98-27758. Grazing Administration; Alaska; Reindeer; General  

  • [Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
    [Rules and Regulations]
    [Pages 55548-55553]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-27758]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Bureau of Land Management
    
    43 CFR Part 4300
    
    [WO-420-1050-00-24]
    RIN 1004-AD06
    
    
    Grazing Administration; Alaska; Reindeer; General
    
    AGENCY: Bureau of Land Management, Interior.
    
    ACTION: Final rule.
    
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    SUMMARY: The Bureau of Land Management (BLM) is revising its 
    regulations that provide for the administration of permits for grazing 
    reindeer in Alaska. These regulations explain how Native Alaskans may 
    apply for permits and what a permit entitles
    
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    them to do. BLM has translated the regulations into Plain Language and, 
    with a few exceptions, has not changed the substance of the 
    regulations.
    
    DATES: Effective November 16, 1998.
    
    ADDRESSES: You may send inquiries or suggestions to: Director (630), 
    Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.
    
    FOR FURTHER INFORMATION CONTACT: Larry Field, BLM Northern District 
    Office, Fairbanks, Alaska, Telephone: 907-474-2343 (Commercial or FTS).
    
    SUPPLEMENTARY INFORMATION:
    I. Background
    II. Final Rule as Adopted
    III. Responses to Comments
    IV. Procedural Matters
    
    I. Background
    
        Part 4300 of Title 43 of the Code of Federal Regulations implements 
    the provisions of the Act of September 1, 1937 (50 Stat. 900; 25 U.S.C. 
    500, et seq.) (Act). That Act authorizes the Secretary of the Interior 
    to manage the reindeer industry in Alaska in order to maintain a self-
    sustaining industry for Alaska Natives. The Act also authorizes the 
    Secretary to issue permits to Natives for grazing reindeer on public 
    lands.
        The final rule published today is the last stage of the rulemaking 
    process that is concluding in the revision of the regulations at 43 CFR 
    4300. This rule was preceded by a proposed rule that was published in 
    the Federal Register on November 1, 1996 (61 FR 56497). The proposed 
    rule, which was written in Plain Language, clarified the application 
    procedures for reindeer grazing permits. BLM invited public comments 
    for 30 days and received comments from a private citizen. We also 
    received internal comments.
    
    II. Final Rule as Adopted
    
        The final rule is adopted with changes to the proposed rule as 
    discussed in the Responses to Comments section. In summary, the final 
    rule revises the definition of reindeer to clarify the reindeer's 
    relationship to wild caribou; expands the reasons for cancellation of a 
    permit to include those reasons currently used by BLM to reduce or 
    modify a permit, as spelled out in Sec. 4300.50; and clarifies that a 
    $10 filing fee must be paid for each application but no annual use fee 
    is required.
    
    III. Responses to Comments
    
        Discussed below are the issues raised in the comments that BLM 
    received during the 30-day comment period on the proposed rule to 
    revise 43 CFR part 4300.
        1. Comment: The commenter believes BLM should list the name and 
    number of any forms required for submitting grazing permit applications 
    and state that none is required when appropriate.
        Response: We have adopted the commenter's suggestion and amended 
    the rule as follows:
    
    --Revised Sec. 4300.2 to specify the name and number of the forms used 
    in this part--the Reindeer Grazing Permit (Form 4132-2), the Grazing 
    Lease or Permit Application (Form 4201-1), and Range Improvement Permit 
    (Form 4120-7). Also corrected Sec. 4300.2 to delete the reference to 
    reports having to be on a BLM-approved form.
    --Added a statement to Secs. 4300.30(a) (protest of a permit 
    application), 4300.45 (annual reports), 4300.59 (assignment of 
    permits), and 4300.80 (reindeer crossing permit) that the permittee is 
    not required to use a particular format nor a BLM-approved form when 
    completing actions under these sections.
    
        2. Comment: In Sec. 4300.23, BLM should provide a time frame for 
    issuing a permit.
        Response: We have revised Sec. 4300.23 to state that BLM generally 
    responds to an applicant within 120 days and keeps the applicant 
    informed if there are delays in meeting that time frame.
        3. Comment: In Sec. 4300.25, the commenter has a problem with BLM 
    issuing a grazing permit at its discretion.
        Response: We have expanded Sec. 4300.25 to point out that BLM's 
    discretionary decisions are based on sound resource management 
    guidelines developed in land use plans and in consultation with other 
    State and Federal resource management agencies.
        4. Comment: Section 4300.55 should identify the BLM official that 
    makes the final decision when there is an appeal of the readjustment of 
    a permit area.
        Response: We have added information to Sec. 4300.55 to advise that 
    the BLM Field Office Manager makes the bureau decision and the BLM 
    official's decision can be appealed to the Interior Board of Land 
    Appeals (IBLA) under 43 CFR part 4. The IBLA makes the final decision.
        5. In response to internal comments, we have made several technical 
    amendments to the proposed regulation:
    
    --Corrected the November 1, 1996, preamble of the 4300 proposed rule 
    (61 FR 56497) and revised Secs. 4300.22 and 4300.57 to provide that a 
    $10 filing fee is required for each reindeer grazing application but no 
    annual use fee is required. Also, revised Sec. 4300.57 to clarify that 
    the application for renewal is completed on the same form as the 
    original application.
    
        The proposed rule incorrectly stated that a $10 application fee 
    must be paid each year of the reindeer grazing permit. Actually, BLM 
    only requires a $10 filing fee to accompany each application. For 
    multi-year grazing permits, the $10 filing fee submitted with each 
    application is the only fee required.
    
    --Replaced the word ``default'' in Sec. 4300.71(b) to more closely 
    track language in Sec. 4300.71(a)(2). Paragraph (a) (2) lists one of 
    the reasons that BLM may cancel a permit as the failure of the 
    permittee to comply with the provisions of the permit or the 
    regulations of part 4300. Paragraph (b) uses the term ``default'' in 
    the sense of ``failure to comply.'' To make the terms in paragraphs (a) 
    and (b) consistent, we have substituted ``failure to comply'' for 
    ``default'' the first time it appears in paragraph (b) and substituted 
    ``noncompliance'' for ``default'' the second time it appears in that 
    paragraph.
    --Replaced the term ``Federal land'' with ``public land'' in 
    Sec. 4300.90(a) for consistency and accuracy. ``Public land'', as 
    discussed in Sec. 4300.10, is the correct term to describe the types of 
    land for which a reindeer grazing application may be filed.
    
    IV. Procedural Matters
    
    National Environmental Policy Act
    
        BLM has determined that this final rule is categorically excluded 
    from environmental review under section 102(2)(C) of the National 
    Environmental Policy Act, pursuant to 516 Departmental Manual (DM), 
    Chapter 2, Appendix 1, Item 1.10, and that the final rule does not meet 
    any of the 10 criteria for exceptions to categorical exclusions listed 
    in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental 
    Quality regulations (40 CFR 1508.4) and the environmental policies and 
    procedures of the Department of the Interior, the term ``categorical 
    exclusion'' means a category of actions that do not individually or 
    cumulatively have a significant effect on the human environment and 
    that have been found to have no such effect in procedures adopted by a 
    Federal agency and for which neither an environmental assessment nor an 
    environmental impact statement is required.
        This final rule qualifies as a categorical exclusion under item 
    1.10 for regulations of an administrative, financial, legal, technical, 
    or procedural nature. The final rule does not change the rights of 
    customers who may file applications and has no impact on the 
    environment. The rule will simplify the
    
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    application procedures and make clear to applicants the legal 
    requirements they need to meet.
    
    Paperwork Reduction Act
    
        BLM has submitted the information collection requirements in this 
    final rule to the Office of Management and Budget (OMB) for approval as 
    required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
    seq.). We will not require collection of this information until OMB has 
    given its approval.
        Sections of this final rule with information collection 
    requirements are Secs. 4300.20, 4300.57, 4300.80, and 4300.45, and BLM 
    estimates the public reporting burden of these sections to average 1 
    hour per response for the first three sections and 15 minutes per 
    response for the fourth section. This estimate includes the time for 
    reviewing instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information. Send comments regarding this burden estimate 
    or any other aspect of this collection of information, including 
    suggestions for reducing the burden, to Information Collection 
    Clearance Officer, Bureau of Land Management, U.S. Department of the 
    Interior, 1849 C Street, NW., Mail Stop 401-LS, Washington, DC 20240, 
    and the Office of Information and Regulatory Affairs, Desk Officer for 
    the Department of the Interior (1004-AD06), Office of Management and 
    Budget, Washington, DC 20503.
    
    Regulatory Flexibility Act
    
        Congress enacted the Regulatory Flexibility Act of 1980, 5 U.S.C. 
    601 et seq., 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. Based on the discussion in the preamble 
    above, the final rule will not materially change the way BLM processes 
    applications, and will not affect the rights of customers who may file 
    applications for grazing reindeer. The rule only simplifies the 
    application procedures and makes clear to applicants the legal 
    requirements they need to meet. BLM anticipates that this final rule 
    will have no significant impact on the public at large. Therefore, BLM 
    has determined under the RFA that this final rule would not have a 
    significant economic impact on a substantial number of small entities.
    
    Unfunded Mandates Reform Act
    
        Revision of 43 CFR part 4300 will not result in any unfunded 
    mandate to State, local, or tribal governments in the aggregate, or to 
    the private sector, of $100 million or more in any one year.
    
    Executive Order 12612
    
        The final rule 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. Therefore, in accordance with Executive 
    Order 12612, BLM has determined that this final rule does not have 
    sufficient federalism implications to warrant preparation of a 
    Federalism Assessment.
    
    Executive Order 12630
    
        The final rule does not represent a government action capable of 
    interfering with constitutionally protected property rights. Section 
    2(a)(1) of Executive Order 12630 specifically exempts actions modifying 
    regulations in a way that lessens interference with private property 
    use from the definition of ``policies that have takings implications.'' 
    Since the primary function of the final rule is to clarify existing 
    regulations in a way that does not materially change the regulations, 
    there will be no private property rights impaired as a result. 
    Therefore, the Department of the Interior has determined that the rule 
    would not cause a taking of private property or require further 
    discussion of takings implications under this Executive Order.
    
    Executive Order 12866
    
        According to the criteria listed in section 3(f) of Executive Order 
    12866, BLM has determined that the final rule is not a significant 
    regulatory action. As such, the final rule is not subject to Office of 
    Management and Budget review under section 6(a)(3) of the order.
    
    Executive Order 12988
    
        The Department of the Interior has determined that this rule meets 
    the applicable standards provided in sections 3(a) and 3(b)(2) of 
    Executive Order 12988.
    
    Author
    
        The principal author of this rule is Frances Watson, Regulatory 
    Affairs Group, Telephone: 202-452-5006 (Commercial or FTS).
    
    List of Subjects in 43 CFR Part 4300
    
        Administrative practice and procedure, Alaska, Grazing lands, Range 
    management, Reindeer, Reporting and recordkeeping requirements.
    
        Dated: September 22, 1998.
    Sylvia V. Baca,
    Deputy Assistant Secretary, Land and Minerals Management
    
        For the reasons set forth in the preamble, and under the authority 
    of 25 U.S.C 500k, BLM is revising 43 CFR part 4300 to read as follows:
    
    PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
    
    General Information
    
    Sec.
    4300.1  What is a reindeer?
    4300.2  Is there a special form for my application?
    
    Before you Apply for a Reindeer Grazing Permit
    
    4300.10  On what types of public land can I obtain a reindeer 
    grazing permit?
    4300.11  Who qualifies to apply for a permit?
    4300.12  What is the definition of a Native?
    
    Applying for a Grazing Permit
    
    4300.20  How do I apply for a permit?
    4300.21  What must I include in my application?
    4300.22  What fees must I pay?
    4300.23  After I file my application, can I use the land before BLM 
    issues my permit?
    4300.24  Does my filed application mean that no one else can file an 
    application?
    4300.25  Does my filed application mean I will automatically receive 
    a permit?
    
    Protests Against a Grazing Permit Application
    
    4300.30  Can someone else protest my permit application?
    
    Conditions of Your Approved Permit
    
    4300.40  How long can I graze reindeer with my permit?
    4300.41  What will the permit say about the number of reindeer and 
    where I can graze them?
    4300.42  If I have existing improvements on the land, will these be 
    allowed in the initial permit?
    4300.43  What should I do if I want to construct and maintain 
    improvements on the land?
    4300.44  Are there any major restrictions on my grazing permit that 
    I might otherwise think are allowed?
    4300.45  Must I submit any reports?
    
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    Changes That Can Affect Your Permit
    
    Other Uses of the Land
    
    4300.50  Are there other uses of the land that may affect my permit?
    4300.51  Will I be notified if another use, disposal, or withdrawal 
    occurs on the land?
    4300.52  Can other persons use the land in my permit for mineral 
    exploration or production?
    
    Changes in the Size of the Permitted Area
    
    4300.53  Can BLM reduce the size of the land in my permit?
    4300.54  Can BLM increase the size of the land in my permit?
    4300.55  What if I don't agree with an adjustment of my permit area?
    
    Permit Renewals
    
    4300.57  How do I apply for a renewal of my permit?
    4300.58  Will the renewed permit be exactly the same as the old 
    permit?
    
    Assigning Your Permit to Another Party
    
    4300.59  If I want to assign my permit to another party, when must I 
    notify BLM?
    4300.60  What must be included in my assignment document?
    4300.61  Can I sublease any part of the land in my permit?
    
    Closing out Your Permit
    
    4300.70  May I relinquish my permit?
    4300.71  Under what circumstances can BLM cancel my permit?
    4300.72  May I remove my personal property or improvements when the 
    permit ends?
    
    Reindeer Crossing Permit
    
    4300.80  How can I get a permit to cross reindeer over public lands?
    
    Trespass
    
    4300.90  That is a trespass?
    
        Authority: 25 U.S.C. 500k, and 43 U.S.C. 1701 et seq.
    
    General Information
    
    
    Sec. 4300.1  What is a reindeer?
    
        Reindeer, Rangifer tarandus, are a semi-domesticated member of the 
    deer family, Cervidae. They are essentially the same animal as their 
    wild cousins, the caribou, but tend to be smaller than caribou. 
    Reindeer and caribou are different subspecies of the same family, 
    genus, and species. The term ``reindeer'' includes caribou that have 
    been introduced into animal husbandry or have joined reindeer herds, 
    the offspring of these caribou, and the offspring of reindeer.
    
    
    Sec. 4300.2  Is there a special form for my application?
    
        All applications you submit to BLM must be on a BLM-approved form 
    and in duplicate. The forms to be used in this part are the Grazing 
    Lease or Permit Application (Form 4201-1), the Reindeer Grazing Permit 
    (Form 4132-2), and the Range Improvement Permit (Form 4120-7).
    
    Before You Apply for a Reindeer Grazing Permit
    
    
    Sec. 4300.10  On what types of public land can I obtain a reindeer 
    grazing permit?
    
        (a) You may apply for public lands that are vacant and 
    unappropriated.
        (b) You may apply for public lands which have been withdrawn for 
    any purpose, but the Department or agency with administrative 
    jurisdiction of the withdrawn lands must give its prior consent, and 
    may impose terms or conditions on the use of the land.
        (c) If the lands you apply for are within natural caribou migration 
    routes, or if they have other important values for wildlife, BLM will 
    consult with the Alaska Department of Fish and Game before issuing a 
    permit. BLM may include such lands in a permit at its discretion, and a 
    permit will contain any special terms and conditions to protect 
    wildlife resources.
    
    
    Sec. 4300.11  Who qualifies to apply for a permit?
    
        Natives, groups, associations or corporations of Natives as defined 
    by the Act of September 1, 1937 (50 Stat. 900) qualify. If you are a 
    Native corporation, you must be organized under the laws of the United 
    States or the State of Alaska. Native corporations organized under the 
    Alaska Native Claims Settlement Act also qualify.
    
    
    Sec. 4300.12  What is the definition of a Native?
    
        Natives are:
        (a) Native Indians, Eskimos, and Aleuts of whole or part blood 
    living in Alaska at the time of the Treaty of Cession of Alaska to the 
    United States, and their descendants of whole or part blood; and
        (b) Indians and Eskimos who, between 1867 and September 1, 1937, 
    migrated into Alaska from Canada, and their descendants of whole or 
    part blood.
    
    Applying for a Grazing Permit
    
    
    Sec. 4300.20  How do I apply for a permit?
    
        You must execute a completed application for a grazing permit (Form 
    4201-1) and file it in the BLM office with jurisdiction over the lands 
    for which you are applying.
    
    
    Sec. 4300.21  What must I include in my application?
    
        (a) You must include a certification of reindeer allotment to you, 
    signed by the Bureau of Indian Affairs, if you are to receive a herd 
    from the Government. If you obtain reindeer from a source other than 
    the Government, you should state the source and show evidence of 
    purchase or option to purchase.
        (b) Your initial application must list the location of and describe 
    the improvements you own in the application area. You must have this 
    statement verified by the Bureau of Indian Affairs before you submit it 
    to BLM.
    
    
    Sec. 4300.22  What fees must I pay?
    
        You must pay a $10 filing fee with each application. No grazing fee 
    will be charged.
    
    
    Sec. 4300.23  After I file my application, can I use the land before 
    BLM issues my permit?
    
        No. You cannot use the land until BLM issues you a permit. 
    Generally, BLM will issue a permit within 120 days after receiving an 
    application and will keep you informed if there are delays in meeting 
    that timeframe.
    
    
    Sec. 4300.24  Does my filed application mean that no one else can file 
    an application?
    
        No. The filing of your application will not segregate the land. 
    Anyone else may file an application and BLM may dispose of the lands 
    under the public land laws.
    
    
    Sec. 4300.25  Does my filed application mean I will automatically 
    receive a permit?
    
        No. BLM issues grazing permits at its discretion. Our 
    decisionmaking is based on resource management guidelines developed in 
    land use plans and in consultation with other State and Federal 
    resource management agencies.
    
    Protests Against a Grazing Permit Application
    
    
    Sec. 4300.30  Can someone else protest my permit application?
    
        (a) Yes, anyone may file a protest with BLM. The protest does not 
    have to be in a particular format nor on a BLM-approved form but it 
    must:
        (1) Be filed in duplicate with BLM;
        (2) Contain a complete description of all facts upon which it is 
    based;
        (3) Describe the lands involved; and
        (4) Be accompanied by evidence of service of a copy of the 
    protest on the applicant.
        (b) If the person protesting also wants a grazing permit for all or 
    part of the land described in the protested application, the protest 
    must be accompanied by a grazing permit application.
    
    [[Page 55552]]
    
    Conditions of Your Approved Permit
    
    
    Sec. 4300.40  How long can I graze reindeer with my permit?
    
        BLM issues permits for a maximum of 10 years, except when you 
    request a shorter term, or when BLM determines that a shorter period is 
    in the public interest. The issued permit will specify the number of 
    years you can graze reindeer.
    
    
    Sec. 4300.41  What will the permit say about the number of reindeer and 
    where I can graze them?
    
        (a) The permit will indicate the maximum number of reindeer you can 
    graze on the permit area based on range conditions. BLM can adjust this 
    number if range conditions change, as for example, by natural causes, 
    overgrazing, or fire.
        (b) The permit will restrict grazing to a definitely described area 
    which BLM feels is usable and adequate for your needs.
    
    
    Sec. 4300.42  If I have existing improvements on the land, will these 
    be allowed in the initial permit?
    
        Yes, any improvements existing on the land will be allowed.
    
    
    Sec. 4300.43  What should I do if I want to construct and maintain 
    improvements on the land?
    
        (a) You should file an application (Form 4120-7) with BLM for a 
    permit to do this. A permit will allow you to construct, maintain, and 
    use any fence, building, corral, reservoir, well or other improvement 
    needed for grazing under the grazing permit; and
        (b) You must comply with Alaska state law in the construction and 
    maintenance of fences, but any fence must be constructed to permit 
    ingress and egress of miners, mineral prospectors, and other persons 
    entitled to enter the area for lawful purposes.
    
    
    Sec. 4300.44  Are there any major restrictions on my grazing permit 
    that I might otherwise think are allowed?
    
        Yes. You must not:
        (a) Enclose roads, trails and highways as to disturb public travel 
    there;
        (b) Interfere with existing communication lines or other 
    improvements;
        (c) Prevent legal hunting, fishing or trapping on the land;
        (d) Prevent access by persons, such as miners and mineral 
    prospectors, entitled to lawfully enter; or
        (e) Graze reindeer without complying with applicable State and 
    Federal laws on livestock quarantine and sanitation.
    
    
    Sec. 4300.45  Must I submit any reports?
    
        Yes. Before April 1 of the second permit year and each year 
    afterwards, you must submit a report in duplicate to BLM which 
    describes your grazing operations during the preceding year. Reports do 
    not have to be on a BLM-approved form nor in a particular format.
    
    Changes That Can Affect Your Permit
    
    Other Uses of the Land
    
    
    Sec. 4300.50  Are there other uses of the land that may affect my 
    permit?
    
        Yes. The lands described in your grazing permit and the subsurface 
    can be affected by uses that BLM considers more important than grazing. 
    Your permit can be modified or reduced in size or canceled by BLM to 
    allow for:
        (a) Protection, development and use of the natural resources, e.g., 
    minerals, timber, and water, under applicable laws and regulations;
        (b) Agricultural use;
        (c) Applications for and the acquisition of homesites, easements, 
    permits, leases or other rights and uses, or any disposal or 
    withdrawal, under the applicable public land laws; or
        (d) Temporary closing of portions of the permitted area to grazing 
    whenever, because of improper handling of reindeer, overgrazing, fire 
    or other cause, BLM judges this necessary to restore the range to its 
    normal condition.
    
    
    Sec. 4300.51  Will I be notified if another use, disposal or withdrawal 
    occurs on the land?
    
        Yes. If there is a settlement, location, entry, disposal, or 
    withdrawal on any lands described in your permit, BLM will notify you 
    and will reduce your permit area by the amount of the area involved.
    
    
    Sec. 4300.52  Can other persons use the land in my permit for mineral 
    exploration or production?
    
        Yes. Unless the land is otherwise withdrawn, the land in your 
    permit is subject to lease or leasing under the mineral leasing laws 
    and under the Geothermal Steam Act, and mineral materials disposal 
    under the Materials Act. Also, it can be prospected, located, and 
    purchased under the mining laws and applicable regulations at 43 CFR 
    Group 3800.
    
    Changes in the Size of the Permit Area
    
    
    Sec. 4300.53  Can BLM reduce the size of the land in my permit?
    
        Yes. BLM may reduce it at any time but must notify you at least 30 
    days before taking this action. BLM can reduce the area when:
        (a) BLM determines that the area is too large for the number of 
    reindeer you are grazing; or
        (b) When disposal, withdrawal, natural causes, such as drought or 
    fire, or any other reason in Sec. 4300.50 so requires.
    
    
    Sec. 4300.54  Can BLM increase the size of the land in my permit?
    
        Yes. BLM may increase the area on its own initiative or by your 
    request if BLM determines that the area is too small for the number of 
    reindeer you are grazing. BLM will give you at least 30 days' notice of 
    this action.
    
    
    Sec. 4300.55  What if I don't agree with an adjustment of my permit 
    area?
    
        You must contact BLM within the notice period to show cause why the 
    area should not be adjusted. After the BLM field office manager makes a 
    decision on the adjustment, you have the right to appeal that decision 
    to the Interior Board of Land Appeals (IBLA) under 43 CFR part 4. The 
    IBLA makes the final decision.
    
    Permit Renewals
    
    
    Sec. 4300.57  How do I apply for a renewal of my permit?
    
        You must submit an application for renewal, using the same form as 
    the original application, between four and eight months before the 
    permit expires. A $10 filing fee must accompany the application.
    
    
    Sec. 4300.58  Will the renewed permit be exactly the same as the old 
    permit?
    
        At its discretion, BLM may offer you a renewed grazing permit with 
    such terms, conditions, and duration that it determines are in the 
    public interest.
    
    Assigning Your Permit to Another Party
    
    
    Sec. 4300.59  If I want to assign my permit to another party, when must 
    I notify BLM?
    
        You must file a proposed assignment of your permit, in whole or in 
    part, in duplicate with BLM within 90 days of the assignment execution 
    date. No particular format is required. The assignment is effective 
    when BLM approves it.
    
    
    Sec. 4300.60  What must be included in my assignment document?
    
        Assignments must contain:
        (a) All terms and conditions agreed to by the parties;
        (b) A showing under Secs. 4300.11 and 4300.12 that the assignee is 
    qualified to hold a permit;
        (c) A showing under Sec. 4300.21(a) regarding a reindeer allotment; 
    and
        (d) The assignee's statement agreeing to be bound by the provisions 
    of the permit.
    
    [[Page 55553]]
    
    Sec. 4300.61  Can I sublease any part of the land in my permit?
    
        No.
    
    Closing Out Your Permit
    
    
    Sec. 4300.70  May I relinquish my permit?
    
        Yes. You may relinquish the permit by filing advance written notice 
    with BLM. Your relinquishment will be effective on the date you 
    indicate, as long as it is at least 30 days after the date you file.
    
    
    Sec. 4300.71  Under what circumstances can BLM modify, reduce or cancel 
    my permit?
    
        (a) BLM may cancel the permit if:
        (1) BLM issued it improperly through error as to a material fact;
        (2) You fail to comply with any of the provisions of the permit or 
    the regulations of this part; or
        (3) Disposal, withdrawal, natural causes, such as drought or fire, 
    or any other reason in Sec. 4300.50 so requires.
        (b) BLM will not cancel the permit for failure to comply until BLM 
    has notified you in writing of the nature of your noncompliance, and 
    you have been given at least 30 days to show why BLM should not cancel 
    your permit.
        (c) BLM may modify or reduce a permit in accordance with 
    Sec. 4300.50.
    
    
    Sec. 4300.72  May I remove my personal property or improvements when 
    the permit expires or terminates?
    
        (a) Yes. Within 90 days of the expiration or termination of the 
    grazing permit, or within any extension period, you may remove all your 
    personal property and any removable range improvements you own, such as 
    fences, corrals, and buildings.
        (b) Property that is not removed within the time allowed will 
    become property of the United States.
    
    Reindeer Crossing Permits
    
    
    Sec. 4300.80  How can I get a permit to cross reindeer over public 
    lands?
    
        (a) BLM may issue a crossing permit free of charge when you file an 
    application with BLM at least 30 days before the crossing is to begin. 
    Lands crossed may include lands under a grazing permit.
        (b) The application does not have to be on a BLM-approved form nor 
    in a particular format, but it must show:
        (1) The number of reindeer to be driven;
        (2) The start date;
        (3) The approximate period of time required for the crossing; and
        (4) The land to be crossed.
        (c) You must comply with applicable State and Federal laws on 
    livestock quarantine and sanitation when crossing reindeer on public 
    land.
    
    Trespass
    
    
    Sec. 4300.90  What is a trespass?
    
        (a) A trespass is any use of Federal land for reindeer grazing 
    purposes without a valid permit issued under the regulations of this 
    part; a trespass is unlawful and is prohibited.
        (b) Any person who willfully violates the regulations in this part 
    will be deemed guilty of a misdemeanor, and upon conviction is 
    punishable by imprisonment for not more than one year, or by a fine of 
    not more than $500.
    
    [FR Doc. 98-27758 Filed 10-15-98; 8:45 am]
    BILLING CODE 4310-84-P
    
    
    

Document Information

Effective Date:
11/16/1998
Published:
10/16/1998
Department:
Land Management Bureau
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-27758
Dates:
Effective November 16, 1998.
Pages:
55548-55553 (6 pages)
Docket Numbers:
WO-420-1050-00-24
RINs:
1004-AD06: Grazing Administration: Alaska; Reindeer
RIN Links:
https://www.federalregister.gov/regulations/1004-AD06/grazing-administration-alaska-reindeer
PDF File:
98-27758.pdf
CFR: (35)
43 CFR 4300.90(a)
43 CFR 4300.1
43 CFR 4300.2
43 CFR 4300.10
43 CFR 4300.11
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