[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Proposed Rules]
[Pages 56497-56501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27581]
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DEPARTMENT OF THE INTERIOR
43 CFR Part 4300
[WO-420-1050-00-24]
RIN 1004-AC70
Grazing Administration; Alaska Reindeer
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (``BLM'') proposes to revise the
regulations at 43 CFR 4300, which provide for the administration of
permits for grazing reindeer in Alaska. Part 4300 explains to the
public how to apply for permits and what a permit entitles a person to
do. BLM proposes to translate the current part 4300 regulations into
plain English and with few exceptions, would not change the substance
of the regulations.
DATES: Comments: Submit comments by December 2, 1996. BLM will consider
comments received or postmarked on or before this date.
ADDRESSES: Comments: You may hand-deliver your comments to the Bureau
of Land Management, Administrative Record, Room 401, 1620 L St., NW.,
Washington, DC; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC
20240. You may transmit comments electronically via the Internet to:
[email protected] Please include ``Attn: AC70'' and your
name and address in your message. If you do not receive a confirmation
from the system that we have received your Internet message, contact us
directly.
FOR FURTHER INFORMATION CONTACT: Olivia Short, (202) 452-0345
(Commercial or FTS).
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Written Comments
Your written comments on the proposed rule should be specific,
should be confined to issues pertinent to the proposed rule, and should
explain the reason for any recommended change. Where possible, you
should reference the specific section or paragraph of the proposal that
you are addressing.
II. Background
The current part 4300 regulations were written in order to carry
into effect
[[Page 56498]]
the provisions of the Act of September 1, 1937 (50 Stat. 900; 25 U.S.C.
500, et seq.) (``The Act''). The Act authorized the Secretary of the
Interior to manage the reindeer industry in Alaska for the purpose of
maintaining a self-sustaining industry for natives of Alaska. The Act
also authorized the Secretary to issue permits to natives for grazing
reindeer on public lands.
III. Discussion of Proposed Rule
This proposed rule is a rewriting of the present regulations into
Plain English. Plain English is a method of writing and formatting
which is designed to add significant clarity to formerly bureaucratic
and convoluted language. Plain English allows both the public and the
administering agency to fully understand the requirements each is
obliged to follow. BLM has arranged the proposed rule in a question and
answer format, with a new numbering of sections. This will make it
easier for the public to locate the sections that concern them. Few
changes in policy or requirements have been made in this proposed rule,
but BLM has clarified several matters. A new definition of reindeer has
been added. The new definition combines the old definition with a
statement that clarifies the reindeer's relationship to wild caribou.
The proposed rule states that a $10 application fee is paid for each
year of the permit. This seems like a new requirement because the
existing part 4300 regulations do not specify that the fee must be paid
for each year. Actually, it has long been a BLM procedure to charge
herders an annual fee in order to cover the administrative costs of
processing the applications. Reasons for cancellation of a permit are
expanded to include those reasons currently used by BLM to reduce or
modify a permit.
IV. Procedural Matters
National Environmental Policy Act
BLM has determined that this proposed 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 proposed 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 proposed rule qualifies as a categorical exclusion under item
1.10 for regulations of an administrative, financial, legal, technical,
or procedural nature. The publication of this proposed rule does not
change the rights of customers who may file applications and has no
impact on the environment. The rule, when final, will simplify the
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 the
proposed rule to the Office of Management and Budget for approval as 44
U.S.C. 3501 et seq requires. BLM will not require collection of this
information until the Office of Management and Budget has given its
approval.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 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.
BLM has determined that this proposed rule would not have a significant
economic impact on a substantial number of small entities under the RFA
(5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
BLM has determined that this proposed rule will not result in the
expenditure by State, local or tribal governments, in the aggregate, or
by the private sector, of $100 million or more in any one year.
Executive Order 12612
The proposed rule would 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, BLM has determined that this
proposed rule does not have sufficient federalism implications to
warrant preparation of a Federalism assessment.
Executive Order 12630
The proposed rule does not represent a government action that would
interfere with constitutionally protected property rights or result in
a taking of private property.
Executive Order 12866
BLM has determined that the proposed rule is not a significant
regulatory action under section 3(f) of Executive Order 12866. The rule
is, therefore, not subject to review by the Office of Management and
Budget under section 6(a)(3) of that 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 Olivia Short, Bureau of Land
Management, Regulatory Management Team, 1849 C Street, NW., Washington,
DC 20240, Telephone 202-452-0345 (Commercial or FTS).
List of Subjects in 43 CFR Part 4300
Administrative practice and procedure, Alaska, Grazing lands, Land
Management Bureau, Range Management, Reindeer, Reporting and
recordkeeping requirements.
For the reason set forth above, and under the authority of 25 U.S.C
500k, BLM proposes to revise 43 CFR part 4300 to read as follows:
Dated: October 21, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
General Information
Sec. 4300.1 What is a reindeer?
Sec. 4300.2 Is there a special form for my application?
Before you apply for a reindeer grazing permit
Sec. 4300.10 On what types of public land can I obtain a reindeer
grazing permit?
Sec. 4300.11 Who qualifies to apply for a permit?
Sec. 4300.12 What is the definition of a native?
Applying for a grazing permit
Sec. 4300.20 How do I apply for a permit?
Sec. 4300.21 What must I include in my application?
Sec. 4300.22 What fees must I pay?
Sec. 4300.23 After I file my application, can I use the land before
BLM issues my permit?
[[Page 56499]]
Sec. 4300.24 Does my filed application mean that no one else can
file an application?
Sec. 4300.25 Does my filed application mean I will automatically
receive a permit?
Protests against a grazing permit application
Sec. 4300.30 Can someone else protest my permit application?
Conditions of your approved permit
Sec. 4300.40 How long can I graze reindeer with my permit?
Sec. 4300.41 What will the permit say about the number of reindeer
and where I can graze them?
Sec. 4300.42 If I have existing improvements on the land, will
these be allowed in the initial permit?
Sec. 4300.43 What should I do if I want to construct and maintain
improvements on the land?
Sec. 4300.44 Are there any major restrictions on my grazing permit
that I might otherwise think are allowed?
Sec. 4300.45 Must I submit any reports?
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?
Sec. 4300.51 Will I be notified if another use, disposal, or
withdrawal occurs on the land?
Sec. 4300.52 Can other persons use the land in my permit for
mineral exploration or production?
Changes in the size of the permitted area
Sec. 4300.53 Can BLM reduce the size of the land in my permit?
Sec. 4300.54 Can BLM increase the size of the land in my permit?
Sec. 4300.55 What if I don't agree with an adjustment of my permit
area?
Permit renewals
Sec. 4300.57 How do I apply for a renewal of my permit?
Sec. 4300.58 Will the renewed permit be exactly the same as the old
permit?
Assigning your permit to another party
Sec. 4300.59 If I want to assign my permit to another party, when
must I notify BLM?
Sec. 4300.60 What must be included in my assignment document?
Sec. 4300.61 Can I sublease any part of the land in my permit?
Closing out your permit
Sec. 4300.70 May I relinquish my permit?
Sec. 4300.71 Under what circumstances can BLM cancel my permit?
Sec. 4300.72 May I remove my personal property or improvements when
the permit expires or terminates?
Reindeer crossing permit
Sec. 4300.80 How can I get a permit to cross reindeer over public
lands?
Trespass
Sec. 4300.90 What is a trespass?
PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
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 and reports you submit to BLM must be on a BLM-
approved form and in duplicate.
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 which the two
agencies agree.
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 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 per year 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.
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 permit at its discretion.
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. This protest 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
[[Page 56500]]
(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.
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 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.
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 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.
Permit renewals
Sec. 4300.57 How do I apply for a renewal of my permit?
You must submit an application for renewal between four and eight
months before the permit expires. In addition, you must include a $10
filing fee per year.
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. 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.
Sec. 4300.61 Can I sublease any part of the land in my permit?
No.
[[Page 56501]]
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 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 your default until BLM has
notified you in writing of the nature of your default, and you have
been given at least 30 days to show why BLM should not cancel your
permit.
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 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
shall 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. 96-27581 Filed 10-31-96; 8:45 am]
BILLING CODE 4310-84-P
