[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]


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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.

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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.
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    \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).
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    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