[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Notices]
[Page 14698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7753]


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DEPARTMENT OF THE INTERIOR
[MT-923-07-1020-04-WEED]


Notice of Proposed Supplementary Rules To Require the Use of 
Certified Noxious Weed Seed Free Forage or Pelletized Feed on U.S. 
Forest Service and Bureau of Land Management-administered Lands in 
Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Montana State Director of the Bureau of Land Management 
(BLM) is proposing a requirement that BLM visitors in Montana use 
certified noxious weed seed free hay, grain, straw, mulch, cubes and 
pelletized feed when visiting BLM-administered lands in Montana. This 
requirement will affect visitors who use hay, grain, cubes, straw or 
pelletized feed on the BLM-administered lands in Montana such as: 
recreationists using pack and saddle stock, ranchers with grazing 
permits, outfitters, and contractors who use straw or other mulch for 
reseeding or erosion control purposes. These individuals or groups 
would be required to purchase certified noxious weed seed free forage 
products, for use while on BLM-administered lands in Montana.

DATES: The comment period ends on April 28, 1997.

ADDRESSES: Send written comments to: Director (923), USDI Bureau of 
Land Management, 222 North 32nd Street, P.O. Box 36800, Billings, 
Montana 59107-6800.

FOR FURTHER INFORMATION CONTACT: Noxious weeds are a serious problem in 
the western United States. 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 forage for domestic and wild ungulates 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, Montana has developed a state forage inspection-certification-
identification process; participates in a regional inspection-
certification-identification process; and encourages forage producers 
to grow noxious weed seed free products.
    In cooperation with the State of Montana, and the Forest Service as 
published elsewhere in this issue of the Federal Register, the BLM is 
proposing--for all BLM-administered lands within Montana--a ban on hay, 
straw, mulch, cubes or pellets that have not been certified. This 
proposal includes a public information plan to ensure that: (1) this 
ban (a.d.a. closure order) is well publicized and understood; and (2) 
BLM visitors will know where they can purchase state-certified hay or 
other products.
    These supplementary rules will not appear in the Code of Federal 
Regulations.
    The principal author of these proposed supplementary rules is Hank 
McNeel, Weed Management Specialist, BLM Montana State Office.
    For the reasons stated above, under the authority of 43 CFR 8365.1-
6, the BLM Montana State Office, proposes supplementary rules to read 
as follows: Supplementary Rules to Require the Use of Certified Noxious 
Weed Seed Free Forage on BLM-Administered Lands in Montana:
    (a)(1) To prevent the spread of weeds on BLM-administered lands in 
Montana, effective May 20, 1997, all BLM lands within the State of 
Montana, 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 
noxious weed seed.
    (2) Certification must be by an authorized State Department of 
Agriculture official or designated county official.
    (3) The following persons are exempt from this order: anyone with a 
permit signed by BLM's authorized officer at the BLM Resource Area 
Office specifically authorizing the prohibited act or omission within 
that area.
    (b) Any person who knowingly and willfully violates the provisions 
of these supplemental rules regarding the use of noncertified noxious 
weed seed free hay, straw, mulch, cubes or pellets when visiting BLM-
administered lands in Montana 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 U.S.C. 1733(a).

    Dated: March 14, 1997.
Thomas P. Lonnie,
Deputy State Director, Division of Resources.
[FR Doc. 97-7753 Filed 3-26-97; 8:45 am]
BILLING CODE 4310-DN-M