[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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