[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Page 32518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15361]



[[Page 32518]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[MT-963-1020-04-WEED]


Notice of Proposed Supplementary Rules To Require the Use of 
Certified Noxious Weed-Free Forage on Bureau of Land Management-
Administered Lands in North Dakota

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules to require the use of 
certified noxious weed-free forage on Bureau of Land Management-
administered lands in North Dakota.

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SUMMARY: The Field Manager of the Bureau of Land Management (BLM) in 
North Dakota is proposing a requirement that public land users, 
including permittees, and local, state, or federal government agents 
conducting administrative activities, use certified noxious weed-free 
hay, straw, cubes, grains, or mulch when visiting BLM administered 
lands in North Dakota. This requirement will affect those who use the 
above-named products on BLM administered lands in North Dakota such as: 
recreationists using pack and saddle stock, and contractors who use 
straw or other mulch for reseeding purposes. These individuals or 
groups would be required to use certified noxious weed-free forage 
products, or other approved products such as pelletized feed while on 
BLM administered lands in North Dakota.

DATES: Comments concerning the proposal should be received on or before 
July 19, 1999.

ADDRESSES: Send written comments concerning the North Dakota 
requirement to: Field Manager, BLM, 2933 3rd Ave. W., Dickinson, ND 
58601-2619.

FOR FURTHER INFORMATION CONTACT: BLM--North Dakota Field Office, Don 
Rufledt, Natural Resource Specialist, 2933 3rd Ave. W., Dickinson, ND 
58601-2619, or telephone (701) 225-9148.

SUPPLEMENTARY INFORMATION: Noxious weeds are a serious problem in the 
western United States. Estimates of the rapid spread of weeds in the 
west include 2,300 acres per day on BLM public lands and 4,600 acres 
per day on all federally-administered land. Species such as leafy 
spurge, Canada thistle, spotted knapweed, musk thistle, purple 
loosestrife, and many others are alien to the United States and, at 
least initially, have no natural enemies to keep their populations in 
balance. Consequently, these weeds invade healthy ecosystems, displace 
native vegetation, reduce species diversity, and damage wildlife 
habitat. Widespread infestations can lead to soil erosion and stream 
sedimentation. Furthermore, noxious weed invasions reduce livestock and 
wildlife grazing capacity, occasionally affect the health of public 
land users by aggravating allergies and other ailments, and threaten 
federally protected or native 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. Because hay and other forage 
products containing noxious weed seeds are part of the infestation 
problem, North Dakota has developed a program to certify weed-free 
forage. The state encourages forage producers to grow noxious weed-free 
products and have them certified.
    Region One of the United States Forest Service, Department of 
Agriculture, implemented a similar policy for the National Grasslands 
in North Dakota in 1998. This proposal will provide a standard 
regulation for all users of BLM lands in North Dakota and will provide 
for coordinated management with National Forest Grasslands across 
jurisdictional lines.
    In cooperation with the state of North Dakota and the U.S. Forest 
Service, the BLM is proposing--for all BLM administered lands within 
North Dakota--a ban on hay, straw, cubes, grains, or mulch that has not 
been certified. This proposal will ensure that: (1) this ban is well 
publicized and understood. The BLM would stress education and awareness 
in 1999 and 2000 and move to implement enforcement in 2001; and (2) BLM 
visitors and land users will know where they can purchase state-
certified hay or other products.
    The principal author of these proposed supplementary rules is Don 
Rufledt, Natural Resource Specialist, of the North Dakota Field Office, 
BLM.
    For the reasons stated above, under the authority of 43 CFR 8365.1-
6, the North Dakota Field Office, BLM, proposes supplementary rules to 
read as follow:
    Supplementary Rules to Require the Use of Certified Noxious Weed-
Free Forage on Bureau of Land Management-Administered Lands in North 
Dakota:
    (1) To help prevent the spread of weeds on BLM-administered lands 
in North Dakota, effective September 1, 1999, all such lands shall be 
closed to possessing, transporting or storing hay, straw, cubes, 
grains, or mulch that has not been certified as free of noxious weed 
seed. Pelletized feed does not require certification.
    (2) Certification will comply with North Dakota's Pilot Weed Free 
Forage Program. North Dakota's pilot program will certify forage as 
free of only those noxious weeds listed in North Dakota. Forage from 
other states should be free of all regionally listed noxious weeds.
    (3) The following persons are exempt from this order: (a) anyone 
with a permit signed by BLM's authorized officer at the North Dakota 
Field Office specifically authorizing the prohibited act or omission on 
BLM-administered public lands within the state; (b) persons 
transporting forage products on federal and state highways and county 
roads that are not BLM-development roads or trails.
    (4) Any person who knowingly and willfully violates the provisions 
of these supplemental rules may be commanded to appear before a 
designated United States Magistrate and may be subject to a fine of not 
more than $1,000 or imprisonment of not more than 12 months, or both, 
as defined in 43 United States Code Sec. 1733(a).

    Dated: June 4, 1999.
Douglas J. Burger,
Field Manager, Bureau of Land Management, North Dakota.
[FR Doc. 99-15361 Filed 6-16-99; 8:45 am]
BILLING CODE 4310-DN-P