[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Notices]
[Pages 54544-54545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23023]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1020-PH-WEED]


Use of Weed-Free Forage on Public Lands in Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed action.

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SUMMARY: The State Director of the Bureau of Land Management (BLM) in 
Nevada is proposing a requirement that all BLM visitors, permittees, 
and operators in Nevada use certified noxious weed seed-free hay, 
straw, or mulch when visiting, or conducting authorized activities on 
BLM-administered lands in Nevada. This requirement will affect visitors 
who use hay, straw, or mulch on the BLM-administered lands in Nevada 
such as: recreationists using pack and saddle stock, ranchers with 
grazing permits, outfitters, and contractors and operators who use 
straw or other mulch for re-seeding or reclamation purposes. These 
individuals or groups would be required to use certified noxious weed 
seed-free forage and mulch products, or use other approved products 
such as processed grains and pellets while on BLM-administered lands in 
Nevada.

DATES: Comments concerning the proposal should be received on or before 
October 10, 2000.

ADDRESSES: Send written comments concerning the Nevada requirement to: 
Deputy State Director (930), USDI, Bureau of Land Management, 1340 
Financial Blvd, P.O. Box 12000, Reno, Nevada 89520-0006. Comments, 
including names and street addresses of respondents, will be available 
for public review at the above address during regular business hours 
(7:45 a.m. to 4:15 p.m.), Monday through Friday, except holidays, and 
may be published as part of any NEPA documentation associated with this 
proposed rulemaking. Individual respondents may request 
confidentiality. If you wish to withhold 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 written 
comment. Such requests will be honored to the extent allowed by law. 
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.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Nevada 
State Office, Brian C. Amme, Environmental Protection Specialist, 
Division of Natural Resources, Lands, and Planning, at the above 
address, or telephone (775) 861-6645.

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 like perennial 
pepperweed (tall whitetop), purple loosestrife, yellow starthistle, 
hoary cress (short whitetop), leafy spurge, spotted knapweed, russian 
knapweed, diffuse knapweed, squarerose knapweed, scotch thistle, 
dalmatian toadflax, rush skeletonweed, and many others are non-native 
to Nevada and the United States and have no natural enemies to keep 
their populations in balance. Consequently, these undesirable weeds 
rapidly invade healthy ecosystems, displace native vegetation, reduce 
species diversity, destroy wildlife habitat, and degrade designated 
wilderness, wilderness study areas, and other special areas including 
areas of critical environmental concern (ACECs) and National 
Conservation Areas (NCAs). Widespread infestations lead to soil erosion 
and stream sedimentation. Furthermore, noxious weed invasions weaken 
rehabilitation and landscape restoration 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 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, straw, mulch, and 
other forage products containing noxious weed seed contribute to the 
spread and establishment infestations, the State of Nevada has recently 
implemented, a state hay inspection-certification program, participates 
in a regional inspection-certification-identification process, and 
encourages, on a voluntary basis, forage producers in Nevada to grow 
noxious weed-free products. The Nevada Division of Agriculture has 
documented that growers in Nevada produced 250 acres of certified 
Timothy hay as of October 30, 1999. The State of Nevada encourages 
growers to request voluntary certification inspections of all forage 
products including grass hay, alfalfa hay, a mixture of grass and 
alfalfa hay, as well as barley and wheat straw.
    Region Four of the United States Forest Service, Department of 
Agriculture, implemented a similar policy for National Forest lands 
outside of the State of Nevada in 1994, and Forest Units within the 
State of Nevada on January 1, 2000. The BLM in Nevada encourages all 
BLM Field Offices to attach a standard stipulation on all Special 
Recreation Permits and other use authorizations, requiring holders of 
those permits and authorizations to use certified weed seed-free 
products. This proposal will provide a standard regulation for all 
users of BLM public lands in Nevada and will provide for coordinated 
management with National Forest lands across jurisdictional lines.
    In cooperation with the State of Nevada and other federal agencies, 
the BLM is proposing--for all BLM-administered lands within Nevada--a 
ban on hay, straw or mulch that has not been certified as weed seed-
free. This proposal includes a public information plan to ensure that: 
(1) This ban is well publicized and understood; and (2) BLM visitors 
and land users will know where they can purchase state-certified hay or 
other products. Similar to other agency closure orders, a grace period 
will be in

[[Page 54545]]

effect prior to the implementation date of this proposed supplementary 
rule. This proposal is in conformance with all Land Use Plans within 
Nevada and consistent with BLM policy on establishing weed-free hay, 
straw and mulch programs as identified in Washington Office Instruction 
Memorandum 99-076 (2/25/99).
    This supplementary rule will not appear in the Code of Federal 
Regulations.
    The principal author of the proposed supplementary rule is Brian C. 
Amme, Environmental Protection Specialist, of the Nevada State Office, 
BLM.
    For the reasons stated above, under the authority of 43 CFR 8365.1-
6, the Nevada State Office, BLM, proposes the supplementary rule to 
read as follows:

Supplementary Rules To Require the Use of Certified Noxious Weed 
Seed-Free Forage on Bureau of Land Management-Administered Lands in 
Nevada

    (a)(1) To prevent the spread of weeds on BLM-administered lands in 
Nevada, effective October 1, 2001, all BLM lands within the State of 
Nevada, at all times of the year, shall be closed to possessing or 
storing hay, straw, or mulch that has not been certified as free of 
prohibited noxious weed seed.
    (2) Certification will comply with ``Regional Standards'' jointly 
developed by the states of Nevada, Idaho, Montana, Utah, Wyoming, and 
Nebraska for noxious weed seed-free and noxious weed-free forage.
    (3) The following persons are exempt from this order: anyone with a 
permit signed by BLM's authorized officer at the Field Office or Field 
Station specifically authorizing the prohibited act or omission within 
that Field Office or Station's administered 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 Nevada, without authorization required, 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 
1733(a).

Robert V. Abbey,
State Director, Bureau of Land Management, Nevada.
[FR Doc. 00-23023 Filed 9-7-00; 8:45 am]
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