[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51853-51855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25974]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 4200

[WO-130-1820-00-241A]
RIN 1004-AC70


Grazing Administration; Alaska; Livestock

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Land Management (BLM) is removing the grazing 
regulations which implement the livestock grazing program on BLM lands 
in Alaska because they are obsolete. This action is necessary because 
there are currently no livestock grazing operations under BLM's 
program. We do not anticipate receiving any more applications. The 
effect of this action is to eliminate the obsolete regulations covering 
livestock grazing on BLM lands in Alaska. The amount of BLM lands 
suitable for livestock grazing has decreased dramatically.

DATES: This rule is effective October 29, 1998.

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. Background
II. Discussion of the Final Rule and Response to Comments
III. Procedural Matters

I. Background

    The current part 4200 regulations were written in order to carry 
out the provisions of the Act of March 4, 1927, commonly known as the 
Alaska Livestock Grazing Act (43 U.S.C. 316, 316a-316o) (Act). The 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 authorizes the Secretary of the Interior to lease to 
qualified applicants grazing privileges on the grazing districts 
established in Alaska. The Act states that the use of public lands in 
Alaska for grazing must be subordinated to the following uses:
     Development of the mineral resources;

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     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 grazing permit holders under BLM's livestock 
grazing program in Alaska. BLM does not anticipate receiving any more 
applications. The amount of BLM lands suitable for livestock grazing 
has decreased dramatically because of Native and State of Alaska land 
selections. The regulations at part 4200 are therefore unnecessary. The 
part 4200 regulations are specific to Alaska and removing them would 
have no effect on any other grazing regulations elsewhere in the United 
States.
    On March 20, 1998, (63 FR 13608) BLM published a proposed rule in 
the Federal Register to remove the grazing regulations which implement 
the livestock grazing program on BLM lands in Alaska because they are 
obsolete. The 60-day comment period closed on May 19, 1998. BLM did not 
receive any public comments. However, BLM did receive one internal 
technical comment which we considered in finalizing the rule.

II. Discussion of Final Rule and Response To Comments

A. Legal Basis for the Final Rule

    This action is necessary because there are currently no livestock 
grazing permit holders under the part 4200 regulations. We do not 
anticipate receiving any more applications. However, if there is a need 
in the future for a livestock grazing permit, BLM still has the 
authority to issue a livestock grazing permit. We will issue the 
livestock grazing permit in accordance with the provisions of the 
statute (Alaska Livestock Grazing Act, 43 U.S.C. 316, 316a-316o). The 
effect of this action is to eliminate the obsolete regulations covering 
livestock grazing on BLM lands in Alaska (43 U.S.C. 1701 et seq.).

B. General and Specific Comments

    BLM did not receive any public comments to be considered or 
included in the preparation of this final rule. We have modified the 
proposed rule to eliminate any reference to how the BLM would respond 
to future livestock grazing permit applications. Specifically, BLM has 
revised the proposed rule to delete the following language: ``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.''.
    Accordingly, BLM is removing the part 4200 regulations and 
replacing them with a statement that BLM continues to have the 
authority to issue a livestock grazing permit if needed.

III. Procedural Matters

Executive Order 12866

    This final rule is not a significant rule and was not subject to 
review by the Office of Management and Budget under Executive Order 
12866. This final rule will not have an effect of $100 million or more 
on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities. 
The final rule merely removes the obsolete regulations covering 
livestock grazing on BLM lands in Alaska. This final rule will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. This final rule does not alter the 
budgetary effects or entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients. This final rule 
merely fulfills the requirements of the Act, and does not raise novel 
legal or policy issues.

Regulatory Flexibility Act

    The Department certifies that this final rule will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final 
rule will not have a significant economic impact on a number of small 
entities because there are no livestock grazing permit holders at 
present.

Small Business Regulatory Enforcement Fairness Act

    The Department has determined that this final rule is not a major 
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. This final rule is not a major rule because removal of 43 
CFR part 4200 will not result in or affect the $100 million statutory 
threshold.

Unfunded Mandates Reform Act

    This final rule to remove 43 CFR part 4200 does not impose an 
unfunded mandate on State, local, or tribal governments, or the private 
sectors of more than $100 million per year. This final rule does not 
have a significant or unique effect on State, local, or tribal 
governments, or the private sector. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required. The final rule merely removes obsolete 
regulations covering livestock grazing on BLM lands in Alaska.

Executive Order 12630

    In accordance with Executive Order 12630, this final rule does not 
have significant takings implications. A takings implications 
assessment is not required. Since the final rule merely removes 
obsolete regulations, there will be no private property rights impaired 
as a result.

Executive Order 12612

    In accordance with Executive Order 12612, the final rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This final rule does not impose any obligations 
on any other Government nor preempt any regulatory authority of any 
State.

Executive Order 12988

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this final rule does not unduly burden 
the judicial system and meets the requirements of sections 3(a) and 
3(b)(2) of the Order.

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
the Office of Management and Budget must approve under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

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. There are currently no grazing permit holders under BLM's 
livestock grazing program. BLM considers this final 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, this final 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 FR 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

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significant effect on the human environment and that has 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.
    Author. The principal author of this final rule is Shirlean Beshir, 
Regulatory Affairs Group, Room 401LS, Bureau of Land Management, 1849 C 
Street, NW, Washington, D.C. 20240; Telephone: (202) 452-5033 
(Commercial or FTS).

List of Subjects in 43 CFR Part 4200

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

    Dated: September 18, 1998.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
    Accordingly, BLM under the authority of 43 U.S.C. 316n revises 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  Authority for grazing privileges.

    The BLM is authorized under the Alaska Livestock Grazing Act (Act 
of March 4, 1927, 43 U.S.C. 316, 316a-316o) to lease to qualified 
applicants the grazing privileges on the grazing districts established 
in Alaska.
[FR Doc. 98-25974 Filed 9-28-98; 8:45 am]
BILLING CODE 4310-84-P