[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Proposed Rules]
[Pages 45385-45387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21994]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 4100

[WO-330-1020-00-24 1A]
RIN 1004-AB89


Grazing Administration, Exclusive of Alaska; Development and 
Completion of Standards and Guidelines; Implementation of Fallback 
Standards and Guidelines

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rulemaking.

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SUMMARY: The Department of the Interior (Department) proposes to amend 
the livestock grazing regulations of the Bureau of Land Management 
(BLM) to allow the Secretary of the Interior (Secretary) discretion to 
postpone implementation of the fallback standards and guidelines beyond 
February 12, 1997, but not to exceed the six month period ending August 
12, 1997. The amendment would allow the Secretary to provide additional 
time for the BLM to collaborate with resource advisory councils (RACs) 
and the public to develop State or regional standards and guidelines. 
Without this proposed change to the regulations, fallback standards and 
guidelines would go into effect on February 12, 1997, despite the fact 
that work on State or regional standards and guidelines might be nearly 
complete.

DATES: Comments on the proposed rule must be received by September 30, 
1996 to be assured of consideration. Comments received or postmarked 
after this date may not be considered in the preparation of the final 
rule.

ADDRESSES: Comments should be sent to: Director (420), Bureau of Land 
Management, Room 401 LS, 1849 C Street, NW, Washington, DC 20240, or 
the Internet address: [email protected]. [For Internet, 
include ``Attn: AB89'', and your name and return address.] You may also 
hand deliver comments to the Bureau of Land Management Administrative 
Record, Room 401, 1620 L Street, NW, Washington, DC. Comments will be 
available for public review at the L Street address during regular 
business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except 
Holidays.

FOR FURTHER INFORMATION CONTACT:
Tim Salt, (202) 208-4896.


[[Page 45386]]



SUPPLEMENTARY INFORMATION:

I. Introduction

    The current regulations at 43 CFR Sec. 4180.2 require the BLM State 
Director to develop State or regional standards and guidelines. These 
standards and guidelines are being developed at the State or regional 
level, in consultation with affected RACs to reflect local resource 
conditions and management practices. The standards and guidelines will 
reflect properly functioning conditions, or those conditions which must 
be met to ensure sustainability and healthy productive ecosystems and 
outline best management practices to achieve standards. They will 
provide the basis for evaluation of rangeland health and subsequent 
corrective actions. The regulations further provide that in the event 
State or regional standards and guidelines are not completed and in 
effect by February 12, 1997, fallback standards and guidelines 
described in the regulations will go into effect.
    The proposed amendment to 43 CFR 4180.2(f) would give the Secretary 
discretion to postpone the implementation of the fall back standards 
and guidelines for up to six months. The regulation currently provides 
that the fallback standards and guidelines automatically go into effect 
on February 12, 1997, if State or regional standards and guidelines are 
not completed and in effect by that date. The Department promulgated 
this provision after receiving comments proposing various timeframes, 
ranging up to 24 months, for the completion of standards and 
guidelines. The Department concluded in the final environmental impact 
statement that 18 months was ``an ambitious but realistic'' timeframe. 
The Department of the Interior and Department of Agriculture, Rangeland 
Reform `94, Final Environmental Impact Statement 56 (1994). Similarly, 
the Department stated in the Preamble to the Final Rule that existing 
information and NEPA tiering procedures would enable BLM State 
Directors to complete the standards and guidelines within 18 months. 
The Department is proposing this change now because it has become 
apparent that development of State or regional standards and guidelines 
might, in some instances, require longer than the 18-month period 
provided in the regulation.
    This discretion to grant up to a six-month extension would ensure 
that BLM State Directors, working with RACs and the public, will have 
adequate time to develop appropriate State or regional standard and 
guidelines. In developing this proposed amendment, the Department 
considered the benefits of efficient rangeland administration, 
effective public participation and possible impacts resulting from a 
minor delay. The Department believes that six months is an appropriate 
maximum period of extension. The Department seeks comment on whether 
this is a sufficient period of time or if additional time should be 
made available. Postponing implementation of the fallback standards and 
guidelines will enhance the efficient administration and promote the 
long-term health of public rangelands for two primary reasons. First, 
where locally developed standards and guidelines are nearly complete, 
implementation of the more general fallback standards and guidelines on 
a short term interim basis would be likely to create confusion and 
increase administrative costs. Second, postponing implementation of the 
fallback measures will allow the Department of achieve its commitment 
to improving public land management through a collaborative process 
that utilizes RACs recommendations, local public input and 
consideration of State or regional public rangelands issues. The 
Department expects that the amendment will not have a significant 
impact on the environment since postponement of the fallback standards 
and guidelines would be for a limited period up to six months. 
Furthermore, the Department does not anticipate that every BLM State 
Director would need a postponement.
    In determining whether to grant a postponement, the Secretary would 
evaluate whether the requested postponement would promote 
administrative efficiencies and long-term rangeland health. The 
Secretary might consider such factors as the scheduled timing for 
completion of the State or regional standards and guidelines, whether 
the delay would promote the efficient administration, use and 
protection of the public rangelands, or other factors the Secretary 
deems relevant.
    The proposed rule would permit the Secretary the flexibility to 
postpone implementation of the fallback standards and guidelines when 
the State or regional standards and guidelines are nearly complete. 
Implementing different sets of standards and guidelines in rapid 
succession would produce confusion, uncertainty and increased 
administrative costs. Furthermore, the Secretary would retain 
discretion to deny a postponement and implement the fallback standards 
and guidelines when the State or regional standards and guidelines are 
far from completion or when a postponement would not promote long-term 
rangeland health.

II. Procedural Matters

National Environmental Policy Act

    The BLM is analyzing the impacts of this proposed rule in 
accordance with section 102(2)(C) of the National Environmental Policy 
Act of 9169 (NEPA) [42 U.S.C. 4332(C)]. The BLM anticipates the 
proposed rule will not have a significant impact on the quality of the 
human environment, and therefore, preparation of an Environmental 
Impact Statement would not be necessary. The final rule will be 
accompanied by the appropriate NEPA documentation.

Executive Order 12630

    The BLM has analyzed the takings implications and concluded that 
this proposed rule does not present a risk of a taking of 
constitutionally protected private property rights.

Executive Order 12866

    The BLM has determined that this proposed rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866 and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that order. It has been exempted from review by the Office 
of Management and Budget under that order.

Regulatory Flexibility Analysis

    The proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act [5 U.S.C. 601 et seq.].

Federal Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.

Author

    The principal author of this proposed rule is Tim Salt, Western 
Rangelands Team, BLM.

List of Subjects in 43 CFR Part 4100

    Administrative practice and procedure, Grazing lands, Livestock, 
Penalties, Range management, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble and under the authority of 
43 U.S.C. 1740, subpart 4180, part 4100, group 4100, subchapter D, of 
subtitle B of chapter II of Title 43 of the Code of Federal Regulations 
is proposed to be amended as set forth below:

[[Page 45387]]

PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA

    1. The authority citation for part 4100 continues to read as 
follows:

    Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

Subpart 4180--Fundamentals of Rangeland Health and Standards and 
Guidelines for Grazing Administration

    2. Section 4180.2(f) introductory text is revised to read as 
follows:


Sec. 4180.2  Standards and guidelines for grazing administration.

* * * * *
    (f) In the event that State or regional standards and guidelines 
are not completed and in effect by February 12, 1997, and until such 
time as State or regional standards and guidelines are developed and in 
effect, the following standards provided in paragraph (f)(1) of this 
section and guidelines provided in paragraph (f)(2) of this section 
shall apply and will be implemented in accordance with paragraph (c) of 
this section. However, the Secretary may grant, upon referral by the 
BLM of a formal recommendation by a resource advisory council, a 
postponement of the February 12, 1997, fallback standards and 
guidelines implementation date, not to exceed the six-month period 
ending August 12, 1997. In determining whether to grant a postponement, 
the Secretary will consider, among other factors, long-term rangeland 
health and administrative efficiencies.
* * * * *
    Dated: August 15, 1996.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 96-21994 Filed 8-28-96; 8:45 am]
BILLING CODE 4310-84-M