[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Notices]
[Pages 10030-10032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4934]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Grazing Administration--Exclusive of Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
for the proposed amendments of the Bureau of Land Management's grazing 
administration regulations and announcement of public meetings.

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SUMMARY: Under section 102(2)(C) of the National Environmental Policy 
Act of 1969 (NEPA), the BLM will prepare a national, programmatic EIS 
and conduct public scoping meetings on amending the regulations 
governing BLM livestock grazing administration on public lands. The 
current rule, issued in 1995, requires amendment to comply with court 
decisions, provide greater flexibility to managers and permittees, 
improve existing administrative procedures and business practices, and 
promote conservation of public lands. The BLM will work collaboratively 
with interested parties to identify the management decisions that are 
best suited to local, regional, and national needs as well concerns 
regarding possible changes to the Grazing Administration Program. The 
public scoping process will identify issues and develop criteria in the 
context of the needs and interests of the public. We encourage the 
public to participate in planned public meetings and to provide 
comments and suggestions to help us clearly define possible 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). In addition, BLM will hold public scoping 
meetings to focus on relevant issues and environmental concerns, 
identify possible alternatives, and help determine the scope of the 
EIS. The public scooping meetings will be held

[[Page 10031]]

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, 6-10     Holiday Inn Grand,       Mary Apple, 406-896-
                                        p.m.                     Montana, 550 Midland     5258.
                                                                 Road, Billings, MT
                                                                 59101.
Reno, Nevada.........................  March 20, 2003, 6-10     Reno Sparks Convention   JoLynn Worley, 775-861-
                                        p.m.                     Center, 4590 S.          6515.
                                                                 Virginia St., Reno, NV
                                                                 89502.
Albuquerque, New Mexico..............  March 25, 2003, 6-10     Hilton of Albuquerque,   Kitty Mulkey, 505-438-
                                        p.m.                     1901 University Blvd.,   7511.
                                                                 NE., Albuquerque, NM
                                                                 87102.
Washington, DC.......................  March 27, 2003, 1-5 p.m  Courtyard By Marriott,   Tom Gorey, 202-452-
                                                                 (General Scott Room)     5137.
                                                                 1600 Rhode Island
                                                                 Ave., NW., Washington,
                                                                 DC 20036.
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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 homepage at http://www.blm.gov/nhp/index.htm and click on the
link.  You may also comment via email at the following address: 
[email protected]. We intend this address for use by those who want to 
keep their electronic comments confidential. 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. 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 and businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be available for public inspection in their entirety.

FOR FURTHER INFORMATION CONTACT: For further information relating to 
the grazing program or the substance of the regulations to be proposed, 
contact Kenneth Visser at (202) 452-77434. For information relating to 
the rulemaking process, contact Cynthia Ellis at (202) 452-5012. 
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: In this issue of the Federal Register, BLM 
is also publishing an advance notice of proposed rulemaking 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.'' 
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.

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 specifically request comments 
on the topics we are considering for the proposed rule, as they relate 
to the EIS. These topics include, but are not limited to, the following 
(the listing is identical to that which appears in the advance notice 
of proposed rulemaking):
    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.
    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.

[[Page 10032]]

    [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 impacts, 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. 03-4934 Filed 2-28-03; 8:45 am]
BILLING CODE 4310-84-P