[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Notices]
[Page 50923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25393]


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DEPARTMENT OF INTERIOR

Bureau of Land Management
[UT-930-08-1020-04-WEED]


Use of Certified Noxious Weed-Free Hay, Straw or Mulch; Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rule to require the use of 
certified noxious weed-free hay, straw or mulch on Bureau of Land 
Management (BLM) administered lands in Utah to help prevent the spread 
of noxious weeds.

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SUMMARY: Beginning 30 days from the date of publication of this rule in 
the Federal Register, the Utah State Director of the Bureau of Land 
Management will require all visitors, licensees, and permittees to use 
certified noxious weed-free hay, straw, or mulch. This requirement will 
affect all public land users who use hay, straw or mulch on BLM 
administered lands in Utah. These individuals or groups will be 
required to use certified noxious weed-free forage products, or use 
other approved products, such as processed grains and pellets, while on 
BLM-administered lands in Utah.

SUPPLEMENTARY INFORMATION: BLM in Utah published a Notice of Proposed 
Supplementary Rule on February 9, 1998, in the Federal Register. That 
notice listed a thirty-day comment period. Eight people commented on 
the proposal. Seven of those comments were from people who supported 
the proposal and one generally opposed the rule.
    Noxious weeds are a serious problem in the western United States 
and are rapidly spreading at an estimated rate of 14 percent per year. 
Species like Leafy Spurge, Squarrose 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 noxious 
weed populations in balance. Consequently, these undesirable weeds 
invade healthy ecosystems, displace native vegetation, reduce species 
diversity, and destroy wildlife habitats. Widespread infestations lead 
to soil erosion and stream sedimentation. Furthermore, noxious weed 
invasion impact 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 help curb the spread of noxious weeds, a number of western 
states have developed noxious weed-free forage certification standards 
and have passed weed management laws. Utah's BLM Resource Advisory 
Council (RAC) developed a guideline requiring certified weed-free 
forage to be used on BLM lands. This guideline was approved by both the 
Utah BLM State Director and the Secretary of the Interior in May, 1997. 
The use of salt, protein, and other supplements are not considered in 
this rule. Utah State Department of Agriculture has developed a crop 
field inspection and certification process. Participants may have their 
hay fields inspected and certified as being noxious weed free. The 
producers can obtain bale Identification tags from the Utah Department 
of Agriculture, which verifies that the product is certified. Utah 
Department of agriculture also maintains a list of growers who produce 
certified products. Region four, of the United States Forest Service, 
has implemented a similar policy for National Forest lands in Utah. 
This rule will provide a standard for all users of BLM lands in Utah, 
and will provide for coordinated management with National Forest lands 
across jurisdictional lines.

RESPONSE TO COMMENTS: Eight people commented on the proposed rule. Most 
comments (6) were positive toward the program. One comment suggested 
that the program should be implemented over two years, while another 
said implement it immediately. One comment asked if the equestrian 
public was going to be part of the education process. The education and 
information plan is to include all special interest groups that use the 
public lands, regardless of the fact that they do not use or take 
forage products with them. Two comments were about their own private 
lands where weeds have increased and control is costing them large sums 
of money each year. One comment was opposed to the weed free 
requirement because it was targeted at the livestock interests only. 
This rule will apply to recreationists, horse back riders, hunting 
camps, livestock, erosion control projects, etc., or anyone who has a 
need to take hay, straw or mulch products onto BLM administered lands. 
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-
6, the Utah State Office, BLM, has finalizes 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 help prevent the spread of weeds on BLM-administered 
lands in Utah. Effective 30 calender days following publication of this 
rule, all BLM lands within the state of Utah will be closed to those 
possessing, using or storing hay, straw, or mulch that has not been 
certified as free of prohibited noxious weed vegetative parts and/or 
seeds, at all times of the year.
    (2) Certification will comply with the Utah Department of 
Agriculture and with Regional Weed-Free Forage Certification Standards, 
jointly developed by the States of Utah, Idaho, Montana, Nebraska, 
Colorado, and Wyoming.
    (3) The following persons are exempt from this order: anyone with a 
permit signed by BLM's authorized officer at the Field Office level, 
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 non-certified noxious 
weed-free hay, straw or mulch when visiting Bureau of Land Management-
administered lands in Utah, without required authorization, 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).

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).

    Dated: September 15, 1998.
G. William Lamb,
Utah State Director.
[FR Doc. 98-25393 Filed 9-22-98; 8:45 am]
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