[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38469-38470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18787]


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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-930-1020-04-WEED]


Notice of Final Supplementary Rules to Require the Use of 
Certified Noxious Weed-Free Forage on Bureau of Land Management-
Administered Lands in Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules to require the use of 
certified noxious weed-free forage on Bureau of Land Management-
administered lands in Colorado.

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SUMMARY: Beginning August 1, 1996, The State Director of the Bureau of 
Land Management (BLM) in Colorado will require that all BLM visitors 
and permittees in Colorado use certified noxious weed-free hay, straw, 
or mulch when visiting BLM administered lands in Colorado. This 
requirement affects

[[Page 38470]]

visitors who use hay or straw on the BLM administered lands in Colorado 
such as: Recreationists using pack and saddle stock, ranchers with 
grazing permits, outfitters, and contractors who use straw or other 
mulch for reseeding purposes. These individuals or groups are required 
to purchase certified noxious weed-free forage products, or use other 
approved products, such as processed grains and pellets while on BLM 
administered lands in Colorado. During the first year BLM will 
emphasize education and awareness of the new regulation and the 
certification program.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Colorado 
State Office, Carol Spurrier, Resource Services, Plant and Animal 
Sciences Team, 2850 Youngfield Street, Lakewood, CO 80215, or telephone 
(303) 239-3725.

SUPPLEMENTARY INFORMATION: BLM Colorado published a Notice of Proposed 
Supplementary Rules on February 1, 1996, in the Federal Register. That 
notice listed a thirty day comment period. Thirty-three people 
commented on the proposal. Twenty four of those comments were from 
people who supported the proposal. Nonsupportive comments were 
addressed in an Environmental Assessment of the proposed supplementary 
rule. The Environmental Assessment, Finding of No Significant Impact 
(FONSI), and Decision Record are available in the Public Room of the 
Colorado State Office between 9 a.m. and 4 p.m., Monday through Friday. 
The Public Room telephone number is (303) 239-3600. The address is 2850 
Youngfield Street, Lakewood, CO 80215-7076.
    Noxious weeds are a serious problem in the western United States. 
Estimates of the rapid spread of weeds in the west include 2,300 acres 
per day on BLM administered lands and 4,600 acres per day on all 
western public lands. Species like Leafy Spurge, Spotted Knapweed, 
Russian Knapweed, Musk Thistle, Dalmatian Toadflax, Purple Loosestrife, 
and many others are alien to the United States and have no natural 
enemies to keep their populations in balance. Consequently, these 
undesirable weeds invade healthy ecosystems, displace native 
vegetation, reduce species diversity, and destroy wildlife habitat. 
Widespread infestations lead to soil erosion and stream sedimentation.
    Furthermore, noxious weed invasions weaken reforestation efforts, 
reduce domestic and wild ungulates' grazing capacity, occasionally 
irritate public land users by aggravating allergies and other ailments, 
and threaten federally protected plants and animals.
    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, passed weed management laws. Because hay and other forage 
products containing noxious weed seed are part of the infestation 
problem, Colorado has developed a state hay inspection-certification-
identification process, participates in a regional inspection-
certification-identification process, and encourages forage producers 
in Colorado to grow noxious weed-free products. The Colorado Department 
of Agriculture Division of Plant Industry has documented that in the 
first two years of the program, 101 growers in Colorado produced 
5,547.49 acres of certified forage including grass hay, alfalfa hay, a 
mixture of grass and alfalfa hay, as well as barley and wheat straw as 
of October 30, 1995.
    Region Two of the United States Forest Service, Department of 
Agriculture, implemented a similar policy for National Forest lands in 
Colorado and surrounding states in 1994. The BLM in Colorado 
implemented a standard stipulation on all Special Recreation Permits in 
1994 requiring holders of those permits to use certified weed-free 
products. This proposal will provide a standard regulation for all 
users of BLM lands in Colorado and will provide for coordinated 
management with National Forest lands across jurisdictional lines.
    In cooperation with the state of Colorado and the U.S. Forest 
Service, the BLM is proposing--for all BLM administered lands within 
Colorado--a ban on hay, straw or mulch that has not been certified. 
This proposal includes a public information plan to ensure that: (1) 
This ban is well publicized and understood; and (2) BLM visitors and 
land users will know where they can purchase state-certified hay or 
other products. During the first year of implementing this new 
regulation, BLM will emphasize education and awareness of the 
regulation and the certification program. After the first year, BLM 
will emphasize enforcement of the new regulation.
    These supplementary rules will not appear in the Code of Federal 
Regulations.
    The principal author of these proposed supplementary rules is Carol 
Spurrier, Botanist, of the Colorado State Office, BLM.
    For the reasons stated above, under the authority of 43 CFR 8365.1-
6, the Colorado State Office, BLM, finalizes supplementary rules to 
read as follows: Supplementary Rules to Require the Use of Certified 
Noxious Weed-Free Forage on Bureau of Land Management-Administered 
Lands in Colorado
    (a)(1) To prevent the spread of weeds on BLM-administered lands in 
Colorado, effective August 1, 1996, all BLM lands within the state of 
Colorado, at all times of the year, shall be closed to possessing or 
storing hay, straw, or mulch that has not been certified as free of 
prohibited noxious weed seed.
    (2) Certification will comply with ``Regional Standards'' jointly 
developed by the states of Colorado, Idaho, Montana, Utah, Wyoming, and 
Nebraska for noxious weed seed free and noxious weed free forage.
    (3) The following persons are exempt from this order: anyone with a 
permit signed by BLM's authorized officer at the Resource Area Office 
specifically authorizing the use of noncertified hay, straw or mulch 
within that Resource Area.
    (b) Any person who knowingly and willfully violates the provisions 
of these supplemental rules regarding the use of noncertified noxious 
weed-free hay, straw, or mulch when visiting Bureau of Land Management 
administered lands in Colorado, without authorization required, may be 
commanded 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 United States Code 
Sec. 1733(a).

    Dated: July 12, 1996.
Robert V. Abbey,
Associate State Director, Bureau of Land Management, Colorado.
[FR Doc. 96-18787 Filed 7-23-96; 8:45 am]
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