[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18304]


[[Page Unknown]]

[Federal Register: July 27, 1994]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 4

Bureau of Land Management

43 CFR Parts 1780 and 4100

[WO-220-4320-02 24 1A]
RIN 1004-AB89

 

Department Hearings and Appeals Procedures; Cooperative 
Relations; Grazing Administration--Exclusive of Alaska

AGENCY: Office of the Secretary and the Bureau of Land Management, 
Interior.

ACTION: Proposed rule; extension of comment period and additional 
request for comment.

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SUMMARY: The comment period on the Department's proposed rule 
pertaining primarily to the administration of livestock grazing on 
public lands is extended to provide additional opportunity for public 
comment. This document also solicits public comment on whether the 
Department of the Interior should consider reducing the fee that would 
be charged for grazing sheep on public lands. Comments on this issue 
will be considered along with comments on the proposed rule published 
in the Federal Register on March 25, 1994, in developing the 
Department's final rule.

DATES: Comments on this proposed rule must be submitted in writing by 
September 9, 1994. Comments postmarked after this date will not be 
considered in the preparation of the final rule.

ADDRESSES: Send comments on this proposed rule to Rangeland Reform '94, 
P.O. Box 66300, Washington, D.C. 20035-6300. Com ments delivered to an 
address other than above may not be considered in the preparation of 
the final rule.
    Comments on the proposed rule will be made available for public 
inspection during regular business hours (7:45 a.m. to 4:15 p.m.), 
Monday through Friday. Viewing of the comments can be arranged by 
contacting the Bureau of Land Management at the telephone number 
provided below.

FOR FURTHER INFORMATION CONTACT: Mark W. Stiles, Regulations Analyst, 
Division of Legislation and Regulatory Management, Bureau of Land 
Management, (202) 208-4256.

SUPPLEMENTARY INFORMATION: A proposed rule that would amend primarily 
the regulations that govern how the Secretary of the Interior, through 
the Bureau of Land Management, administers livestock grazing was 
published in the Federal Register March 25, 1994 (59 FR 14314). That 
proposed rule is a part of the Department's Rangeland Reform '94, an 
effort to improve the administration of grazing. The original comment 
period on the proposed rule was to end on July 28, 1994. The comment 
period is being extended until September 9, 1994.
    During the development of the proposed rule and since the opening 
of the comment period on the Rangeland Reform '94 proposal, the 
Governors of several States have organized groups to consider the 
Department's proposals. The Governor of Wyoming has established one 
such group which is developing comments and alternative actions to be 
considered. The Governor of Wyoming has requested an extension of the 
comment period to provide the Wyoming working group sufficient time to 
complete their model for rangeland reform. In keeping with the 
Department's intent to encourage collaborative efforts in the 
resolution of difficult public land management issues, the comment 
period on the proposed rule is being extended until September 9, 1994.
    Elements of Rangeland Reform '94 have been analyzed through a draft 
environmental impact statement (EIS), notice of which was published in 
the Federal Register on May 13, 1994 (59 FR 25118). The Forest Service 
is a cooperating agency in the preparation of the EIS. The comment 
period on the draft EIS ends August 11, 1994, but the Department is 
considering the need to extend the EIS comment period to coincide with 
the closing of the comment period on the related proposed rule. Any 
extension of the comment period for the draft EIS will be made through 
a separate Federal Register notice.
    A key provision of the Department's proposed rule published March 
25, 1994, would raise the Federal grazing fee to a level more closely 
reflecting market value. Under the proposed rule the grazing fee would 
be charged for each animal unit month (AUM) of grazing on Federal 
lands. An AUM was defined, for billing purposes, as a month's use and 
occupancy of range by one cow, bull, steer, heifer, horse, burro, mule, 
five sheep, or five goats, over the age of six months at the time of 
entering the public lands or other lands administered by the Bureau of 
Land Management (BLM); for all such weaned animals regardless of age; 
and for such animals that will become 12 months of age during the 
authorized period of use. This document requests comment from the 
public regarding whether the definition of an AUM for billing purposes, 
as it pertains to sheep, should be six or seven sheep, rather than five 
sheep.
    The Department solicits comments on this aspect of the proposed 
rule in recognition of the decline in the number of sheep operators and 
number of sheep AUMs authorized on public lands over the last 20 years. 
During the period of 1975 through 1993 the number of sheep operators 
using public rangelands administered by the BLM dropped from 2,490 to 
1,624. During the same period the number of AUMs authorized for sheep 
use dropped from about 1.8 million to about 1.2 million. The decline in 
sheep grazing on the public lands may be attributed to a number of 
factors, but has resulted in a shift from sheep to cattle in many areas 
where grazing by sheep would be environmentally and administratively 
preferable. It has come to the attention of the Department that the 
long-term trend in the shift from sheep to cattle may be accelerated by 
recent changes in market factors such as the phase-out of wool 
incentive and unshorn lamb payments.
    The public is asked to provide information addressing whether or 
how the proposed rule might affect the long-term trend in the shift 
from sheep to cattle. In particular, the Department is inviting comment 
on the effect of changing the definition of an AUM for billing purposes 
in a manner that would reduce the proposed grazing fee that would be 
charged for the use of public lands by sheep by 17 percent if the 
number of sheep per billing unit would be changed from five to six, or 
28 percent if changed from five to seven.
    An adjustment in the definition of an AUM for billing purposes 
would not affect the manner in which sheep stocking rates are 
determined. It would only affect the price paid for the use of public 
lands by sheep. Stocking rates are determined by, among other things, 
assessing the capacity of the public lands for a given kind of 
livestock. The equivalency between cattle and sheep expressed in the 
definition of an AUM for billing purposes is not used by the BLM in 
determining stocking rates.
    The Department intends that any change in the definition of an AUM 
for billing purposes would not affect the proposed 30 percent incentive 
fee reduction.
    Due to the great volume of comments already received and 
anticipated on this proposed rule, the Department requests that 
reviewers identify the specific section and paragraph label for the 
regulatory text on which they are commenting. Specific statements of 
what regulatory text the reviewer feels should be modified, and the 
reasons for the recommended changes, are encouraged.
    This additional request for comment is proposed under the authority 
of the Taylor Grazing Act of 1934 (43 U.S.C. 315 et seq.), the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and 
the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et seq.).
    This rule has been reviewed under Executive Order 12866.
    The Department has prepared an initial Small Entity Flexibility 
Analysis analyzing the economic impact of the March 25, 1994 rulemaking 
(59 FR 14314) on small entities pursuant to the Regulatory Flexibility 
Act (5 U.S.C. 605 et seq.). The anticipated effects of this additional 
request would be consistent with the analysis prepared for the March 
25, 1994, proposed rule. The initial analysis is available at the 
address provided above.
    This additional request for comment on the proposed rule has been 
reviewed under Executive Order 12630, the Attorney General Guidelines, 
Department of the Interior Guidelines, and the Attorney General 
Supplemental Guidelines to determine the takings implications of the 
proposed rule if it were promulgated as currently drafted. The 
Department has determined that this additional request for comment does 
not present a risk of a taking.
    The Department has certified to the Office of Management and Budget 
that the proposed rule meets the applicable standards provided in 
sections 2(a) and 2(b)(2) of Executive Order 12778.
    This additional request for comment does not contain collections of 
information which require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 94-18304 Filed 7-26-94; 8:45 am]
BILLING CODE 4310-84-P