[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Proposed Rules]
[Pages 9964-9966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4933]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 4100

[WO-220-1020-24 1A]
RIN: 1004-AD42


Grazing Administration--Exclusive of Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Advance notice of proposed rulemaking for proposed amendments 
to the BLM's Grazing Administration Regulations and announcement of 
public meetings.

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SUMMARY: The Bureau of Land Management (BLM) requests comments and 
suggestions to assist us in amending our regulations governing how the 
BLM administers livestock grazing on public lands. The current 
regulations, issued in 1995, require amendment to comply with court 
decisions, provide greater flexibility to managers and permittees, and 
improve existing administrative procedures and business practices, and 
promote conservation of public lands. We encourage the public to 
participate in planned public meetings and to provide comments and 
suggestions to help us clearly define needed changes to the Grazing 
Administration Program.

DATES: You must submit your comments by May 2, 2003. BLM may not 
necessarily consider or include in the Administrative Record for the 
proposed rule comments that BLM receives after the close of the comment 
period or comments delivered to an address other than those listed 
below (see ADDRESSES). See the SUPPLEMENTARY INFORMATION section for 
the dates of the public meetings.

ADDRESSES: Mail: Director (630), Bureau of Land Management, Eastern 
States Office, 7450 Boston Boulevard, Springfield, Virginia 22153, 
Attention: RIN 1004-AD42.
    Personal or messenger delivery: 1620 L Street NW., Room 401, 
Washington, DC 20036.
    Direct Internet response: 
http://www.blm.gov/nhp/news/regulatory/index.html or go to BLM's 
external Home page at http://www.blm.gov/nhp/index.htm and click on the
link.  You may also comment via email to [email protected]. We intend 
this address for use by those who want to keep their electronic comments 
confidential and for those who are unable, for whatever reason, to use 
the Internet site. Please submit email comments as an ASCII file 
avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: AD42'' and your name and return address in 
your email message.
    You may examine documents pertinent to this proposal at the L 
Street address. Comments, including names and street addresses of 
respondents, will be available for public review on the Internet 
address above and may be published as part of the EIS. Individual 
respondents may request confidentiality.

FOR FURTHER INFORMATION CONTACT: Kenneth Visser at (202) 452-7743, for 
information relating to the grazing program or the substance of the 
regulations to be proposed, or Ted Hudson at (202) 452-5042 or Cynthia 
Ellis at (202) 452-5012 for information relating to the rulemaking 
process. Persons who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8330, 24 hours a day, seven days a week, to contact the above 
individuals.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Description of Information Requested

I. Public Comment Procedures

    Your written comments should:
    1. Be specific;
    2. Explain the reason for your comments and suggestions;
    3. Be about the issues outlined in this notice; and,
    4. Where possible, reference the specific section or paragraph of 
existing regulations that you are addressing.
    The comments and recommendations that are most useful and likely to

[[Page 9965]]

influence decisions on the content of a proposed rule are:
    1. Comments and recommendations supported by quantitative 
information or studies; and
    2. Comments that include citations to and analyses of the 
applicable laws and regulations.
    We are particularly interested in receiving comments and 
suggestions about the topics listed under III. Description of 
Information Requested.
    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. 
We will honor such requests to the extent allowed by law. All 
submissions from organizations and businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be available for public inspection in their 
entirety.
    We will conduct public scoping meetings on the Environmental Impact 
Statement associated with this proposed rulemaking. The meetings will 
be held on the following dates at the specified locations and times:

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               Location                     Date and time          Address of meeting         Contact person
----------------------------------------------------------------------------------------------------------------
Billings, Montana....................  March 18, 2003.........  Holiday Inn Grand        Mary Apple
                                       6-10 p.m...............   Montana, 550 Midland    (406) 896-5258
                                                                 Road, Billings, MT
                                                                 59101.
Reno, Nevada.........................  March 20, 2003.........  Reno Sparks Convention   JoLynn Worley
                                       6-10 p.m...............   Center, 4590 S.         (775) 861-6515
                                                                 Virginia St., Reno, NV
                                                                 89502.
Albuquerque, New Mexico..............  March 25, 2003.........  Hilton of Albuquerque,   Kitty Mulkey
                                       6-10 p.m...............   1901 University Blvd.,  (505) 438-7511
                                                                 NE., Albuquerque, NM
                                                                 87102.
Washington, DC.......................  March 27, 2003.........  Courtyard By Marriott    Tom Gorey
                                       1-5 p.m................   (General Scott Room),   (202) 452-5137
                                                                 1600 Rhode Island
                                                                 Ave., NW., Washington,
                                                                 DC 20036.
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    The sites for the public meetings are accessible to individuals 
with physical impairments. If you need a special accommodation to 
participate in one or all of the meetings (e.g., interpreting service, 
assistive listening device, or materials in alternative format), please 
notify the contact person listed in this notice no later than two weeks 
prior to the scheduled meeting. Although we will attempt to meet all 
requests received, the requested accommodations may not always be 
available.
    If you plan to present a statement at the meetings, we will ask you 
to sign in before the meeting starts and identify yourself clearly for 
the record. Your speaking time at the meeting(s) will be determined 
before the meeting(s), based upon the number of persons wishing to 
speak and the approximate time available for the session. You will be 
provided at least three minutes to speak
    If you do not wish to speak at the meetings but you have views, 
questions, and concerns about regulations for the BLM's Range 
Management Program, you may submit written statements for inclusion in 
the public record at the meeting. You may also submit written comments 
and suggestions regardless of whether you attend or speak at a public 
meeting. See the ADDRESSES section of this notice for where to submit 
comments.

II. Background

    In this issue of the Federal Register BLM is also publishing a 
Notice of Intent (NOI) to prepare an Environmental Impact Statement 
(EIS) under the National Environmental Policy Act (NEPA) on the changes 
we are considering making to the regulations governing BLM's Grazing 
Administration Program. BLM is committed to making the changes to 
reflect the Secretary's ``4C's'' philosophy of ``consultation, 
cooperation, and communication all in the service of conservation.'' 
BLM is issuing this Advance Notice of Proposed Rulemaking and the NOI 
to give the public and interested parties early information about the 
proposed action, the potential range of alternatives, and the nature of 
impact analysis being considered in the EIS. We will hold meetings 
during which the public will be able to comment on the scope, proposed 
action, and possible alternatives BLM should consider when drafting the 
proposed rule. BLM seeks comments on this Advance Notice of Proposed 
Rulemaking.
    Since the first set of grazing regulations was issued after passage 
of the Taylor Grazing Act of 1934, as amended (43 U.S.C. 315, 315a-
315r), the regulations have been periodically modified, revised, and 
updated. The last major revision effort culminated when BLM published 
and implemented comprehensive changes to the grazing regulations in 
1995.
    The changes BLM is considering would encourage partnerships in 
public land stewardship and establish new options for BLM and rangeland 
users in the administration and management of public lands. Our goals 
are to:
    (1) Enhance community-based conservation and citizen-centered 
stewardship;
    (2) improve BLM business practices; and
    (3) provide greater flexibility for the manager and the permittee.

III. Description of Information Requested

    BLM is committed to carrying out the Secretary's objectives and the 
Rangeland Management Program established by the Federal Land Policy 
Management Act of 1976 (43 CFR 1740), the Public Rangelands Improvement 
Act of 1978 (43 U.S.C. 1901-1908), and the Taylor Grazing Act of 1934, 
as amended (43 U.S.C. 315, 315a-315r). We encourage the public to 
participate in planned public meetings and to provide comments and 
suggestions to help us clearly define needed changes in the Grazing 
Administration Program. We specifically are requesting comments on the 
topics we are considering for the proposed rule. These include, but are 
not limited to, the following:
    A. Definitions; We are considering revising or creating definitions 
of the following terms:

Active use
Authorized use
Base property
Grazing lease
Grazing permit
Grazing Preference or Preference
Livestock kind or kind of livestock
Monitoring
Reserve common allotment


[[Page 9966]]


    B. We are considering changing regulations to clarify current 
requirements and to allow better rangeland management and permit 
administration. Changes we are considering include:
    [sbull] Clarifying the permit renewal performance review 
requirements when grazing permits are pledged as security for loans.
    [sbull] Clarifying who is qualified for public lands grazing use 
and who will receive preference for a grazing permit or lease.
    [sbull] Clarifying the provisions addressing grazing preference 
transfers.
    [sbull] Reinstating an earlier provision that BLM and the permit 
holder may share title to certain range improvements if the improvement 
was constructed under a Cooperative Range Improvement Agreement.
    [sbull] Clarifying that BLM will follow state law with respect to 
the acquisition of water rights.
    [sbull] Examining whether BLM should authorize temporarily locked 
gates on public lands in order to protect private land and improve 
livestock operations.
    [sbull] Clarifying which non-permit related violations BLM may take 
into account in penalizing a permittee.
    [sbull] Considering ways to streamline the grazing decision appeal 
process.
    [sbull] Extending the time period that BLM may approve nonuse of 
forage from 3 to 5 years for resource improvement, business, or 
personal needs.
    C. We are also considering amendments related to changes in 
permitted use. Amendments we are considering include:
    [sbull] Creating provisions re-emphasizing consideration of social, 
economic, and cultural impact, in addition to the ecological impacts, 
of Federal actions to ensure compliance with the National Environmental 
Policy Act.
    [sbull] Requiring a permittee/lessee to apply to renew a permit or 
lease.
    [sbull] What criteria BLM will consider before approving increases 
in permitted use.
    [sbull] Considering whether to amend the provision stating when BLM 
will implement action that changes grazing management after determining 
that the allotments used by a permittee or lessee are not meeting or 
significantly progressing toward meeting land health standards.
    D. We are considering adding the following new provisions to the 
regulations.
    [sbull] Establishing and administering a new concept called 
``Reserve Common Allotments'' (RCA). RCAs would be managed as reserve 
forage areas for use by permittees whose allotments are undergoing 
restoration treatments and require rest from grazing. RCA forage would 
be allocated on a temporary non-renewable basis to permittees 
participating in restoration on their allotments.
    [sbull] Adding a fee schedule for preference transfers, crossing 
permits, applications for nonuse, and replacement/supplemental billing 
under existing service charge authority. We do not intend to address 
grazing fees in this rulemaking.
    E. We also plan to make minor revisions to correct typographical 
errors and to make technical changes to improve the clarity of the 
rule. One change we will make is to remove references to ``conservation 
use'' permits to reflect the decision in Public Lands Council v. 
Babbitt, 929 F.Supp. 1436 (D. Wyo. 1996), rev'd in part and aff'd in 
part, 167 F.3d 1287 (10th Cir. 1999), aff'd, 529 U.S. 728 (2000).
    Additional information about BLM's Rangeland, Soils, Water, and Air 
Program is available at http://web.blm.gov/internal/wo-200/wo-220/index.html.

    Dated: January 17, 2003.
Rebecca W. Watson,
Assistant Secretary of the Interior.
[FR Doc. 03-4933 Filed 2-28-03; 8:45 am]
BILLING CODE 4310-84-P