementary rules, the BLM is not obligated to consider comments postmarked or received in person or by electronic mail after this date. ADDRESSES: Please mail comments to Roger Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to Roger_Rosentreter@blm.gov. If you require a printed copy of the proposed supplementary rules, please call Roger Rosentreter, (208) 373–3824 or e-mail Roger_Rosentreter@blm.gov, to request that one be mailed to you. FOR FURTHER INFORMATION CONTACT: Roger Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 83709; telephone (208) 373– 3824; e-mail Roger_Rosentreter@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may contact this individual by calling the Federal Information Relay Service (FIRS) at (800) 877–8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures You may mail comments to Roger Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to Roger_Rosentreter@blm.gov. Written comments on the proposed supplementary rules should be specific, be confined to issues pertinent to the proposed supplementary rules, and explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal which the comment is addressing. The BLM is not obligated to consider or include in the Administrative Record for the supplementary rules comments that the BLM receives after the close of the comment period (See DATES), unless they are postmarked or electronically dated before the deadline. Neither is the BLM obligated to consider comments delivered to an address other than the address listed above (See ADDRESSES). Comments—including names, street addresses, and other contact information of respondents—will be available for public review at 1387 S. Vinnell Way, Boise, ID 83709, during regular business hours (7:30 a.m. to 3:45 p.m., Monday through Friday, except Federal holidays). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal VerDate Mar<15>2010 19:02 Sep 20, 2010 Jkt 220001 identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. II. Background Noxious and invasive weeds are a serious problem in the western United States. Noxious weeds are spreading on BLM lands at a rate of over 2,300 acres per day, and on all western public lands at approximately 4,600 acres per day. Species such as perennial pepperweed, purple loosestrife, yellow starthistle, hoary cress (whitetop), leafy spurge, diffuse knapweed, spotted knapweed, Russian knapweed, Scotch thistle, Canada thistle, rush skeletonweed, and many others are non-native to the United States and have no natural enemies to keep their populations in balance. Consequently, depending on the circumstances (e.g., weed(s) involved, soil type, range condition, and climatic influences), these undesirable weeds may rapidly invade healthy ecosystems, displace native vegetation, reduce species diversity, destroy wildlife habitat, reduce forage for wild and domestic ungulates, weaken rehabilitation and landscape restoration efforts, increase soil erosion and stream sedimentation, create fire hazards, and degrade special resource values. To curb the spread of noxious weeds, a growing number of Western states have jointly developed noxious-weedfree forage certification standards, and in cooperation with various Federal, State, and county agencies, have also passed weed management laws. Idaho participates in a regional inspectioncertification process with Oregon, Montana, Washington, Nevada, and Wyoming and encourages, on a voluntary basis, forage producers in Idaho to grow and request voluntary certification inspections of forage products and straw. Because forage products and straw containing noxious weed seed contribute to the spread and establishment of weed infestations, the USFS promulgated regulations in 1996, known as a ‘‘Weed Free Hay Order,’’ to address this issue. In response to that Order, the State of Idaho implemented a noxious-weed-free forage and straw certification program in 1997. Under Idaho Code the ISDA wrote regulations in 2007 (Title 22, Chapter 24 NoxiousWeed-Free Forage and Straw Rules and IDAPA 02.06.31). This program, which is a cooperative effort between the ISDA and the USFS, was established to limit the introduction and spread of noxious PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 57497 weeds through forage and straw onto National Forest System lands and other lands within Idaho. The Federal Plant Protection Act of June 2000 directs agencies to develop integrated management plans for noxious weeds. The proposed rules are intended to complement the existing regulatory framework. III. Discussion of the Proposed Supplementary Rules Currently, National Forest System lands are the only lands in Idaho which require the use of certified noxiousweed-free forage and straw, although some Idaho State agencies (the Idaho Department of Lands and the Idaho Department of Fish and Game) have weed-free hay policies in place for lands they manage. The proposed supplementary rules would provide a standard regulation for all users of BLMadministered lands in Idaho and provide for consistent management with National Forest System lands across jurisdictional boundaries. The proposed supplementary rules would be implemented by including a standard stipulation in all Special Recreation Permits and most other use authorizations. Livestock grazing permits would not need to include such a stipulation because 43 CFR 4140.1(a)(3) already requires the permittee to secure authorization before supplemental feeding, maintenance feeding, and emergency feeding on lands administered by the BLM. The stipulation would require holders of affected permits and use authorizations to use certified noxiousweed-free forage and straw, to the extent they use hay, cubes, and straw on BLMadministered public lands in Idaho. Affected permittees includes recreationists using pack and saddle stock, grazing permittees, outfitters, and contractors and operators who use straw or mulch for reclamation or re-seeding purposes. These individuals or groups would be required to use certified noxious-weed-free forage and straw while on BLM-administered public lands in Idaho, unless authorized in writing or when transporting forage across public lands from private property to private property. BLM Idaho would allow forage certified by other states to be used as forage on lands administered by Idaho BLM offices. In addition, in cooperation with the USFS hay closure and the Idaho State Department of Agriculture NoxiousWeed-Free Forage and Straw Certification (ISDA, NWFFS) program, the BLM is proposing a prohibition on the use of forage and straw that has not been certified as noxious-weed-free, for E:\FR\FM\21SEN1.SGM 21SEN1 57498 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices all BLM-administered public lands within Idaho. The BLM State Office in Idaho, in cooperation with the ISDA, will implement a public information plan with the intention of publicizing the supplementary rules and notifying visitors and land users where they can purchase state-certified noxious-weedfree forage and straw. This rule will be effective 45 days after the close of the public comment period. Similar to other agency closures, once this rule becomes effective, there will be a 60-day grace period for enforcement of this rule. This proposal is in conformance with all BLM land use plans within Idaho. The proposed supplementary rules are consistent with and supportive of the statewide Conservation Plan for the Greater SageGrouse in Idaho (Idaho Sage-grouse Advisory Committee, 2006), which recommends that the use of weed-free forage on public and state lands be required to discourage the spread of invasive annuals and noxious weeds. IV. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Order 12866. These rules will not have an effect of $100 million or more on the economy. They will not adversely affect, in a material way, the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments, or communities. These proposed supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The proposed supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the right or obligations of their recipients, nor do they raise novel legal or policy issues. They merely impose rules regarding the use of certified noxious-weed-free forage and straw on BLM-administered public lands in Idaho. srobinson on DSKHWCL6B1PROD with NOTICES Clarity of the Supplementary Rules Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these proposed supplementary rules easier to understand, including answers to questions such as the following: (1) Are the requirements in the proposed supplementary rules clearly stated? (2) Do the proposed supplementary rules VerDate Mar<15>2010 19:02 Sep 20, 2010 Jkt 220001 contain technical language or jargon that interferes with their clarity? (3) Does the format of the proposed supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? (4) Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the description of the proposed supplementary rules helpful to your understanding of the supplementary rules? How could this description be more helpful in making the supplementary rules easier to understand? Please send any comments you have on the clarity of the proposed supplementary rules to Roger Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 83709, or email comments to Roger_Rosentreter@blm.gov. National Environmental Policy Act The BLM has prepared an environmental assessment (EA) titled ‘‘Implementation of Requirements for Certified Noxious-Weed-Free Forage and Straw On Bureau of Land Management Lands in Idaho’’ and has found that the proposed supplementary rules 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 (NEPA), 42 U.S.C. 4332(2)(C). A detailed environmental impact statement under NEPA is not required. The BLM has placed the EA and the Finding of No Significant Impact on file in the BLM Administrative Record at the address specified in the ADDRESSES section. The BLM invites the public to review these documents. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601–612, (RFA) 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. The proposed supplementary rules do not pertain specifically to commercial or governmental entities of any size but contain rules to protect the natural resources and the environment on public lands. Therefore, the BLM has determined under the RFA that these proposed supplementary rules would not have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Small Business Regulatory Enforcement Fairness Act These proposed supplementary rules do not constitute a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). They would not result in an annual effect on the economy of $100 million or more, in an increase in costs or prices, or in significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. They would merely impose rules regarding the use of certified noxious-weed-free forage and straw on BLM-administered public lands in Idaho. Unfunded Mandates Reform Act These proposed supplementary rules do not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year, nor do these proposed supplementary rules have a significant or unique effect on State, local, or Tribal governments or the private sector. The proposed supplementary rules do not require anything of State, local, or Tribal governments. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) The proposed supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. The proposed supplementary rules do not address property rights in any form and do not cause the impairment of anyone’s property rights. Therefore, the Department of the Interior has determined that the proposed supplementary rules would not cause a taking of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132, Federalism The proposed supplementary rules 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. The proposed supplementary rules apply in only one State, Idaho, and do not address jurisdictional issues involving the Idaho State Government. Therefore, E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices in accordance with Executive Order 13132, the BLM has determined that these proposed supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the BLM Idaho State Office has determined that these proposed supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have found that these proposed supplementary rules do not include policies that have tribal implications. Since the proposed rules do not change BLM policy as it pertains to Tribes and do not involve Indian reservation lands, resources, or property rights, the BLM has determined that the government-to-government relationships should remain unaffected. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These proposed supplementary rules do not comprise a significant energy action. The rules will not have an adverse effect on energy supplies, production, or consumption. They only address the use of certified noxiousweed-free forage and straw on public lands and have no connection with energy policy. Paperwork Reduction Act These proposed supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. Author srobinson on DSKHWCL6B1PROD with NOTICES The principal author of these proposed supplementary rules is Roger Rosentreter, Botanist, Idaho BLM State Office. Supplementary Rules To Require the Use of Certified Noxious-Weed-Free Forage and Straw on Bureau of Land Management-Administered Public Lands in Idaho (1) To prevent the spread of noxious weeds on BLM-administered public lands in Idaho, it is a prohibited act to feed or store forage or straw on BLM- VerDate Mar<15>2010 19:02 Sep 20, 2010 Jkt 220001 administered land that has not been certified as noxious-weed-free. Restoration, rehabilitation, and stabilization projects also are required to use weed-free straw bales and mulch for project work. Once this rule becomes effective, there will be a 60-day grace period for enforcement of this rule. (2) The certification program currently includes 57 weeds that have been designated as noxious in Idaho under the Idaho State noxious-weed-free standards, or certified to be free from those weeds designated in the North American Weed Free Forage Program list, which was developed by the North American Weed Management Association (NAWMA). This NAWMA list currently includes the 57 weeds designated noxious in Idaho and also includes an additional 15 invasive weeds. BLM Idaho allows forage that meets Idaho, NAWMA, or other states’ standards for certification as noxiousweed-free. Although weeds may be added or removed from these various lists, the BLM recognizes this forage as certified noxious-weed-free as long as it has been marked indicating that it meets the standards for certification. (3) Certified noxious-weed-free hay must be identified by one of the following: (a) State certification tag attached to the bale string; (b) At least one strand of purple and yellow (intertwined) bale twine encircling the bale; (c) Blue and orange (intertwined) bale twine encircling the bale; or (d) Other colored twine encircling the bale that is used to designate certified forage. (4) Certified noxious-weed-free compressed forage bales are identified by yellow binding (strapping) material with the statement ‘‘ISDA NWFFS’’ and the manufacturer’s name printed in purple. (5) Certified noxious-weed-free forage in bags is identified by a stamp, sticker, or printing on the bag identifying it as certified forage. (6) The following persons/activities are exempt from this order: (a) Any person with a permit or letter signed by a BLM authorized officer specifically authorizing the prohibited act, such as an authorized livestock permittee during an emergency situation in which livestock must be fed uncertified forage or hay for a short period of time until they can be moved to safety; and (b) Any person transporting hay or forage across public lands from private property to private property. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 57499 (7) Any person who knowingly or willfully violates the provisions of these supplementary rules may be required to appear before a designated United States Magistrate and may be subject to a fine of not more than $1,000 or imprisonment of not more than 12 months, or both, as defined in 43 U.S.C. 1733(a). Such violations may also be subject to enhanced fines provided for by 18 U.S.C. 3571. Peter J. Ditton, Acting Idaho State Director, Bureau of Land Management. [FR Doc. 2010–23462 Filed 9–20–10; 8:45 am] BILLING CODE 4310–GG–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMTL06000.L12200000.DD0000.252X] Notice of Temporary Closure of Public Lands in Fergus County, MT Bureau of Land Management, Interior. ACTION: Notice of temporary area closure. AGENCY: Notice is hereby given that a temporary closure of public land to motorized vehicles, hiking, or other recreational uses is in effect on 660 acres of public lands administered by the Lewistown Field Office, Bureau of Land Management, within the Limekiln Canyon/Ruby Gulch area. This notice also applies to a BLM-held easement over 80 acres of private land. DATES: This temporary closure will be in effect for 2 years from the date this notice is published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Willy Frank, Field Manager, 920 NE Main St., Lewistown, Montana 59457; (406) 538–1918. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This temporary closure is in response to a severe wind event that heavily damaged most of the timber within this 660-acre block of BLM-managed lands in the Judith Mountains Recreation Management Area in Fergus County, Montana. The downed timber is blocking a portion of a popular loop hiking trail and, if left in place, will also SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57496-57499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23462]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLID-931-000-L1020-0000-JP-0000252R]


Notice of Proposed Supplementary Rule To Require the Use of 
Certified Noxious-Weed-Free Forage and Straw on Bureau of Land 
Management Lands in the State of Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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

SUMMARY: The Bureau of Land Management (BLM) in Idaho is proposing a 
supplementary rule that would require anyone bringing or anyone feeding 
or storing forage or straw on BLM-administered land when using BLM 
public lands in Idaho to use certified noxious-weed-free forage and 
straw. Restoration, rehabilitation, and stabilization projects also 
will be required to use weed-free straw bales and mulch for project 
work. This action is a cooperative effort between the BLM, the U.S. 
Forest Service (USFS), and the Idaho State Department of Agriculture 
(ISDA), and supports Idaho State noxious weed laws.

DATES: Comments on the proposed supplementary rules must be received

[[Page 57497]]

or postmarked by November 22, 2010 to be assured consideration. In 
developing final supplementary rules, the BLM is not obligated to 
consider comments postmarked or received in person or by electronic 
mail after this date.

ADDRESSES: Please mail comments to Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to 
Roger_Rosentreter@blm.gov. If you require a printed copy of the 
proposed supplementary rules, please call Roger Rosentreter, (208) 373-
3824 or e-mail Roger_Rosentreter@blm.gov, to request that one be 
mailed to you.

FOR FURTHER INFORMATION CONTACT: Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709; telephone (208) 373-
3824; e-mail Roger_Rosentreter@blm.gov. Persons who use a 
telecommunications device for the deaf (TDD) may contact this 
individual by calling the Federal Information Relay Service (FIRS) at 
(800) 877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    You may mail comments to Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to 
Roger_Rosentreter@blm.gov. Written comments on the proposed 
supplementary rules should be specific, be confined to issues pertinent 
to the proposed supplementary rules, and explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal which the comment is 
addressing. The BLM is not obligated to consider or include in the 
Administrative Record for the supplementary rules comments that the BLM 
receives after the close of the comment period (See DATES), unless they 
are postmarked or electronically dated before the deadline. Neither is 
the BLM obligated to consider comments delivered to an address other 
than the address listed above (See ADDRESSES).
    Comments--including names, street addresses, and other contact 
information of respondents--will be available for public review at 1387 
S. Vinnell Way, Boise, ID 83709, during regular business hours (7:30 
a.m. to 3:45 p.m., Monday through Friday, except Federal holidays). 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    Noxious and invasive weeds are a serious problem in the western 
United States. Noxious weeds are spreading on BLM lands at a rate of 
over 2,300 acres per day, and on all western public lands at 
approximately 4,600 acres per day. Species such as perennial 
pepperweed, purple loosestrife, yellow starthistle, hoary cress 
(whitetop), leafy spurge, diffuse knapweed, spotted knapweed, Russian 
knapweed, Scotch thistle, Canada thistle, rush skeletonweed, and many 
others are non-native to the United States and have no natural enemies 
to keep their populations in balance. Consequently, depending on the 
circumstances (e.g., weed(s) involved, soil type, range condition, and 
climatic influences), these undesirable weeds may rapidly invade 
healthy ecosystems, displace native vegetation, reduce species 
diversity, destroy wildlife habitat, reduce forage for wild and 
domestic ungulates, weaken rehabilitation and landscape restoration 
efforts, increase soil erosion and stream sedimentation, create fire 
hazards, and degrade special resource values.
    To curb the spread of noxious weeds, a growing number of Western 
states have jointly developed noxious-weed-free forage certification 
standards, and in cooperation with various Federal, State, and county 
agencies, have also passed weed management laws. Idaho participates in 
a regional inspection-certification process with Oregon, Montana, 
Washington, Nevada, and Wyoming and encourages, on a voluntary basis, 
forage producers in Idaho to grow and request voluntary certification 
inspections of forage products and straw.
    Because forage products and straw containing noxious weed seed 
contribute to the spread and establishment of weed infestations, the 
USFS promulgated regulations in 1996, known as a ``Weed Free Hay 
Order,'' to address this issue. In response to that Order, the State of 
Idaho implemented a noxious-weed-free forage and straw certification 
program in 1997. Under Idaho Code the ISDA wrote regulations in 2007 
(Title 22, Chapter 24 Noxious-Weed-Free Forage and Straw Rules and 
IDAPA 02.06.31). This program, which is a cooperative effort between 
the ISDA and the USFS, was established to limit the introduction and 
spread of noxious weeds through forage and straw onto National Forest 
System lands and other lands within Idaho. The Federal Plant Protection 
Act of June 2000 directs agencies to develop integrated management 
plans for noxious weeds. The proposed rules are intended to complement 
the existing regulatory framework.

III. Discussion of the Proposed Supplementary Rules

    Currently, National Forest System lands are the only lands in Idaho 
which require the use of certified noxious-weed-free forage and straw, 
although some Idaho State agencies (the Idaho Department of Lands and 
the Idaho Department of Fish and Game) have weed-free hay policies in 
place for lands they manage. The proposed supplementary rules would 
provide a standard regulation for all users of BLM-administered lands 
in Idaho and provide for consistent management with National Forest 
System lands across jurisdictional boundaries.
    The proposed supplementary rules would be implemented by including 
a standard stipulation in all Special Recreation Permits and most other 
use authorizations. Livestock grazing permits would not need to include 
such a stipulation because 43 CFR 4140.1(a)(3) already requires the 
permittee to secure authorization before supplemental feeding, 
maintenance feeding, and emergency feeding on lands administered by the 
BLM.
    The stipulation would require holders of affected permits and use 
authorizations to use certified noxious-weed-free forage and straw, to 
the extent they use hay, cubes, and straw on BLM-administered public 
lands in Idaho. Affected permittees includes recreationists using pack 
and saddle stock, grazing permittees, outfitters, and contractors and 
operators who use straw or mulch for reclamation or re-seeding 
purposes. These individuals or groups would be required to use 
certified noxious-weed-free forage and straw while on BLM-administered 
public lands in Idaho, unless authorized in writing or when 
transporting forage across public lands from private property to 
private property. BLM Idaho would allow forage certified by other 
states to be used as forage on lands administered by Idaho BLM offices.
    In addition, in cooperation with the USFS hay closure and the Idaho 
State Department of Agriculture Noxious-Weed-Free Forage and Straw 
Certification (ISDA, NWFFS) program, the BLM is proposing a prohibition 
on the use of forage and straw that has not been certified as noxious-
weed-free, for

[[Page 57498]]

all BLM-administered public lands within Idaho. The BLM State Office in 
Idaho, in cooperation with the ISDA, will implement a public 
information plan with the intention of publicizing the supplementary 
rules and notifying visitors and land users where they can purchase 
state-certified noxious-weed-free forage and straw.
    This rule will be effective 45 days after the close of the public 
comment period. Similar to other agency closures, once this rule 
becomes effective, there will be a 60-day grace period for enforcement 
of this rule. This proposal is in conformance with all BLM land use 
plans within Idaho. The proposed supplementary rules are consistent 
with and supportive of the statewide Conservation Plan for the Greater 
Sage-Grouse in Idaho (Idaho Sage-grouse Advisory Committee, 2006), 
which recommends that the use of weed-free forage on public and state 
lands be required to discourage the spread of invasive annuals and 
noxious weeds.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. These rules will not have an effect of 
$100 million or more on the economy. They will not adversely affect, in 
a material way, the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments, or communities. These proposed supplementary rules will 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The proposed supplementary 
rules do not alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the right or obligations of their recipients, 
nor do they raise novel legal or policy issues. They merely impose 
rules regarding the use of certified noxious-weed-free forage and straw 
on BLM-administered public lands in Idaho.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the description of the proposed 
supplementary rules helpful to your understanding of the supplementary 
rules? How could this description be more helpful in making the 
supplementary rules easier to understand? Please send any comments you 
have on the clarity of the proposed supplementary rules to Roger 
Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 
83709, or email comments to Roger_Rosentreter@blm.gov.

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) titled 
``Implementation of Requirements for Certified Noxious-Weed-Free Forage 
and Straw On Bureau of Land Management Lands in Idaho'' and has found 
that the proposed supplementary rules 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 (NEPA), 42 U.S.C. 4332(2)(C). A detailed 
environmental impact statement under NEPA is not required. The BLM has 
placed the EA and the Finding of No Significant Impact on file in the 
BLM Administrative Record at the address specified in the ADDRESSES 
section. The BLM invites the public to review these documents.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) 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. The proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size but contain rules to protect the natural resources and the 
environment on public lands. Therefore, the BLM has determined under 
the RFA that these proposed supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
annual effect on the economy of $100 million or more, in an increase in 
costs or prices, or in significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. They would merely impose 
rules regarding the use of certified noxious-weed-free forage and straw 
on BLM-administered public lands in Idaho.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on State, local, or Tribal governments or the private sector of 
more than $100 million per year, nor do these proposed supplementary 
rules have a significant or unique effect on State, local, or Tribal 
governments or the private sector. The proposed supplementary rules do 
not require anything of State, local, or Tribal governments. Therefore, 
the BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules do not address property rights 
in any form and do not cause the impairment of anyone's property 
rights. Therefore, the Department of the Interior has determined that 
the proposed supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules 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. The proposed 
supplementary rules apply in only one State, Idaho, and do not address 
jurisdictional issues involving the Idaho State Government. Therefore,

[[Page 57499]]

in accordance with Executive Order 13132, the BLM has determined that 
these proposed supplementary rules do not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Idaho State Office has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not include policies that have tribal 
implications. Since the proposed rules do not change BLM policy as it 
pertains to Tribes and do not involve Indian reservation lands, 
resources, or property rights, the BLM has determined that the 
government-to-government relationships should remain unaffected.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These proposed supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. They only address the use of 
certified noxious-weed-free forage and straw on public lands and have 
no connection with energy policy.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of these proposed supplementary rules is Roger 
Rosentreter, Botanist, Idaho BLM State Office.

Supplementary Rules To Require the Use of Certified Noxious-Weed-Free 
Forage and Straw on Bureau of Land Management-Administered Public Lands 
in Idaho

    (1) To prevent the spread of noxious weeds on BLM-administered 
public lands in Idaho, it is a prohibited act to feed or store forage 
or straw on BLM-administered land that has not been certified as 
noxious-weed-free. Restoration, rehabilitation, and stabilization 
projects also are required to use weed-free straw bales and mulch for 
project work.
    Once this rule becomes effective, there will be a 60-day grace 
period for enforcement of this rule.
    (2) The certification program currently includes 57 weeds that have 
been designated as noxious in Idaho under the Idaho State noxious-weed-
free standards, or certified to be free from those weeds designated in 
the North American Weed Free Forage Program list, which was developed 
by the North American Weed Management Association (NAWMA). This NAWMA 
list currently includes the 57 weeds designated noxious in Idaho and 
also includes an additional 15 invasive weeds. BLM Idaho allows forage 
that meets Idaho, NAWMA, or other states' standards for certification 
as noxious- weed-free. Although weeds may be added or removed from 
these various lists, the BLM recognizes this forage as certified 
noxious-weed-free as long as it has been marked indicating that it 
meets the standards for certification.
    (3) Certified noxious-weed-free hay must be identified by one of 
the following:
    (a) State certification tag attached to the bale string;
    (b) At least one strand of purple and yellow (intertwined) bale 
twine encircling the bale;
    (c) Blue and orange (intertwined) bale twine encircling the bale; 
or
    (d) Other colored twine encircling the bale that is used to 
designate certified forage.
    (4) Certified noxious-weed-free compressed forage bales are 
identified by yellow binding (strapping) material with the statement 
``ISDA NWFFS'' and the manufacturer's name printed in purple.
    (5) Certified noxious-weed-free forage in bags is identified by a 
stamp, sticker, or printing on the bag identifying it as certified 
forage.
    (6) The following persons/activities are exempt from this order:
    (a) Any person with a permit or letter signed by a BLM authorized 
officer specifically authorizing the prohibited act, such as an 
authorized livestock permittee during an emergency situation in which 
livestock must be fed uncertified forage or hay for a short period of 
time until they can be moved to safety; and
    (b) Any person transporting hay or forage across public lands from 
private property to private property.
    (7) Any person who knowingly or willfully violates the provisions 
of these supplementary rules may be required to appear before a 
designated United States Magistrate and may be subject to a fine of not 
more than $1,000 or imprisonment of not more than 12 months, or both, 
as defined in 43 U.S.C. 1733(a). Such violations may also be subject to 
enhanced fines provided for by 18 U.S.C. 3571.

Peter J. Ditton,
Acting Idaho State Director, Bureau of Land Management.
[FR Doc. 2010-23462 Filed 9-20-10; 8:45 am]
BILLING CODE 4310-GG-P