[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Rules and Regulations]
[Pages 59834-59835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30036]
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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: Final rule.
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SUMMARY: The Department of the Interior (Department) is adopting
amendments to 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 6-month
period ending August 12, 1997. The final rule will allow the Secretary
to provide additional time for BLM to collaborate with resource
advisory, councils (RACs) and the public to develop State or regional
standards and guidelines. Without this 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.
EFFECTIVE DATE: This rule will take effect December 26, 1996.
FOR FURTHER INFORMATION CONTACT: Tim Salt, (202) 208-4896.
SUPPLEMENTARY INFORMATION:
I. Background
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.
This revision of 43 CFR Sec. 4180.2(f) gives the Secretary
discretion to postpone the implementation of the fallback standards and
guidelines for up to 6 months. The Department is making this change
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.
The discretion to grant up to a 6 month extension will ensure that
BLM State Directors, working with RACs and the public, will have
adequate time to develop appropriate State or regional standards and
guidelines. In adopting, this final rule, the Department considered the
benefits of efficient rangeland administration, effective public
participation, and possible impacts resulting from a minor delay. The
Department has concluded that 6 months is an appropriate maximum period
of extension. 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
increased administrative costs. Second, postponing implementation of
the fallback measures will allow the Department to achieve its
commitment to improving public land management through a collaborative
process that utilizes RAC recommendations, local public input, and
consideration of State or regional public rangelands issues. The
Department has concluded that the final rule will not have a
significant impact on the environment since postponement of the
fallback standards and guidelines would be for a limited period of no
more than 6 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 will
evaluate whether the requested postponement will promote administrative
efficiencies and long-term rangeland health. Factors relevant to this
evaluation will include, among others, when the State or regional
standards and guidelines are scheduled for completion and whether the
delay would promote the efficient administration, use, and protection
of the public rangelands.
The final rule will 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 will produce confusion, uncertainty, and increased
administrative costs. Furthermore, the Secretary will 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. Response to Comments
The Department received five letters in response to the proposed
rule which was published in the Federal Register on August 29, 1996 (61
FR 45385). All five letters supported the proposal to provide the
Secretary discretion to postpone implementation of fallback standards
and guidelines for up to 6 months. One commentor also suggested that if
RACs needed additional time after the Secretary granted a postponement
of 6 months, another postponement should be granted. The final rule
allows the Secretary discretion to postpone implementation of the
fallback standards and guidelines beyond February 12, 1997, but not to
exceed the 6-month period ending August 12, 1997. The Department
believes that 6 months is an appropriate maximum period of extension.
The standards and guidelines are key elements of the new grazing,
regulations. Postponing implementation of fallback standards and
guidelines until August 12, 1996, provides nearly 2 years since the
final rule was published to develop standards and guidelines. To
further delay implementing standards and guidelines and realize the
anticipated improvement in rangeland health would be inconsistent with
the intent of the original regulations.
III. Procedural Matters
National Environmental Policy Act
BLM analyzed the impacts of this final rule in accordance with
section 102(2)(C) of the National Environmental
[[Page 59835]]
Policy Act of 1969 [42 U.S.C. 4332(C)]. BLM has concluded that the
final rule will not have a significant impact on the quality of the
human environment, and therefore, preparation of an Environmental
Impact Statement is not necessary. The characteristics and magnitude of
predicted impacts of the amended regulations are unchanged from those
identified in the Final Rangeland Reform '94 EIS, except that attaining
some management objectives could be delayed slightly in the long term
because of the postponement provided by the final rule. Resources would
continue to be managed under current practices during that period,
including the requirements of 43 CFR 4180.1, Fundamentals of Rangeland
Health. This section requires the BLM to take appropriate action upon
determining that existing grazing management needs to be modified to
ensure conformance with the fundamentals. While the fundamentals are
more general than either the fallback or State and regional standards
and guidelines, they do require management action and will afford some
measure of resource protection and result in improvement in rangeland
conditions.
At the same time, implementing the final rule would provide for
more public involvement in developing State or regional standards and
guidelines. Additionally, 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 increased administrative costs.
Unfunded Mandates Reform Act
Amendment of 43 CFR part 4180.2(f) will not result in any unfunded
mandate to State, local, or tribal governments in the aggregate, or to
private sector, of $100 million or more in any one year.
Executive Order 12630
BLM has analyzed the takings implications and concluded that this
final rule does not present a risk of a taking of constitutionally
protected private property rights.
Executive Order 12866
BLM has determined that this final 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 final 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.].
Paperwork Reduction Act
This final rule does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Executive Order 12988
The Department 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 final rule is Tim Salt, Bureau of Land
Management, 1849 C Street, NW., Washington, DC 20240.
List of Subjects for 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 amended as set forth below:
Dated: November 18, 1996.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
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:
* * * * *
(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 (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 6-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.
* * * * *
[FR Doc. 96-30036 Filed 11-22-96; 8:45 am]
BILLING CODE 4310-84-P