[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Notices]
[Pages 3410-3412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00849]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[20XL.LLWO220000.L10200000.PK0000]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Revision of Grazing Regulations for Public Lands
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended (FLPMA), the Bureau of Land Management's (BLM)
Resources and Planning Directorate, located in Washington, DC, by this
notice is announcing the beginning of the scoping process to solicit
public comments and identify issues. Scoping is the process by which
the BLM solicits input on the issues, impacts, and potential
alternatives and the extent to which those issues and impacts will be
analyzed in the Environmental Impact Statement (EIS).
DATES: This notice initiates the public scoping process. Comments on
issues may be submitted in writing until 15 days after the last public
meeting. The date(s) and location(s) of scoping meetings will be
announced at least 7 days in advance through local media, newspapers
and the BLM website at: https://go.usa.gov/xyMqb. In order to be
included in the Draft EIS, all comments must be received prior to 15
days after the last public meeting. The BLM will provide additional
opportunities for public participation upon publication of the Draft
EIS.
ADDRESSES: You may submit comments related to scoping for the BLM
Grazing Regulation Revision EIS to the following weblink: https://go.usa.gov/xyMqb. Documents pertinent to this proposal may also be
examined at this same weblink.
If you do not have web access and wish to submit a written comment,
you may mail it to the Bureau of Land Management, Attn: Seth Flanigan,
3948 S Development Ave., Boise, ID 83702.
FOR FURTHER INFORMATION CONTACT: Seth Flanigan, Project Manager,
telephone 208-384-3450; email: [email protected]. If you do
not have web access, please contact Mr. Flanigan for help in obtaining
copies of documents that are pertinent to this proposal. Persons who
use a telecommunications device for the deaf (TDD) may call the Federal
Relay Service (FRS) at 1-800-
[[Page 3411]]
877-8339 to contact Mr. Flanigan during normal business hours. The FRS
is available 24 hours a day, 7 days a week, to leave a message or
question. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM is soliciting public comment as it
prepares this EIS to update the Code of Federal Regulations (CFR), at
43 CFR part 4100, Grazing Administration--Exclusive of Alaska. As part
of the proposed changes, the BLM may consider moving and revising some
provisions contained in 43 CFR part 4100 to other regulations as part
of a single rulemaking effort. The EIS will analyze the environmental
effects of proposed changes to these regulations.
The BLM grazing regulations (43 CFR part 4100) govern all public
lands, excluding Alaska, that have been identified as suitable for
livestock grazing. These lands presently include approximately 155
million acres in the western United States. These regulations were
promulgated in accordance with FLPMA (43 U.S.C. 1701 et seq.), the
Taylor Grazing Act (TGA) (43 U.S.C. 315, 315a-315r), and the Public
Rangelands Improvement Act (43 U.S.C. 1901 et seq.).
Since the first adoption of grazing regulations after passage of
the TGA, the BLM has periodically modified, revised, and updated its
regulations in response to legislative and policy changes and
implementation challenges. The BLM comprehensively revised its grazing
regulations in 1995 and 2006. In 2007, the U.S. District Court in Idaho
permanently enjoined implementation of the 2006 amendments. The U.S.
Court of Appeals for the Ninth Circuit affirmed the permanent
injunction in 2011.
The BLM has managed public land livestock grazing activities in
conformance with the regulations that were in effect immediately before
the 2006 amendments were adopted (October 1, 2005 edition of 43 CFR
part 4100), except for the conservation use permit provision previously
struck down by the U.S. Court of Appeals for the Tenth Circuit in 1999.
The 1995 regulations without the provision for conservation use permits
have never been published in the CFR. Despite the injunction, the 2006
amended version of the grazing administration regulations still appears
in the CFR. This has created significant confusion for grazing
permittees and lessees, BLM staff, the public, and the courts.
On December 19, 2014, Congress amended section 402 of FLPMA (43
U.S.C. 1752), in Public Law 133-291. Amendments to section 402(c)
provide that the terms and conditions of an expired permit or lease
shall continue under a new permit or lease until the Secretary
completes any remaining applicable environmental review and
documentation. This amendment to section 402(c) is similar to
provisions in previous appropriations riders.\1\ Amendments to section
402(h) authorize the Secretary to categorically exclude decisions that
authorize certain grazing permits and leases, and the trailing and
crossing of livestock across public land, from the requirement to
prepare an environmental document under NEPA. Lastly, new section
402(i) provided Congressional direction regarding the priority and
timing for completion of environmental analyses.
---------------------------------------------------------------------------
\1\ E.g., Sec. 123, Public Law 106-113 (Nov. 29, 1999); Sec.
116, Public Law 106-291 (Oct. 11, 2000); Sec. 114, Public Law 107-67
(Nov. 12, 2001); Sec. 325, Public Law 108-108 (Nov. 10, 2003); Sec.
426, Public Law 111-8 (Mar. 11, 2009); Sec. 416, Public Law 111-88
(Oct. 30, 2009); Sec. 415, Public Law 112-74 (Dec. 23, 2011); Sec.
411, Public Law 113-76 (Jan. 17, 2014).
---------------------------------------------------------------------------
In addition, the U.S. Government Accountability Office (GAO)
released a report in July 2016 titled, ``Unauthorized Grazing: Actions
Needed to Improve Tracking and Deterrence Efforts'' (GAO-16-559). The
GAO recommended that the Secretary of the Interior direct the Director
of the BLM to amend the regulations on unauthorized grazing use, 43 CFR
subpart 4150 (2005), ``to establish a procedure for the informal
resolution of violations at the local level.''
The BLM plans to initiate a rulemaking to address the Congressional
amendments and the GAO's concerns, as well as ensure that the CFR
reflects the applicable regulations governing the grazing program in
the continental United States. In addition, the BLM is interested in
amending 43 CFR part 4100 to address the following:
Updating and modernizing the regulations, including
revising definitions to provide more accurate and concise descriptions
of the terms, and to align with current statutory, and regulatory
authorities; rewording certain sections to improve readability and
understanding; and considering ways to improve grazing permit
administration, such as: Transfers of grazing preference; provisions
that allow for greater flexibility for using livestock grazing to
address fuel loads and protect areas with high quality habitat from
wildfire; continued Resource Advisory Committee review of rangeland
improvements and allotment management plans; and emergency public
consultation.
Improving permitting efficiency. This could include, for
example, changing how the BLM issues decisions for crossing permits,
temporary nonrenewable permits, and authorizing grazing to reduce
wildfire risk, expanded or clarified use of NEPA categorical exclusion
authorities, and streamlining protest and appeal processes.
Promoting land health. Considering where and how the BLM
will evaluate the Land Health Fundamentals and Standards. Explore ways
to use livestock grazing to reduce wildfire risk and improve rangeland
conditions.
Public participation. The BLM seeks to ensure adequate
participation of all stakeholders without unduly burdening
administrative processes.
The purpose of the public-scoping process is to determine relevant
issues that will influence the scope of the EIS, including
alternatives, and guide the process for developing the EIS.
The BLM is also seeking the views of the public on the potential
for prospective regulatory changes to affect historic properties. The
information about historic and cultural resources will assist the BLM
in identifying and evaluating impacts to such resources and determine
the agency's obligations under Section 106 of the National Historic
Preservation Act (54 U.S.C. 306108).
The BLM will consult with Indian tribes on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources, will
be given due consideration. Federal, State, and local agencies, along
with tribes and other stakeholders that may be interested in or
affected by the proposed BLM Grazing Regulation Revision that the BLM
is evaluating, are invited to participate in the scoping process and,
if eligible, may request or be requested by the BLM to participate in
the development of the EIS as a cooperating agency.
Before including your address, phone number, email 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.
[[Page 3412]]
Authority: 40 CFR 1501.7.
June E. Shoemaker,
Acting Assistant Director for Resources and Planning.
[FR Doc. 2020-00849 Filed 1-17-20; 8:45 am]
BILLING CODE 4310-84-P