[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57496-57499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23462]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLID-931-000-L1020-0000-JP-0000252R]


Notice of Proposed Supplementary Rule To Require the Use of 
Certified Noxious-Weed-Free Forage and Straw on Bureau of Land 
Management Lands in the State of Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) in Idaho is proposing a 
supplementary rule that would require anyone bringing or anyone feeding 
or storing forage or straw on BLM-administered land when using BLM 
public lands in Idaho to use certified noxious-weed-free forage and 
straw. Restoration, rehabilitation, and stabilization projects also 
will be required to use weed-free straw bales and mulch for project 
work. This action is a cooperative effort between the BLM, the U.S. 
Forest Service (USFS), and the Idaho State Department of Agriculture 
(ISDA), and supports Idaho State noxious weed laws.

DATES: Comments on the proposed supplementary rules must be received

[[Page 57497]]

or postmarked by November 22, 2010 to be assured consideration. In 
developing final supplementary rules, the BLM is not obligated to 
consider comments postmarked or received in person or by electronic 
mail after this date.

ADDRESSES: Please mail comments to Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to 
[email protected]. If you require a printed copy of the 
proposed supplementary rules, please call Roger Rosentreter, (208) 373-
3824 or e-mail [email protected], to request that one be 
mailed to you.

FOR FURTHER INFORMATION CONTACT: Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709; telephone (208) 373-
3824; e-mail [email protected]. Persons who use a 
telecommunications device for the deaf (TDD) may contact this 
individual by calling the Federal Information Relay Service (FIRS) at 
(800) 877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    You may mail comments to Roger Rosentreter, Bureau of Land 
Management, 1387 S. Vinnell Way, Boise, ID 83709, or e-mail comments to 
[email protected]. Written comments on the proposed 
supplementary rules should be specific, be confined to issues pertinent 
to the proposed supplementary rules, and explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal which the comment is 
addressing. The BLM is not obligated to consider or include in the 
Administrative Record for the supplementary rules comments that the BLM 
receives after the close of the comment period (See DATES), unless they 
are postmarked or electronically dated before the deadline. Neither is 
the BLM obligated to consider comments delivered to an address other 
than the address listed above (See ADDRESSES).
    Comments--including names, street addresses, and other contact 
information of respondents--will be available for public review at 1387 
S. Vinnell Way, Boise, ID 83709, during regular business hours (7:30 
a.m. to 3:45 p.m., Monday through Friday, except Federal holidays). 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    Noxious and invasive weeds are a serious problem in the western 
United States. Noxious weeds are spreading on BLM lands at a rate of 
over 2,300 acres per day, and on all western public lands at 
approximately 4,600 acres per day. Species such as perennial 
pepperweed, purple loosestrife, yellow starthistle, hoary cress 
(whitetop), leafy spurge, diffuse knapweed, spotted knapweed, Russian 
knapweed, Scotch thistle, Canada thistle, rush skeletonweed, and many 
others are non-native to the United States and have no natural enemies 
to keep their populations in balance. Consequently, depending on the 
circumstances (e.g., weed(s) involved, soil type, range condition, and 
climatic influences), these undesirable weeds may rapidly invade 
healthy ecosystems, displace native vegetation, reduce species 
diversity, destroy wildlife habitat, reduce forage for wild and 
domestic ungulates, weaken rehabilitation and landscape restoration 
efforts, increase soil erosion and stream sedimentation, create fire 
hazards, and degrade special resource values.
    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, have also passed weed management laws. Idaho participates in 
a regional inspection-certification process with Oregon, Montana, 
Washington, Nevada, and Wyoming and encourages, on a voluntary basis, 
forage producers in Idaho to grow and request voluntary certification 
inspections of forage products and straw.
    Because forage products and straw containing noxious weed seed 
contribute to the spread and establishment of weed infestations, the 
USFS promulgated regulations in 1996, known as a ``Weed Free Hay 
Order,'' to address this issue. In response to that Order, the State of 
Idaho implemented a noxious-weed-free forage and straw certification 
program in 1997. Under Idaho Code the ISDA wrote regulations in 2007 
(Title 22, Chapter 24 Noxious-Weed-Free Forage and Straw Rules and 
IDAPA 02.06.31). This program, which is a cooperative effort between 
the ISDA and the USFS, was established to limit the introduction and 
spread of noxious weeds through forage and straw onto National Forest 
System lands and other lands within Idaho. The Federal Plant Protection 
Act of June 2000 directs agencies to develop integrated management 
plans for noxious weeds. The proposed rules are intended to complement 
the existing regulatory framework.

III. Discussion of the Proposed Supplementary Rules

    Currently, National Forest System lands are the only lands in Idaho 
which require the use of certified noxious-weed-free forage and straw, 
although some Idaho State agencies (the Idaho Department of Lands and 
the Idaho Department of Fish and Game) have weed-free hay policies in 
place for lands they manage. The proposed supplementary rules would 
provide a standard regulation for all users of BLM-administered lands 
in Idaho and provide for consistent management with National Forest 
System lands across jurisdictional boundaries.
    The proposed supplementary rules would be implemented by including 
a standard stipulation in all Special Recreation Permits and most other 
use authorizations. Livestock grazing permits would not need to include 
such a stipulation because 43 CFR 4140.1(a)(3) already requires the 
permittee to secure authorization before supplemental feeding, 
maintenance feeding, and emergency feeding on lands administered by the 
BLM.
    The stipulation would require holders of affected permits and use 
authorizations to use certified noxious-weed-free forage and straw, to 
the extent they use hay, cubes, and straw on BLM-administered public 
lands in Idaho. Affected permittees includes recreationists using pack 
and saddle stock, grazing permittees, outfitters, and contractors and 
operators who use straw or mulch for reclamation or re-seeding 
purposes. These individuals or groups would be required to use 
certified noxious-weed-free forage and straw while on BLM-administered 
public lands in Idaho, unless authorized in writing or when 
transporting forage across public lands from private property to 
private property. BLM Idaho would allow forage certified by other 
states to be used as forage on lands administered by Idaho BLM offices.
    In addition, in cooperation with the USFS hay closure and the Idaho 
State Department of Agriculture Noxious-Weed-Free Forage and Straw 
Certification (ISDA, NWFFS) program, the BLM is proposing a prohibition 
on the use of forage and straw that has not been certified as noxious-
weed-free, for

[[Page 57498]]

all BLM-administered public lands within Idaho. The BLM State Office in 
Idaho, in cooperation with the ISDA, will implement a public 
information plan with the intention of publicizing the supplementary 
rules and notifying visitors and land users where they can purchase 
state-certified noxious-weed-free forage and straw.
    This rule will be effective 45 days after the close of the public 
comment period. Similar to other agency closures, once this rule 
becomes effective, there will be a 60-day grace period for enforcement 
of this rule. This proposal is in conformance with all BLM land use 
plans within Idaho. The proposed supplementary rules are consistent 
with and supportive of the statewide Conservation Plan for the Greater 
Sage-Grouse in Idaho (Idaho Sage-grouse Advisory Committee, 2006), 
which recommends that the use of weed-free forage on public and state 
lands be required to discourage the spread of invasive annuals and 
noxious weeds.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. These rules will not have an effect of 
$100 million or more on the economy. They will not adversely affect, in 
a material way, the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments, or communities. These proposed supplementary rules will 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The proposed supplementary 
rules do not alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the right or obligations of their recipients, 
nor do they raise novel legal or policy issues. They merely impose 
rules regarding the use of certified noxious-weed-free forage and straw 
on BLM-administered public lands in Idaho.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the description of the proposed 
supplementary rules helpful to your understanding of the supplementary 
rules? How could this description be more helpful in making the 
supplementary rules easier to understand? Please send any comments you 
have on the clarity of the proposed supplementary rules to Roger 
Rosentreter, Bureau of Land Management, 1387 S. Vinnell Way, Boise, ID 
83709, or email comments to [email protected].

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) titled 
``Implementation of Requirements for Certified Noxious-Weed-Free Forage 
and Straw On Bureau of Land Management Lands in Idaho'' and has found 
that the proposed supplementary rules would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under Section 102(2)(C) of the National Environmental 
Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed 
environmental impact statement under NEPA is not required. The BLM has 
placed the EA and the Finding of No Significant Impact on file in the 
BLM Administrative Record at the address specified in the ADDRESSES 
section. The BLM invites the public to review these documents.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size but contain rules to protect the natural resources and the 
environment on public lands. Therefore, the BLM has determined under 
the RFA that these proposed supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
annual effect on the economy of $100 million or more, in an increase in 
costs or prices, or in significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. They would merely impose 
rules regarding the use of certified noxious-weed-free forage and straw 
on BLM-administered public lands in Idaho.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on State, local, or Tribal governments or the private sector of 
more than $100 million per year, nor do these proposed supplementary 
rules have a significant or unique effect on State, local, or Tribal 
governments or the private sector. The proposed supplementary rules do 
not require anything of State, local, or Tribal governments. Therefore, 
the BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules do not address property rights 
in any form and do not cause the impairment of anyone's property 
rights. Therefore, the Department of the Interior has determined that 
the proposed supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules will not have a substantial direct 
effect on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rules apply in only one State, Idaho, and do not address 
jurisdictional issues involving the Idaho State Government. Therefore,

[[Page 57499]]

in accordance with Executive Order 13132, the BLM has determined that 
these proposed supplementary rules do not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Idaho State Office has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not include policies that have tribal 
implications. Since the proposed rules do not change BLM policy as it 
pertains to Tribes and do not involve Indian reservation lands, 
resources, or property rights, the BLM has determined that the 
government-to-government relationships should remain unaffected.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These proposed supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. They only address the use of 
certified noxious-weed-free forage and straw on public lands and have 
no connection with energy policy.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of these proposed supplementary rules is Roger 
Rosentreter, Botanist, Idaho BLM State Office.

Supplementary Rules To Require the Use of Certified Noxious-Weed-Free 
Forage and Straw on Bureau of Land Management-Administered Public Lands 
in Idaho

    (1) To prevent the spread of noxious weeds on BLM-administered 
public lands in Idaho, it is a prohibited act to feed or store forage 
or straw on BLM-administered land that has not been certified as 
noxious-weed-free. Restoration, rehabilitation, and stabilization 
projects also are required to use weed-free straw bales and mulch for 
project work.
    Once this rule becomes effective, there will be a 60-day grace 
period for enforcement of this rule.
    (2) The certification program currently includes 57 weeds that have 
been designated as noxious in Idaho under the Idaho State noxious-weed-
free standards, or certified to be free from those weeds designated in 
the North American Weed Free Forage Program list, which was developed 
by the North American Weed Management Association (NAWMA). This NAWMA 
list currently includes the 57 weeds designated noxious in Idaho and 
also includes an additional 15 invasive weeds. BLM Idaho allows forage 
that meets Idaho, NAWMA, or other states' standards for certification 
as noxious- weed-free. Although weeds may be added or removed from 
these various lists, the BLM recognizes this forage as certified 
noxious-weed-free as long as it has been marked indicating that it 
meets the standards for certification.
    (3) Certified noxious-weed-free hay must be identified by one of 
the following:
    (a) State certification tag attached to the bale string;
    (b) At least one strand of purple and yellow (intertwined) bale 
twine encircling the bale;
    (c) Blue and orange (intertwined) bale twine encircling the bale; 
or
    (d) Other colored twine encircling the bale that is used to 
designate certified forage.
    (4) Certified noxious-weed-free compressed forage bales are 
identified by yellow binding (strapping) material with the statement 
``ISDA NWFFS'' and the manufacturer's name printed in purple.
    (5) Certified noxious-weed-free forage in bags is identified by a 
stamp, sticker, or printing on the bag identifying it as certified 
forage.
    (6) The following persons/activities are exempt from this order:
    (a) Any person with a permit or letter signed by a BLM authorized 
officer specifically authorizing the prohibited act, such as an 
authorized livestock permittee during an emergency situation in which 
livestock must be fed uncertified forage or hay for a short period of 
time until they can be moved to safety; and
    (b) Any person transporting hay or forage across public lands from 
private property to private property.
    (7) Any person who knowingly or willfully violates the provisions 
of these supplementary rules may be required 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 U.S.C. 1733(a). Such violations may also be subject to 
enhanced fines provided for by 18 U.S.C. 3571.

Peter J. Ditton,
Acting Idaho State Director, Bureau of Land Management.
[FR Doc. 2010-23462 Filed 9-20-10; 8:45 am]
BILLING CODE 4310-GG-P