[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Pages 54123-54124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27327]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[1020-04 MT-001-EA97]
Final Supplementary Rule Requiring the Use of Certified Noxious
Weed Seed-Free Forage on Public Lands in Montana and the Availability
of the Environmental Assessment, Decision Record, and Finding of No
Significant Impact for Implementation of Requirements for Weed Seed-
Free Forage on Public Lands in the Bureau of Land Management; Montana
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Montana State Office of the Bureau of Land Management
(BLM) recently prepared an environmental assessment (EA) documenting
the analysis of two alternatives for managing noxious weeds on public
lands in Montana. The EA's proposed action consisted of a supplementary
rule under 43 CFR 8365.1-6 to require the use of certified noxious weed
seed-free forage on those public lands. Forage subject to this rule
would include hay, grains, cubes, pelletized feeds, straw, and mulch.
The State Director of the BLM's Montana State Office has issued a
decision record that the EA's proposed action and supplemental rule
will not have any significant impact on the human environment and that
an environmental impact statement is not required.
Therefore, the State Director is requiring that public land users,
including permittees and local, state, or federal government agents
conducting administrative activities, use certified noxious weed seed-
free forage on BLM-administered public lands in Montana.
Six people commented on the Proposed Supplementary Rule Requiring
the Use of Certified Noxious Weed Seed-Free Forage on Public Lands in
Montana, placed in the Federal Register dated March 28, 1997. The
comments are covered in the USDI, 43CFR4130.0-2, October 1, 1996,
concerning supplemental feeding on BLM-administered lands.
Montana encompasses approximately 8,069,002 acres of public land
administered by BLM. This rule will affect public land users who use
hay or other forage products on the BLM-administered public lands in
Montana such as recreationists using pack and saddle stock, ranchers
with grazing permits, outfitters, and contractors who use straw or
other mulch for reclamation purposes. These individuals or groups would
be required to use only certified noxious weed seed-free forage
products, while on BLM-administered public lands in Montana.
EFFECTIVE DATES: The rule will become effective November 17, 1997 and
will remain in effect until modified or rescinded by the Authorized
Officer.
FOR FURTHER INFORMATION CONTACT: Hank McNeel, Weed Management
Specialist, BLM Montana State Office, P.O. Box 36800, Billings, MT
59107, 406 255-2931.
SUPPLEMENTARY INFORMATION: The EA is consistent with the land use plans
for Montana BLM.
Noxious and undesirable weeds are a serious problem in the western
United States. Estimates of the rapid spread of weeds in the West
include 2,300 acres per day on BLM-administered public lands and 4,600
acres per day on all federally-administered land in the West. Species
such as leafy spurge, spotted knapweed, Russian knapweed, musk thistle,
dalmatian toadflax, purple loosestrife, houndstoungue, and other non-
native noxious and undesirable weeds have no natural controls to keep
their populations in balance. Consequently, these weeds invade healthy
ecosystems, displace native vegetation, reduce species diversity, and
damage wildlife habitat. Widespread infestations lead to soil erosion
and stream sedimentation. Furthermore, noxious weed invasions weaken
revegetation efforts, reduce livestock and wildlife grazing capacity,
occasionally affect the health of public land users by aggravating
allergies and other ailments, and threaten federally-protected or
native plants and animals.
To help reduce the spread of noxious weeds, a number of Western
States are jointly developing noxious weed-free or weed seed-free
forage certification standards, and, in cooperation with various
federal, state, and county agencies, passed weed management laws.
Because hay and other forage products containing noxious weed seed are
part of the infestation problem, Montana has developed the Montana
Noxious Weed Seed Free Forage Program and the Regional Weed Free Forage
Certification Standards for crop inspection; a certification-
identification process; participates in a regional inspection
certification-identification process; and encourages forage producers
in Montana to grow noxious weed seed-free products and have them
certified.
Region I of the United States Forest Service, Department of
Agriculture, implemented a similar policy for all National Forest lands
in Montana in 1997. This proposal will provide a standard regulation
for all users of BLM-administered public lands in the Montana and will
provide for coordinated and consistent management with the U.S. Forest
Service.
In cooperation with the State of Montana and the U.S. Forest
Service, Montana State Office is implementing a ban of the use of
forage that has not been certified, on all BLM-administered lands
within Montana. This proposal includes public information to insure
that: (1) this ban is well publicized and understood, and (2) visitors
to and land users of public lands administered by the Montana BLM will
know where they can purchase state-certified hay and other forage
products.
These supplementary rules will not appear in the Code of Federal
Regulations. The principal author of these supplementary rules is Hank
McNeel, Weed Management Specialist, BLM Montana State Office.
For the reasons stated above, under the authority of 43 Code of
Federal Regulations 8365.1-6, the Montana State Director issues
supplementary rules to read: Supplementary Rules to Require the Use of
Certified Noxious Weed Seed-Free Forage on Bureau of Land Management-
Administered Public Lands in Montana.
1. To help prevent the spread of weeds on BLM-administered lands in
Montana, shall be closed to possessing, transporting or storing hay,
grain, cubed or pelletized products, straw, and mulch that has not been
certified as free of noxious weed seed.
2. Certification will comply with ``Montana Noxious Weed Seed Free
Forage Program and the Regional Weed Free Forage Certification
Standards Procedures Manual for Certification of: Hay, Pellets, Mulch,
Straw, Cubes and Feeds by the State of Montana
[[Page 54124]]
Department of Agriculture, Helena, Montana, April 1, 1997.
3. The possession or storage of hay, grain, straw, or cubedor
pelletized products that have an identifiable label as being certified
Noxious Weed and/or Noxious Weed Seed-Free by an authorized State or
County Department of Agriculture Official; the authorizing State must
be recognized as having a Noxious Weed Certification Program for
agronomic products; each individual bale or container must be tagged or
marked as weed or weed seed-free and reference the written
certification.
4. The following persons are exempt from this order: (1) Any person
with a permit signed by an authorized officer of the BLM's Montana
State Office or field offices within Montana, specifically authorizing
the prohibited act or omission within that resource area; (2) Persons
transporting forage products on Federal and State Highways and County
roads that are not BLM Development Road or Trails.
5. Any person who knowingly and willfully violates the provisions
of these supplemental rules may be commanded 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 United States Code 1733(a).
Dated: October 3, 1997.
Thomas P. Lonnie,
Deputy State Director, Division of Resources.
[FR Doc. 97-27327 Filed 10-16-97; 8:45 am]
BILLING CODE 4310-DN-P
