Environmental statements; availability, etc.: free forage use on BLM lands,

[Federal Register: September 29, 1999 (Volume 64, Number 188)]

[Notices]

[Page 52518-52519]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29se99-76]

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-963-1020-04-WEED]

Certified Noxious Weed-Free Forage, ND

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notice of final supplementary rules to require the use of certified noxious weed-free forage on BLM-administered lands in North Dakota.

SUMMARY: The North Dakota Field Office of the BLM recently prepared an environmental assessment (EA) documenting the analysis of two alternatives for managing noxious weeds on public lands in North Dakota. The EA's proposed action consisted of a supplementary rule under 43 CFR 8365.1-6 to require the use of certified noxious weed-free forage on those public lands. Forage subject to this supplementary rule would include hay, straw, cubes, grains, and mulch. The Field Manager of the BLM's North Dakota Field Office has issued a decision record stating the EA's proposed action will not have any significant impact on the human environment and that an environmental impact statement is not required. Therefore, the Field Manager is requiring that public land users, including local, State, or Federal government agents conducting administrative activities, recreationists using pack and saddle stock, and contractors using straw or other mulch for reseeding purposes, use certified noxious weed-free forage products, or other approved products such as pelletized feed, while on the approximately 60,000 acres of BLM administered public lands in North Dakota. Copies of the EA, Finding of No Significant Impact, and Decision Record are available at the BLM North Dakota Field Office in Dickinson, ND.

There were no comments on the Notice of Proposed Supplementary Rules To Require the Use of Certified Noxious Weed-Free Forage on BLM Administered Lands in North Dakota, placed in the Federal Register dated June 17, 1999.

EFFECTIVE DATE: The Final Supplementary Rules will be effective October 29, 1999 and will remain in effect until modified or rescinded by the Authorized Officer.

FOR FURTHER INFORMATION CONTACT: BLM--North Dakota Field Office, Don Rufledt, Natural Resource Specialist, 2933 3rd Ave. W., Dickinson, ND

[[Page 52519]]

58601-2619, or telephone (701) 225-9148.

SUPPLEMENTARY INFORMATION: 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 such as leafy spurge, Canada thistle, spotted knapweed, Russian knapweed, musk thistle, and many others are alien to the United States and, at least initially, have no natural enemies to keep their populations in balance. Consequently, these weeds invade healthy ecosystems, displace native vegetation, reduce species diversity, and damage wildlife habitat. Widespread infestations can lead to soil erosion and stream sedimentation. Furthermore, noxious weed invasions 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 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 seeds are part of the infestation problem, North Dakota has developed a program to certify weed-free forage. The State encourages forage producers to grow noxious weed-free products and have them certified.

Region One of the United States Forest Service, Department of Agriculture, implemented a similar policy for the National Grasslands in North Dakota in 1998. This proposal will provide a standard supplementary regulation for all users of BLM-administered public lands in North Dakota and will provide for coordinated and consistent management with the National Forest Grasslands.

In cooperation with the State of North Dakota and the U.S. Forest Service, the BLM is implementing, for all BLM-administered lands within North Dakota, a ban on hay, straw, cubes, grains, or mulch that has not been certified. This proposal will ensure that: (1) this ban is well publicized and understood. The BLM will stress education and awareness in 1999 and 2000 and move to implement enforcement in 2001; and (2) BLM visitors and land users will know where they can purchase state- certified hay and other forage products.

The principal author of these supplementary rules is Don Rufledt, Natural Resource Specialist, of the North Dakota Field Office, BLM.

For the reasons stated above, under the authority of 43 CFR 8365.1- 6, the North Dakota Field Manager, BLM, issues final supplementary rules to read: Supplementary Rules to Require the Use of Certified Noxious Weed-Free Forage on Bureau of Land Management-Administered Lands in North Dakota.

(1) To help prevent the spread of weeds on BLM-administered public lands in North Dakota, effective October 29, 1999, all such lands shall be closed to possessing, transporting or storing hay, straw, cubes, grains, or mulch that has not been certified as free of noxious weed seed. Pelletized feed does not require certification.

(2) Certification will comply with North Dakota's Pilot Weed-Free Forage Program. North Dakota's pilot program will certify forage as free of only those noxious weeds listed in North Dakota. Forage from other States should be free of all regionally listed noxious weeds.

(3) The following persons are exempt from this order: (a) anyone with a permit signed by BLM's authorized officer at the North Dakota Field Office specifically authorizing the prohibited act or omission on BLM-administered public lands within the state; (b) persons transporting forage products on Federal and State highways and county roads that are not BLM-developed roads or trails.

(4) Any person who knowingly and willfully violates the provisions of these supplementary 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 Section 1733(a).

Dated: September 15, 1999. Douglas J. Burger, Field Manager, Bureau of Land Management, North Dakota.

[FR Doc. 99-24875Filed9-28-99; 8:45 am]

BILLING CODE 4310-DN-P