[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Notices]
[Pages 52518-52519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24875]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-963-1020-04-WEED]


Certified Noxious Weed-Free Forage, ND

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notice of final supplementary rules to require the use of 
certified noxious weed-free forage on BLM-administered lands in North 
Dakota.

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SUMMARY: The North Dakota Field Office of the BLM recently prepared an 
environmental assessment (EA) documenting the analysis of two 
alternatives for managing noxious weeds on public lands in North 
Dakota. The EA's proposed action consisted of a supplementary rule 
under 43 CFR 8365.1-6 to require the use of certified noxious weed-free 
forage on those public lands. Forage subject to this supplementary rule 
would include hay, straw, cubes, grains, and mulch. The Field Manager 
of the BLM's North Dakota Field Office has issued a decision record 
stating the EA's proposed action will not have any significant impact 
on the human environment and that an environmental impact statement is 
not required. Therefore, the Field Manager is requiring that public 
land users, including local, State, or Federal government agents 
conducting administrative activities, recreationists using pack and 
saddle stock, and contractors using straw or other mulch for reseeding 
purposes, use certified noxious weed-free forage products, or other 
approved products such as pelletized feed, while on the approximately 
60,000 acres of BLM administered public lands in North Dakota. Copies 
of the EA, Finding of No Significant Impact, and Decision Record are 
available at the BLM North Dakota Field Office in Dickinson, ND.
    There were no comments on the Notice of Proposed Supplementary 
Rules To Require the Use of Certified Noxious Weed-Free Forage on BLM 
Administered Lands in North Dakota, placed in the Federal Register 
dated June 17, 1999.

EFFECTIVE DATE: The Final Supplementary Rules will be effective October 
29, 1999 and will remain in effect until modified or rescinded by the 
Authorized Officer.

FOR FURTHER INFORMATION CONTACT: BLM--North Dakota Field Office, Don 
Rufledt, Natural Resource Specialist, 2933 3rd Ave. W., Dickinson, ND

[[Page 52519]]

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 administered lands and 4,600 
acres per day on all western public lands. Species such as leafy 
spurge, Canada thistle, spotted knapweed, Russian knapweed, musk 
thistle, 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 
supplementary regulation for all users of BLM-administered public lands 
in North Dakota and will provide for coordinated and consistent 
management with the National Forest Grasslands.
    In cooperation with the State of North Dakota and the U.S. Forest 
Service, the BLM is implementing, 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 will 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 and other forage products.
    The principal author of these 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 Manager, BLM, issues final supplementary 
rules to read: 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 public 
lands in North Dakota, effective October 29, 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-developed roads or trails.
    (4) Any person who knowingly and willfully violates the provisions 
of these supplementary 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 Section 1733(a).

    Dated: September 15, 1999.
Douglas J. Burger,
Field Manager, Bureau of Land Management, North Dakota.
[FR Doc. 99-24875 Filed 9-28-99; 8:45 am]
BILLING CODE 4310-DN-P