[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Proposed Rules]
[Pages 13608-13610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7328]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 4200

[WO-130-1820-00-24 1A]
RIN 1004-AC70


Grazing Administration: Alaska; Livestock

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove the 
regulations which implement the livestock grazing program on BLM lands 
in Alaska because they are obsolete. There are currently no livestock 
grazing operations under BLM's program, and we do not anticipate 
receiving any more applications. Due to Native and State of Alaska land 
selections, the amount of BLM lands suitable for livestock grazing has 
decreased dramatically. If applicants wish to apply to graze livestock 
other than reindeer, BLM may still issue special use permits.

DATES: BLM must receive your comments at the address below on or before 
May 19, 1998. BLM will not necessarily consider any comments received 
after the above date during its decision on the proposed rule.

ADDRESSES: If you wish to comment, you may submit your comments by any 
one of several methods. You may mail comments to Bureau of Land 
Management, Administrative Record, Room 401 LS, 1849 C Street, NW, 
Washington, D.C. 20240. You may also comment via the Internet to 
WOC[email protected]. Please submit comments as an ASCII file avoiding 
the use of special characters and any form of encryption. Please also 
include ``attn: AC70'' and your name and return address in your 
Internet message. If you do not receive a confirmation from the system 
that we have received your Internet message, contact us directly at 
(202) 452-5030. Finally, you may hand-deliver comments to BLM at 1620 L 
Street, N.W., Room 401, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Peggy Fox, Alaska State Office, Bureau 
of Land Management, U.S. Department of the Interior, 222 West 7th 
Avenue, #13, Anchorage, Alaska 99513-7599; Telephone: 907-271-3346 
(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

    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, comments should 
reference the specific section or paragraph of the proposal which the 
commenter is addressing. BLM may not necessarily consider or include in 
the

[[Page 13609]]

Administrative Record for the final rule comments which BLM receives 
after the close of the comment period (see DATES) or comments delivered 
to an address other than those listed above (see ADDRESSES).
    Comments, including names and street addresses of respondents, will 
be available for public review at this address during regular business 
hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except holidays. 
Individual respondents may request confidentiality, which BLM will 
consider on a case-by-case basis. If you wish to request that BLM 
consider withholding your name or street address from public review or 
from disclosure under the Freedom of Information Act, you must state 
this prominently at the beginning of your comment. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public inspection in their 
entirety.

II. Background

    The current part 4200 regulations were written in order to carry 
into effect the provisions of the Act of March 4, 1927 (the Alaska 
Livestock Grazing Act, or the Act). The Alaska Livestock Grazing Act 
declared that it is Congressional policy to:
     Promote the conservation of the natural resources of 
Alaska;
     Provide for the protection and development of forage 
plants; and
     Provide for the beneficial use of the land for grazing by 
livestock.
    The Act authorized the Secretary of the Interior to lease the 
grazing privileges on the grazing districts established to qualified 
applicants. The Act states that the use of Federal lands in Alaska for 
grazing must be subordinated to the following uses:
     Development of the mineral resources;
     Protection, development and use of forests;
     Protection, development, and use of water resources;
     Agriculture; and
     Protection, development and use of other resources that 
may be of greater benefit to the public.
    There are currently no lease holders under BLM's livestock grazing 
program in Alaska, and BLM does not anticipate receiving more 
applications. Due to Native and State of Alaska land selections, the 
amount of BLM lands suitable for livestock grazing has decreased 
dramatically. The regulations at part 4200 are therefore unnecessary. 
Any new applicants who wish to graze livestock may apply to BLM, and 
BLM could issue special use permits. The part 4200 regulations are 
specific to Alaska. Their removal would have no effect on any grazing 
regulations elsewhere in the United States.

III. Discussion of Proposed Rule

    The proposed rule would remove the current regulations, but BLM's 
authorization to issue grazing leases would remain. If, for some 
reason, new applicants wanted to apply for a lease, the Act still 
authorizes BLM to issue leases at its discretion. Even more unlikely, 
if BLM were to acquire more land and needed regulations to administer 
the program, it could promulgate new regulations.
    The proposed rule would remove the present regulations at part 
4200, and replace them with the following:
    The Bureau of Land Management (BLM) is authorized under the Alaska 
Livestock Grazing Act (The Act of March 4, 1927, 43 U.S.C. 316, 316a-
316o) to lease the grazing privileges on the grazing districts 
established in Alaska to qualified applicants. BLM previously had 
regulations governing this program [See Code of Federal Regulations 
(CFR) for 43 CFR Part 4200, revised as of October 1, 1996]. Due to a 
lack of interest in the program, BLM removed these regulations. For 
applicants wishing to apply for permits to graze livestock other than 
reindeer, BLM may issue special use permits.

IV. Procedural Matters

National Environmental Policy Act

    BLM has determined that the action of removing the Alaska livestock 
grazing regulations will have no measurable effect on the human 
environment. As explained above, there are currently no lease holders 
under BLM's livestock grazing program. BLM considers the proposed rule 
an administrative action to remove unnecessary regulations for a 
program that is no longer used. Therefore, it 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. In addition, 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 exclusions'' means a category of 
actions which 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.

Paperwork Reduction Act

    This rule contains no information collection requirements that the 
Office of Management and Budget must approve under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    Congress enacted The Regulatory Flexibility Act of 1980, 5 U.S.C. 
601 et seq., 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. Based on the discussion contained in this 
preamble above, the rule will not affect the public, because there are 
no lease holders at present. Any new applicants would have an 
opportunity to graze livestock under BLM-issued special use permits. 
Therefore, BLM has determined under the RFA that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.

Unfunded Mandates Reform Act

    Removal of 43 CFR part 4200 will not result in any unfunded mandate 
to State, local, or tribal governments in the aggregate, or to the 
private sector, of $100 million or more in any one year.

Executive Order 12612

    The proposed rule will 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, in accordance with Executive 
Order 12612, 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 capable of 
interfering with constitutionally protected property rights. The rule 
would not cause a taking of private property or require further 
discussion of

[[Page 13610]]

takings implications under this Executive Order.

Executive Order 12866

    According to the criteria listed in section 3(f) of Executive Order 
12866, BLM has determined that the proposed rule is not a significant 
regulatory action. As such, the proposed rule is not subject to Office 
of Management and Budget review under section 6(a)(3) of the 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 Frank Burno, Bureau of Land 
Management, Regulatory Affairs Group, Room 401LS, 1849 C. Street, N.W., 
Washington, D.C. 20240; Telephone: 202-452-0352 (Commercial or FTS).

List of Subjects in 43 CFR Part 4200

    Administrative practice and procedure, Alaska, Grazing lands, 
Livestock, Range management.

    Dated: February 18, 1998.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons set forth above, and under the authority of 43 
U.S.C. 316n, BLM proposes to revise part 4200, Group 4200, Subchapter 
D, Chapter II of Title 43 of the Code of Federal Regulations to read as 
follows:

PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK

    Authority: 43 U.S.C. 316, 316a-316o; 43 U.S.C. 1701 et seq.

    Sec. 4200.1  The Bureau of Land Management (BLM) is authorized 
under the Alaska Livestock Grazing Act (The Act of March 4, 1927, 43 
U.S.C. 316, 316a-316o) to lease the grazing privileges on the grazing 
districts established in Alaska to qualified applicants. BLM previously 
had regulations governing this program [See Code of Federal Regulations 
(CFR), 43 CFR Parts 1000 to End, revised as of October 1, 1997]. Due to 
a lack of interest in the program, BLM removed these regulations. For 
applicants wishing to apply for permits to graze livestock other than 
reindeer, BLM may issue special use permits.

[FR Doc. 98-7328 Filed 3-19-98; 8:45 am]
BILLING CODE 4310-84-P