[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51853-51855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25974]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 4200
[WO-130-1820-00-241A]
RIN 1004-AC70
Grazing Administration; Alaska; Livestock
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Land Management (BLM) is removing the grazing
regulations which implement the livestock grazing program on BLM lands
in Alaska because they are obsolete. This action is necessary because
there are currently no livestock grazing operations under BLM's
program. We do not anticipate receiving any more applications. The
effect of this action is to eliminate the obsolete regulations covering
livestock grazing on BLM lands in Alaska. The amount of BLM lands
suitable for livestock grazing has decreased dramatically.
DATES: This rule is effective October 29, 1998.
FOR FURTHER INFORMATION CONTACT: Peggy Fox, Alaska State Office, Bureau
of Land Management, U.S. Department of the Interior, 222 West 7th
Avenue, #13, Anchorage, Alaska 99513-7599; Telephone (907) 271-3346
(Commercial or FTS).
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of the Final Rule and Response to Comments
III. Procedural Matters
I. Background
The current part 4200 regulations were written in order to carry
out the provisions of the Act of March 4, 1927, commonly known as the
Alaska Livestock Grazing Act (43 U.S.C. 316, 316a-316o) (Act). The Act
declared that it is Congressional policy to:
Promote the conservation of the natural resources of
Alaska;
Provide for the protection and development of forage
plants; and
Provide for the beneficial use of the land for grazing by
livestock.
The Act authorizes the Secretary of the Interior to lease to
qualified applicants grazing privileges on the grazing districts
established in Alaska. The Act states that the use of public lands in
Alaska for grazing must be subordinated to the following uses:
Development of the mineral resources;
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Protection, development, and use of forests;
Protection, development, and use of water resources;
Agriculture; and
Protection, development, and use of other resources that
may be of greater benefit to the public.
There are currently no grazing permit holders under BLM's livestock
grazing program in Alaska. BLM does not anticipate receiving any more
applications. The amount of BLM lands suitable for livestock grazing
has decreased dramatically because of Native and State of Alaska land
selections. The regulations at part 4200 are therefore unnecessary. The
part 4200 regulations are specific to Alaska and removing them would
have no effect on any other grazing regulations elsewhere in the United
States.
On March 20, 1998, (63 FR 13608) BLM published a proposed rule in
the Federal Register to remove the grazing regulations which implement
the livestock grazing program on BLM lands in Alaska because they are
obsolete. The 60-day comment period closed on May 19, 1998. BLM did not
receive any public comments. However, BLM did receive one internal
technical comment which we considered in finalizing the rule.
II. Discussion of Final Rule and Response To Comments
A. Legal Basis for the Final Rule
This action is necessary because there are currently no livestock
grazing permit holders under the part 4200 regulations. We do not
anticipate receiving any more applications. However, if there is a need
in the future for a livestock grazing permit, BLM still has the
authority to issue a livestock grazing permit. We will issue the
livestock grazing permit in accordance with the provisions of the
statute (Alaska Livestock Grazing Act, 43 U.S.C. 316, 316a-316o). The
effect of this action is to eliminate the obsolete regulations covering
livestock grazing on BLM lands in Alaska (43 U.S.C. 1701 et seq.).
B. General and Specific Comments
BLM did not receive any public comments to be considered or
included in the preparation of this final rule. We have modified the
proposed rule to eliminate any reference to how the BLM would respond
to future livestock grazing permit applications. Specifically, BLM has
revised the proposed rule to delete the following language: ``Due to a
lack of interest in the program, BLM removed these regulations. For
applicants wishing to apply for permits to graze livestock other than
reindeer, BLM may issue special use permits.''.
Accordingly, BLM is removing the part 4200 regulations and
replacing them with a statement that BLM continues to have the
authority to issue a livestock grazing permit if needed.
III. Procedural Matters
Executive Order 12866
This final rule is not a significant rule and was not subject to
review by the Office of Management and Budget under Executive Order
12866. This final rule will not have an effect of $100 million or more
on the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities.
The final rule merely removes the obsolete regulations covering
livestock grazing on BLM lands in Alaska. This final rule will not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency. This final rule does not alter the
budgetary effects or entitlements, grants, user fees, or loan programs
or the rights or obligations of their recipients. This final rule
merely fulfills the requirements of the Act, and does not raise novel
legal or policy issues.
Regulatory Flexibility Act
The Department certifies that this final rule will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final
rule will not have a significant economic impact on a number of small
entities because there are no livestock grazing permit holders at
present.
Small Business Regulatory Enforcement Fairness Act
The Department has determined that this final rule is not a major
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement
Fairness Act. This final rule is not a major rule because removal of 43
CFR part 4200 will not result in or affect the $100 million statutory
threshold.
Unfunded Mandates Reform Act
This final rule to remove 43 CFR part 4200 does not impose an
unfunded mandate on State, local, or tribal governments, or the private
sectors of more than $100 million per year. This final rule does not
have a significant or unique effect on State, local, or tribal
governments, or the private sector. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required. The final rule merely removes obsolete
regulations covering livestock grazing on BLM lands in Alaska.
Executive Order 12630
In accordance with Executive Order 12630, this final rule does not
have significant takings implications. A takings implications
assessment is not required. Since the final rule merely removes
obsolete regulations, there will be no private property rights impaired
as a result.
Executive Order 12612
In accordance with Executive Order 12612, the final rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This final rule does not impose any obligations
on any other Government nor preempt any regulatory authority of any
State.
Executive Order 12988
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this final rule does not unduly burden
the judicial system and meets the requirements of sections 3(a) and
3(b)(2) of the Order.
Paperwork Reduction Act
This rule does not contain information collection requirements that
the Office of Management and Budget must approve under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
National Environmental Policy Act
BLM has determined that the action of removing the Alaska livestock
grazing regulations will have no measurable effect on the human
environment. There are currently no grazing permit holders under BLM's
livestock grazing program. BLM considers this final rule an
administrative action to remove unnecessary regulations for a program
that is no longer used. Therefore, it 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. In addition, this 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 FR 1508.4) and the environmental
policies and procedures of the Department of the Interior, the term
``categorical exclusions'' means a category of actions which do not
individually or cumulatively have a
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significant effect on the human environment and that has 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.
Author. The principal author of this final rule is Shirlean Beshir,
Regulatory Affairs Group, Room 401LS, Bureau of Land Management, 1849 C
Street, NW, Washington, D.C. 20240; Telephone: (202) 452-5033
(Commercial or FTS).
List of Subjects in 43 CFR Part 4200
Administrative practice and procedure, Alaska, Grazing lands,
Livestock, Range management.
Dated: September 18, 1998.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
Accordingly, BLM under the authority of 43 U.S.C. 316n revises part
4200, Group 4200, Subchapter D, Chapter II of Title 43 of the Code of
Federal Regulations to read as follows:
PART 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
Authority: 43 U.S.C. 316, 316a-316o; 43 U.S.C. 1701 et seq.
Sec. 4200.1 Authority for grazing privileges.
The BLM is authorized under the Alaska Livestock Grazing Act (Act
of March 4, 1927, 43 U.S.C. 316, 316a-316o) to lease to qualified
applicants the grazing privileges on the grazing districts established
in Alaska.
[FR Doc. 98-25974 Filed 9-28-98; 8:45 am]
BILLING CODE 4310-84-P
