[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38469-38470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18787]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-930-1020-04-WEED]
Notice of Final Supplementary Rules to Require the Use of
Certified Noxious Weed-Free Forage on Bureau of Land Management-
Administered Lands in Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of final supplementary rules to require the use of
certified noxious weed-free forage on Bureau of Land Management-
administered lands in Colorado.
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SUMMARY: Beginning August 1, 1996, The State Director of the Bureau of
Land Management (BLM) in Colorado will require that all BLM visitors
and permittees in Colorado use certified noxious weed-free hay, straw,
or mulch when visiting BLM administered lands in Colorado. This
requirement affects
[[Page 38470]]
visitors who use hay or straw on the BLM administered lands in Colorado
such as: Recreationists using pack and saddle stock, ranchers with
grazing permits, outfitters, and contractors who use straw or other
mulch for reseeding purposes. These individuals or groups are 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 Colorado. During the first year BLM will
emphasize education and awareness of the new regulation and the
certification program.
FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Colorado
State Office, Carol Spurrier, Resource Services, Plant and Animal
Sciences Team, 2850 Youngfield Street, Lakewood, CO 80215, or telephone
(303) 239-3725.
SUPPLEMENTARY INFORMATION: BLM Colorado published a Notice of Proposed
Supplementary Rules on February 1, 1996, in the Federal Register. That
notice listed a thirty day comment period. Thirty-three people
commented on the proposal. Twenty four of those comments were from
people who supported the proposal. Nonsupportive comments were
addressed in an Environmental Assessment of the proposed supplementary
rule. The Environmental Assessment, Finding of No Significant Impact
(FONSI), and Decision Record are available in the Public Room of the
Colorado State Office between 9 a.m. and 4 p.m., Monday through Friday.
The Public Room telephone number is (303) 239-3600. The address is 2850
Youngfield Street, Lakewood, CO 80215-7076.
Noxious 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 lands and 4,600 acres per day on all
western public lands. Species like Leafy Spurge, 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 reforestation 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. Because hay and other forage
products containing noxious weed seed are part of the infestation
problem, Colorado has developed a state hay inspection-certification-
identification process, participates in a regional inspection-
certification-identification process, and encourages forage producers
in Colorado to grow noxious weed-free products. The Colorado Department
of Agriculture Division of Plant Industry has documented that in the
first two years of the program, 101 growers in Colorado produced
5,547.49 acres of certified forage including grass hay, alfalfa hay, a
mixture of grass and alfalfa hay, as well as barley and wheat straw as
of October 30, 1995.
Region Two of the United States Forest Service, Department of
Agriculture, implemented a similar policy for National Forest lands in
Colorado and surrounding states 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 Colorado and will provide for coordinated
management with National Forest lands across jurisdictional lines.
In cooperation with the state of Colorado and the U.S. Forest
Service, the BLM is proposing--for all BLM administered lands within
Colorado--a ban on hay, straw or mulch that has not been certified.
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. During the first year of implementing this new
regulation, BLM will emphasize education and awareness of the
regulation and the certification program. After the first year, BLM
will emphasize enforcement of the new regulation.
These supplementary rules will not appear in the Code of Federal
Regulations.
The principal author of these proposed supplementary rules is Carol
Spurrier, Botanist, of the Colorado State Office, BLM.
For the reasons stated above, under the authority of 43 CFR 8365.1-
6, the Colorado State Office, BLM, finalizes 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 Colorado
(a)(1) To prevent the spread of weeds on BLM-administered lands in
Colorado, effective August 1, 1996, all BLM lands within the state of
Colorado, 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 Standards'' jointly
developed by the states of Colorado, Idaho, Montana, Utah, Wyoming, and
Nebraska for noxious weed seed free and noxious weed free forage.
(3) The following persons are exempt from this order: anyone with a
permit signed by BLM's authorized officer at the Resource Area Office
specifically authorizing the use of noncertified hay, straw or mulch
within that Resource 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 Colorado, without authorization required, 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
Sec. 1733(a).
Dated: July 12, 1996.
Robert V. Abbey,
Associate State Director, Bureau of Land Management, Colorado.
[FR Doc. 96-18787 Filed 7-23-96; 8:45 am]
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