[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Proposed Rules]
[Pages 56497-56501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27581]


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DEPARTMENT OF THE INTERIOR
43 CFR Part 4300

[WO-420-1050-00-24]
RIN 1004-AC70


Grazing Administration; Alaska Reindeer

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (``BLM'') proposes to revise the 
regulations at 43 CFR 4300, which provide for the administration of 
permits for grazing reindeer in Alaska. Part 4300 explains to the 
public how to apply for permits and what a permit entitles a person to 
do. BLM proposes to translate the current part 4300 regulations into 
plain English and with few exceptions, would not change the substance 
of the regulations.

DATES: Comments: Submit comments by December 2, 1996. BLM will consider 
comments received or postmarked on or before this date.

ADDRESSES: Comments: You may hand-deliver your comments to the Bureau 
of Land Management, Administrative Record, Room 401, 1620 L St., NW., 
Washington, DC; or mail comments to the Bureau of Land Management, 
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC 
20240. You may transmit comments electronically via the Internet to: 
[email protected]. Please include ``Attn: AC70'' and your 
name and address in your message. If you do not receive a confirmation 
from the system that we have received your Internet message, contact us 
directly.

FOR FURTHER INFORMATION CONTACT: Olivia Short, (202) 452-0345 
(Commercial or FTS).

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

Written Comments

    Your written comments on the proposed rule should be specific, 
should be confined to issues pertinent to the proposed rule, and should 
explain the reason for any recommended change. Where possible, you 
should reference the specific section or paragraph of the proposal that 
you are addressing.

II. Background

    The current part 4300 regulations were written in order to carry 
into effect

[[Page 56498]]

the provisions of the Act of September 1, 1937 (50 Stat. 900; 25 U.S.C. 
500, et seq.) (``The Act''). The Act authorized the Secretary of the 
Interior to manage the reindeer industry in Alaska for the purpose of 
maintaining a self-sustaining industry for natives of Alaska. The Act 
also authorized the Secretary to issue permits to natives for grazing 
reindeer on public lands.

III. Discussion of Proposed Rule

    This proposed rule is a rewriting of the present regulations into 
Plain English. Plain English is a method of writing and formatting 
which is designed to add significant clarity to formerly bureaucratic 
and convoluted language. Plain English allows both the public and the 
administering agency to fully understand the requirements each is 
obliged to follow. BLM has arranged the proposed rule in a question and 
answer format, with a new numbering of sections. This will make it 
easier for the public to locate the sections that concern them. Few 
changes in policy or requirements have been made in this proposed rule, 
but BLM has clarified several matters. A new definition of reindeer has 
been added. The new definition combines the old definition with a 
statement that clarifies the reindeer's relationship to wild caribou. 
The proposed rule states that a $10 application fee is paid for each 
year of the permit. This seems like a new requirement because the 
existing part 4300 regulations do not specify that the fee must be paid 
for each year. Actually, it has long been a BLM procedure to charge 
herders an annual fee in order to cover the administrative costs of 
processing the applications. Reasons for cancellation of a permit are 
expanded to include those reasons currently used by BLM to reduce or 
modify a permit.

IV. Procedural Matters

National Environmental Policy Act

    BLM has determined that this proposed rule is categorically 
excluded from environmental review under section 102(2)(C) of the 
National Environmental Policy Act, pursuant to 516 Departmental Manual 
(DM), Chapter 2, Appendix 1, Item 1.10, and that the proposed rule does 
not meet any of the 10 criteria for exceptions to categorical 
exclusions listed in 516 DM, Chapter 2, Appendix 2. Pursuant to Council 
on Environmental Quality regulations (40 CFR 1508.4) and the 
environmental policies and procedures of the Department of the 
Interior, the term ``categorical exclusion'' means a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment and that have been found to have no 
such effect in procedures adopted by a Federal agency and for which 
neither an environmental assessment nor an environmental impact 
statement is required.
    This proposed rule qualifies as a categorical exclusion under item 
1.10 for regulations of an administrative, financial, legal, technical, 
or procedural nature. The publication of this proposed rule does not 
change the rights of customers who may file applications and has no 
impact on the environment. The rule, when final, will simplify the 
application procedures and make clear to applicants the legal 
requirements they need to meet.

Paperwork Reduction Act

    BLM has submitted the information collection requirements in the 
proposed rule to the Office of Management and Budget for approval as 44 
U.S.C. 3501 et seq requires. BLM will not require collection of this 
information until the Office of Management and Budget has given its 
approval.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 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. 
BLM has determined that this proposed rule would not have a significant 
economic impact on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    BLM has determined that this proposed rule will not result in the 
expenditure by State, local or tribal governments, in the aggregate, or 
by the private sector, of $100 million or more in any one year.

Executive Order 12612

    The proposed rule would 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. Therefore, BLM has determined that this 
proposed rule does not have sufficient federalism implications to 
warrant preparation of a Federalism assessment.

Executive Order 12630

    The proposed rule does not represent a government action that would 
interfere with constitutionally protected property rights or result in 
a taking of private property.

Executive Order 12866

    BLM has determined that the proposed rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866. The rule 
is, therefore, not subject to review by the Office of Management and 
Budget under section 6(a)(3) of that order.

Executive Order 12988

    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Author

    The principal author of this rule is Olivia Short, Bureau of Land 
Management, Regulatory Management Team, 1849 C Street, NW., Washington, 
DC 20240, Telephone 202-452-0345 (Commercial or FTS).

List of Subjects in 43 CFR Part 4300

    Administrative practice and procedure, Alaska, Grazing lands, Land 
Management Bureau, Range Management, Reindeer, Reporting and 
recordkeeping requirements.

    For the reason set forth above, and under the authority of 25 U.S.C 
500k, BLM proposes to revise 43 CFR part 4300 to read as follows:

    Dated: October 21, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL

General Information

Sec. 4300.1  What is a reindeer?
Sec. 4300.2  Is there a special form for my application?

Before you apply for a reindeer grazing permit

Sec. 4300.10  On what types of public land can I obtain a reindeer 
grazing permit?
Sec. 4300.11  Who qualifies to apply for a permit?
Sec. 4300.12  What is the definition of a native?

Applying for a grazing permit

Sec. 4300.20  How do I apply for a permit?
Sec. 4300.21  What must I include in my application?
Sec. 4300.22  What fees must I pay?
Sec. 4300.23  After I file my application, can I use the land before 
BLM issues my permit?

[[Page 56499]]

Sec. 4300.24  Does my filed application mean that no one else can 
file an application?
Sec. 4300.25  Does my filed application mean I will automatically 
receive a permit?

Protests against a grazing permit application

Sec. 4300.30  Can someone else protest my permit application?

Conditions of your approved permit

Sec. 4300.40  How long can I graze reindeer with my permit?
Sec. 4300.41  What will the permit say about the number of reindeer 
and where I can graze them?
Sec. 4300.42  If I have existing improvements on the land, will 
these be allowed in the initial permit?
Sec. 4300.43  What should I do if I want to construct and maintain 
improvements on the land?
Sec. 4300.44  Are there any major restrictions on my grazing permit 
that I might otherwise think are allowed?
Sec. 4300.45  Must I submit any reports?

Changes that can affect your permit

Other Uses of the land

Sec. 4300.50  Are there other uses of the land that may affect my 
permit?
Sec. 4300.51  Will I be notified if another use, disposal, or 
withdrawal occurs on the land?
Sec. 4300.52  Can other persons use the land in my permit for 
mineral exploration or production?

Changes in the size of the permitted area

Sec. 4300.53  Can BLM reduce the size of the land in my permit?
Sec. 4300.54  Can BLM increase the size of the land in my permit?
Sec. 4300.55  What if I don't agree with an adjustment of my permit 
area?

Permit renewals

Sec. 4300.57  How do I apply for a renewal of my permit?
Sec. 4300.58  Will the renewed permit be exactly the same as the old 
permit?

Assigning your permit to another party

Sec. 4300.59  If I want to assign my permit to another party, when 
must I notify BLM?
Sec. 4300.60  What must be included in my assignment document?
Sec. 4300.61  Can I sublease any part of the land in my permit?

Closing out your permit

Sec. 4300.70  May I relinquish my permit?
Sec. 4300.71  Under what circumstances can BLM cancel my permit?
Sec. 4300.72  May I remove my personal property or improvements when 
the permit expires or terminates?

Reindeer crossing permit

Sec. 4300.80  How can I get a permit to cross reindeer over public 
lands?

Trespass

Sec. 4300.90  What is a trespass?

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL

    Authority: 25 U.S.C. 500k, and 43 U.S.C. 1701 et seq.

General Information


Sec. 4300.1  What is a reindeer?

    Reindeer, Rangifer tarandus, are a semi-domesticated member of the 
deer family, Cervidae. They are essentially the same animal as their 
wild cousins, the caribou, but tend to be smaller than caribou. 
Reindeer and caribou are different subspecies of the same family, 
genus, and species. The term ``reindeer'' includes caribou that have 
been introduced into animal husbandry or have joined reindeer herds, 
the offspring of these caribou, and the offspring of reindeer.


Sec. 4300.2  Is there a special form for my application?

    All applications and reports you submit to BLM must be on a BLM-
approved form and in duplicate.

Before you apply for a reindeer grazing permit


Sec. 4300.10  On what types of public land can I obtain a reindeer 
grazing permit?

    (a) You may apply for public lands that are vacant and 
unappropriated.
    (b) You may apply for public lands which have been withdrawn for 
any purpose, but the Department or agency with administrative 
jurisdiction of the withdrawn lands must give its prior consent, and 
may impose terms or conditions on the use of the land.
    (c) If the lands you apply for are within natural caribou migration 
routes, or if they have other important values for wildlife, BLM will 
consult with the Alaska Department of Fish and Game before issuing a 
permit. BLM may include such lands in a permit at its discretion, and a 
permit will contain any special terms and conditions to which the two 
agencies agree.


Sec. 4300.11  Who qualifies to apply for a permit?

    Natives, groups, associations or corporations of natives as defined 
by the Act of September 1, 1937 (50 Stat. 900) qualify. If you are a 
native corporation, you must be organized under the laws of the United 
States or the State of Alaska. Native corporations organized under the 
Alaska Native Claims Settlement Act also qualify.


Sec. 4300.12  What is the definition of a native?

    Natives are:
    (a) Native Indians, Eskimos, and Aleuts of whole or part blood 
living in Alaska at the time of the Treaty of Cession of Alaska to the 
United States, and their descendants of whole or part blood; and
    (b) Indians and Eskimos who, between 1867 and September 1, 1937, 
migrated into Alaska from Canada, and their descendants of whole or 
part blood.

Applying for a grazing permit


Sec. 4300.20  How do I apply for a permit?

    You must execute a completed application for a grazing permit and 
file it in the BLM office with jurisdiction over the lands for which 
you are applying.


Sec. 4300.21  What must I include in my application?

    (a) You must include a certification of reindeer allotment to you, 
signed by the Bureau of Indian Affairs, if you are to receive a herd 
from the Government. If you obtain reindeer from a source other than 
the Government, you should state the source and show evidence of 
purchase or option to purchase.
    (b) Your initial application must list the location of and describe 
the improvements you own in the application area. You must have this 
statement verified by the Bureau of Indian Affairs before you submit it 
to BLM.


Sec. 4300.22  What fees must I pay?

    You must pay a $10 filing fee per year with each application. No 
grazing fee will be charged.


Sec. 4300.23  After I file my application, can I use the land before 
BLM issues my permit?

    No. You cannot use the land until BLM issues you a permit.


Sec. 4300.24  Does my filed application mean that no one else can file 
an application?

    No. The filing of your application will not segregate the land. 
Anyone else may file an application and BLM may dispose of the lands 
under the public land laws.


Sec. 4300.25  Does my filed application mean I will automatically 
receive a permit?

    No. BLM issues grazing permit at its discretion.

Protests against a grazing permit application


Sec. 4300.30  Can someone else protest my permit application?

    (a) Yes, anyone may file a protest with BLM. This protest must:
    (1) Be filed in duplicate with BLM;
    (2) Contain a complete description of all facts upon which it is 
based;
    (3) Describe the lands involved; and

[[Page 56500]]

    (4) Be accompanied by evidence of service of a copy of the protest 
on the applicant.
    (b) If the person protesting also wants a grazing permit for all or 
part of the land described in the protested application, the protest 
must be accompanied by a grazing permit application.

Conditions of your approved permit


Sec. 4300.40  How long can I graze reindeer with my permit?

    BLM issues permits for a maximum of 10 years, except when you 
request a shorter term, or when BLM determines that a shorter period is 
in the public interest. The issued permit will specify the number of 
years you can graze reindeer.


Sec. 4300.41  What will the permit say about the number of reindeer and 
where I can graze them?

    (a) The permit will indicate the maximum number of reindeer you can 
graze on the permit area based on range conditions. BLM can adjust this 
number if range conditions change, as for example, by natural causes, 
overgrazing, or fire.
    (b) The permit will restrict grazing to a definitely described area 
which BLM feels is usable and adequate for your needs.


Sec. 4300.42  If I have existing improvements on the land, will these 
be allowed in the initial permit?

    Yes, any improvements existing on the land will be allowed.


Sec. 4300.43  What should I do if I want to construct and maintain 
improvements on the land?

    (a) You should file an application with BLM for a permit to do 
this. A permit will allow you to construct, maintain, and use any 
fence, building, corral, reservoir, well or other improvement needed 
for grazing under the grazing permit; and
    (b) You must comply with Alaska state law in the construction and 
maintenance of fences, but any fence must be constructed to permit 
ingress and egress of miners, mineral prospectors, and other persons 
entitled to enter the area for lawful purposes.


Sec. 4300.44  Are there any major restrictions on my grazing permit 
that I might otherwise think are allowed?

    Yes. You must not:
    (a) Enclose roads, trails and highways as to disturb public travel 
there;
    (b) Interfere with existing communication lines or other 
improvements;
    (c) Prevent legal hunting, fishing or trapping on the land;
    (d) Prevent access by persons, such as miners and mineral 
prospectors, entitled to lawfully enter; or
    (e) Graze reindeer without complying with applicable State and 
Federal laws on livestock quarantine and sanitation.


Sec. 4300.45  Must I submit any reports?

    Yes. Before April 1 of the second permit year and each year 
afterwards, you must submit a report in duplicate to BLM which 
describes your grazing operations during the preceding year.

Changes that can affect your permit

Other uses of the land


Sec. 4300.50  Are there other uses of the land that may affect my 
permit?

    Yes. The lands described in your grazing permit and the subsurface 
can be affected by uses that BLM considers more important than grazing. 
Your permit can be modified or reduced in size or canceled by BLM to 
allow for:
    (a) Protection, development and use of the natural resources, e.g., 
minerals, timber, and water, under applicable laws and regulations;
    (b) Agricultural use;
    (c) Applications for and the acquisition of homesites, easements, 
permits, leases or other rights and uses, or any disposal or 
withdrawal, under the applicable public land laws; or
    (d) Temporary closing of portions of the permitted area to grazing 
whenever, because of improper handling of reindeer, overgrazing, fire 
or other cause, BLM judges this necessary to restore the range to its 
normal condition.


Sec. 4300.51  Will I be notified if another use, disposal or withdrawal 
occurs on the land?

    Yes. If there is a settlement, location, entry, disposal, or 
withdrawal on any lands described in your permit, BLM will notify you 
and will reduce your permit area by the amount of the area involved.


Sec. 4300.52  Can other persons use the land in my permit for mineral 
exploration or production?

    Yes. Unless the land is otherwise withdrawn, the land in your 
permit is subject to lease or leasing under the mineral leasing laws 
and under the Geothermal Steam Act, and it can be prospected, located, 
and purchased under the mining laws and applicable regulations at 43 
CFR Group 3800.

Changes in the size of the permit area


Sec. 4300.53  Can BLM reduce the size of the land in my permit?

    Yes. BLM may reduce it at any time but must notify you at least 30 
days before taking this action. BLM can reduce the area when:
    (a) BLM determines that the area is too large for the number of 
reindeer you are grazing; or
    (b) When disposal, withdrawal, natural causes, such as drought or 
fire, or any other reason in Sec. 4300.50 so requires.


Sec. 4300.54  Can BLM increase the size of the land in my permit?

    Yes. BLM may increase the area on its own initiative or by your 
request if BLM determines that the area is too small for the number of 
reindeer you are grazing. BLM will give you at least 30 days notice of 
this action.


Sec. 4300.55  What if I don't agree with an adjustment of my permit 
area?

    You must contact BLM within the notice period to show cause why the 
area should not be adjusted.

Permit renewals


Sec. 4300.57  How do I apply for a renewal of my permit?

    You must submit an application for renewal between four and eight 
months before the permit expires. In addition, you must include a $10 
filing fee per year.


Sec. 4300.58  Will the renewed permit be exactly the same as the old 
permit?

    At its discretion, BLM may offer you a renewed grazing permit with 
such terms, conditions, and duration that it determines are in the 
public interest.

Assigning your permit to another party


Sec. 4300.59  If I want to assign my permit to another party, when must 
I notify BLM?

    You must file a proposed assignment of your permit, in whole or in 
part, in duplicate with BLM within 90 days of the assignment execution 
date. The assignment is effective when BLM approves it.


Sec. 4300.60  What must be included in my assignment document?

    Assignments must contain:
    (a) All terms and conditions agreed to by the parties;
    (b) A showing under Secs. 4300.11 and 4300.12 that the assignee is 
qualified to hold a permit;
    (c) A showing under Sec. 4300.21(a) regarding a reindeer allotment; 
and
    (d) The assignee's statement agreeing to be bound by the provisions 
of the permit.


Sec. 4300.61  Can I sublease any part of the land in my permit?

    No.

[[Page 56501]]

Closing out your permit


Sec. 4300.70  May I relinquish my permit?

    Yes. You may relinquish the permit by filing advance written notice 
with BLM. Your relinquishment will be effective on the date you 
indicate, as long as it is at least 30 days after the date you file.


Sec. 4300.71  Under what circumstances can BLM cancel my permit?

    (a) BLM may cancel the permit if:
    (1) BLM issued it improperly through error as to a material fact;
    (2) You fail to comply with any of the provisions of the permit or 
the regulations of this part; or
    (3) Disposal, withdrawal, natural causes, such as drought or fire, 
or any other reason in Sec. 4300.50 so requires.
    (b) BLM will not cancel the permit for your default until BLM has 
notified you in writing of the nature of your default, and you have 
been given at least 30 days to show why BLM should not cancel your 
permit.


Sec. 4300.72  May I remove my personal property or improvements when 
the permit expires or terminates?

    (a) Yes. Within 90 days of the expiration or termination of the 
grazing permit, or within any extension period, you may remove all your 
personal property and any removable range improvements you own, such as 
fences, corrals, and buildings.
    (b) Property that is not removed within the time allowed will 
become property of the United States.

Reindeer crossing permits


Sec. 4300.80  How can I get a permit to cross reindeer over public 
lands?

    (a) BLM may issue a crossing permit free of charge when you file an 
application with BLM at least 30 days before the crossing is to begin. 
Lands crossed may include lands under a grazing permit.
    (b) The application must show:
    (1) The number of reindeer to be driven;
    (2) The start date;
    (3) The approximate period of time required for the crossing; and
    (4) The land to be crossed.
    (c) You must comply with applicable State and Federal laws on 
livestock quarantine and sanitation when crossing reindeer on public 
land.

Trespass


Sec. 4300.90  What is a trespass?

    (a) A trespass is any use of Federal land for reindeer grazing 
purposes without a valid permit issued under the regulations of this 
part; a trespass is unlawful and is prohibited.
    (b) Any person who willfully violates the regulations in this part 
shall be deemed guilty of a misdemeanor, and upon conviction is 
punishable by imprisonment for not more than one year, or by a fine of 
not more than $500.
[FR Doc. 96-27581 Filed 10-31-96; 8:45 am]
BILLING CODE 4310-84-P