[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6579-6580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3165]
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DEPARTMENT OF INTERIOR
Bureau of Land Management
[UT-930-08-1020-00]
Notice of Proposed Supplementary Rule
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rule to require the use of
certified noxious weed-free forage on Bureau of Land Management (BLM)-
administered lands; in Utah. Prevention of the spread of noxious weeds
on BLM-administered lands in Utah.
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SUMMARY: The State Director of the Bureau of Land Management (BLM) in
Utah is proposing a requirement that all visitors and permittees using
BLM lands in Utah use certified noxious weed-free hay, straw, or mulch
when visiting the public lands. This requirement will affect visitors
who use hay, straw or mulch on the BLM-administered lands in Utah such
as: recreationists using pack and saddle stock, ranchers with grazing
permits, outfitters, guides, and permittees, lessees or contractors who
use straw or other mulch for reseeding purposes. These individuals or
groups would be required to purchase certified noxious weed-free forage
products, or use other approved products such as processed grains and
pellets while on BLM-administered lands in Utah.
DATES: Comments concerning the proposal should be received on or before
March 11, 1998.
ADDRESSES: Send written comments concerning the Utah requirement to:
State Director (930), USDI, Bureau of Land Management, P.O. Box 45155,
Salt Lake City, UT 84145-0155. Electronic mail comments will also be
received via: inet:lmaxfiel@ut.blm.gov.
FOR FURTHER INFORMATION CONTACT: Larry Maxfield, Rangeland Management
Specialist, Biological Resources, Division of Natural Resources, Bureau
of Land Management, Utah State Office, P.O. Box 45155, Salt Lake City,
UT 84145-0155, or phone (801-539-4059).
SUPPLEMENTARY INFORMATION: Noxious weeds are a serious problem in the
western United States. Estimates of the rapid spread of weeds in the
west
[[Page 6580]]
include 2,300 acres per day on BLM-administered lands and 4,500 acres
per day on all western public lands. Species like Leafy Spurge,
Squarrose Knapweed, Spotted Knapweed, Russian Knapweed, Musk Thistle,
Dalmatian Toadflax, Purple Loosestrife, and many others are alien to
the United States and have no natural enemies to keep their populations
in balance. Consequently, these undesirable weeds invade healthy
ecosystems, displace native vegetation, reduce species diversity, and
destroy wildlife habitat. Widespread infestations lead to soil erosion
and stream sedimentation. Furthermore, noxious weed invasions weaken
revegetation efforts, reduce domestic and wild ungulates' grazing
capacity, occasionally irritate public land users by aggravating
allergies and other ailments, and threaten federally-protected plants
and animals.
To curb the spread of noxious weeds, a growing number of western
states have jointly developed noxious weed-free forage certification
standards, and, in cooperation with various federal, state, and county
agencies, passed weed management laws. Utah BLM's Resource Advisory
Council developed guidelines requiring only hay cubes, hay pellets made
from weed free hay, or certified weed-free hay to be fed on BLM lands.
This guideline was approved by both the Utah BLM State Director and the
Secretary of the Interior in May, 1997. Because hay and other forage
products containing noxious weed seed are part of the infestation
problem, Utah has developed a state hay inspection-certification-
identification process, participates in a regional inspection-
certification-identification process and encourages forage producers in
Utah to grow noxious weed-free products.
The Intermountain and Rocky Mountain Regions of the United States
Forest Service, Department of Agriculture, have implemented similar
policies for National Forest lands in 1994. The BLM in Colorado
implemented a standard stipulation on all Special Recreation Permits in
1994 requiring holders of those permits to use certified weed-free
products. This proposal will provide a standard regulation for all
users of BLM lands in Utah and will provide for coordinated management
with National Forest lands across jurisdictional lines.
In cooperation with the State of Utah and the U.S. Forest Service,
Utah BLM is proposing a ban on hay, straw or mulch that has not been
certified weed free. This proposal includes a public information plan
to ensure that: (1) this ban is well publicized and understood; and (2)
BLM visitors and land users will know where they can purchase state-
certified hay or other products.
The supplementary rules will not appear in the Code of Federal
Regulations.
For the reasons stated above, under the authority of 43 CFR 8365.1-
5, the Utah State Office, BLM, proposes supplementary rules to read as
follows:
Supplementary Rules to Require the Use of Certified Noxious Weed-Free
Forage on Bureau of Land Management-Administered Lands in Utah
(a)(1) To prevent the spread of weeds on BLM-administered lands in
Utah, effective March 6, 1998, all BLM lands within the State of Utah,
at all times of the year, shall be closed to possessing or storing hay,
straw, or mulch that has not been certified as free of prohibited
noxious weed seed.
(2) Certification will comply with Regional ``Forage Certification
program for noxious weed seed-free forage and noxious weed-free
forage'', jointly developed by the States of Utah, Idaho, Montana,
Colorado, Wyoming, New Mexico, Arizona, and Nevada. A brochure called Q
& A about the Regional Forage Certification Program for Noxious Weed
Seed-Free Forage and Noxious Weed-Free Forage is available.
(3) The following persons are exempt from this order: anyone with
an unexpired permit signed by BLM's authorized officer at the Field
Office specifically authorizing the prohibited act or omission within
that Field Office Area.
(b) Any person who knowingly and willfully violates the provisions
of these supplemental rules regarding the use of noncertified noxious
weed-free hay, straw, or mulch when visiting Bureau of Land Management-
administered lands in Utah, without authorization required, may be
commanded to appear before a designated United States Magistrate and
may be subject to a fine of no more than $1,000 or imprisonment of not
more than 12 months, or both, as defined in 43 United States Code
1733(a).
Dated: January 30, 1998.
G. William Lamb,
Utah State Director.
[FR Doc. 98-3165 Filed 2-6-98; 8:45 am]
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