[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6579-6580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3165]


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DEPARTMENT OF INTERIOR

Bureau of Land Management
[UT-930-08-1020-00]


Notice of Proposed Supplementary Rule

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rule to require the use of 
certified noxious weed-free forage on Bureau of Land Management (BLM)-
administered lands; in Utah. Prevention of the spread of noxious weeds 
on BLM-administered lands in Utah.

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SUMMARY: The State Director of the Bureau of Land Management (BLM) in 
Utah is proposing a requirement that all visitors and permittees using 
BLM lands in Utah use certified noxious weed-free hay, straw, or mulch 
when visiting the public lands. This requirement will affect visitors 
who use hay, straw or mulch on the BLM-administered lands in Utah such 
as: recreationists using pack and saddle stock, ranchers with grazing 
permits, outfitters, guides, and permittees, lessees or contractors who 
use straw or other mulch for reseeding purposes. These individuals or 
groups would be 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 Utah.

DATES: Comments concerning the proposal should be received on or before 
March 11, 1998.

ADDRESSES: Send written comments concerning the Utah requirement to: 
State Director (930), USDI, Bureau of Land Management, P.O. Box 45155, 
Salt Lake City, UT 84145-0155. Electronic mail comments will also be 
received via: inet:[email protected].

FOR FURTHER INFORMATION CONTACT: Larry Maxfield, Rangeland Management 
Specialist, Biological Resources, Division of Natural Resources, Bureau 
of Land Management, Utah State Office, P.O. Box 45155, Salt Lake City, 
UT 84145-0155, or phone (801-539-4059).

SUPPLEMENTARY INFORMATION: Noxious weeds are a serious problem in the 
western United States. Estimates of the rapid spread of weeds in the 
west

[[Page 6580]]

include 2,300 acres per day on BLM-administered lands and 4,500 acres 
per day on all western public lands. Species like Leafy Spurge, 
Squarrose Knapweed, 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 
revegetation 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. Utah BLM's Resource Advisory 
Council developed guidelines requiring only hay cubes, hay pellets made 
from weed free hay, or certified weed-free hay to be fed on BLM lands. 
This guideline was approved by both the Utah BLM State Director and the 
Secretary of the Interior in May, 1997. Because hay and other forage 
products containing noxious weed seed are part of the infestation 
problem, Utah has developed a state hay inspection-certification-
identification process, participates in a regional inspection-
certification-identification process and encourages forage producers in 
Utah to grow noxious weed-free products.
    The Intermountain and Rocky Mountain Regions of the United States 
Forest Service, Department of Agriculture, have implemented similar 
policies for National Forest lands 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 Utah and will provide for coordinated management 
with National Forest lands across jurisdictional lines.
    In cooperation with the State of Utah and the U.S. Forest Service, 
Utah BLM is proposing a ban on hay, straw or mulch that has not been 
certified weed free. 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.
    The supplementary rules will not appear in the Code of Federal 
Regulations.
    For the reasons stated above, under the authority of 43 CFR 8365.1-
5, the Utah State Office, BLM, proposes 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 Utah

    (a)(1) To prevent the spread of weeds on BLM-administered lands in 
Utah, effective March 6, 1998, all BLM lands within the State of Utah, 
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 ``Forage Certification 
program for noxious weed seed-free forage and noxious weed-free 
forage'', jointly developed by the States of Utah, Idaho, Montana, 
Colorado, Wyoming, New Mexico, Arizona, and Nevada. A brochure called Q 
& A about the Regional Forage Certification Program for Noxious Weed 
Seed-Free Forage and Noxious Weed-Free Forage is available.
    (3) The following persons are exempt from this order: anyone with 
an unexpired permit signed by BLM's authorized officer at the Field 
Office specifically authorizing the prohibited act or omission within 
that Field Office 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 Utah, without authorization required, may be 
commanded to appear before a designated United States Magistrate and 
may be subject to a fine of no more than $1,000 or imprisonment of not 
more than 12 months, or both, as defined in 43 United States Code 
1733(a).

    Dated: January 30, 1998.
G. William Lamb,
Utah State Director.
[FR Doc. 98-3165 Filed 2-6-98; 8:45 am]
BILLING CODE 4310-08-P