Grazing Administration, Exclusive of Alaska; Development and Completion of Standards and Guidelines; Implementation of Fallback Standards and Guidelines

[email protected]. [For Internet,

include ``Attn: AB89'', and your name and return address.] You may also

hand deliver comments to the Bureau of Land Management Administrative

Record, Room 401, 1620 L Street, NW, Washington, DC. Comments will be

available for public review at the L Street address during regular

business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except

Holidays.

FOR FURTHER INFORMATION CONTACT:

Tim Salt, (202) 208-4896.

SUPPLEMENTARY INFORMATION:

I. Introduction

The current regulations at 43 CFR Sec. 4180.2 require the BLM State

Director to develop State or regional standards and guidelines. These

standards and guidelines are being developed at the State or regional

level, in consultation with affected RACs to reflect local resource

conditions and management practices. The standards and guidelines will

reflect properly functioning conditions, or those conditions which must

be met to ensure sustainability and healthy productive ecosystems and

outline best management practices to achieve standards. They will

provide the basis for evaluation of rangeland health and subsequent

corrective actions. The regulations further provide that in the event

State or regional standards and guidelines are not completed and in

effect by February 12, 1997, fallback standards and guidelines

described in the regulations will go into effect.

The proposed amendment to 43 CFR 4180.2(f) would give the Secretary

discretion to postpone the implementation of the fall back standards

and guidelines for up to six months. The regulation currently provides

that the fallback standards and guidelines automatically go into effect

on February 12, 1997, if State or regional standards and guidelines are

not completed and in effect by that date. The Department promulgated

this provision after receiving comments proposing various timeframes,

ranging up to 24 months, for the completion of standards and

guidelines

nths. The regulation currently provides

that the fallback standards and guidelines automatically go into effect

on February 12, 1997, if State or regional standards and guidelines are

not completed and in effect by that date. The Department promulgated

this provision after receiving comments proposing various timeframes,

ranging up to 24 months, for the completion of standards and

guidelines. The Department concluded in the final environmental impact

statement that 18 months was ``an ambitious but realistic'' timeframe.

The Department of the Interior and Department of Agriculture, Rangeland

Reform `94, Final Environmental Impact Statement 56 (1994). Similarly,

the Department stated in the Preamble to the Final Rule that existing

information and NEPA tiering procedures would enable BLM State

Directors to complete the standards and guidelines within 18 months.

The Department is proposing this change now because it has become

apparent that development of State or regional standards and guidelines

might, in some instances, require longer than the 18-month period

provided in the regulation.

This discretion to grant up to a six-month extension would ensure

that BLM State Directors, working with RACs and the public, will have

adequate time to develop appropriate State or regional standard and

guidelines. In developing this proposed amendment, the Department

considered the benefits of efficient rangeland administration,

effective public participation and possible impacts resulting from a

minor delay. The Department believes that six months is an appropriate

maximum period of extension. The Department seeks comment on whether

this is a sufficient period of time or if additional time should be

made available. Postponing implementation of the fallback standards and

guidelines will enhance the efficient administration and promote the

long-term health of public rangelands for two primary reasons

e Department believes that six months is an appropriate

maximum period of extension. The Department seeks comment on whether

this is a sufficient period of time or if additional time should be

made available. Postponing implementation of the fallback standards and

guidelines will enhance the efficient administration and promote the

long-term health of public rangelands for two primary reasons. First,

where locally developed standards and guidelines are nearly complete,

implementation of the more general fallback standards and guidelines on

a short term interim basis would be likely to create confusion and

increase administrative costs. Second, postponing implementation of the

fallback measures will allow the Department of achieve its commitment

to improving public land management through a collaborative process

that utilizes RACs recommendations, local public input and

consideration of State or regional public rangelands issues. The

Department expects that the amendment will not have a significant

impact on the environment since postponement of the fallback standards

and guidelines would be for a limited period up to six months.

Furthermore, the Department does not anticipate that every BLM State

Director would need a postponement.

In determining whether to grant a postponement, the Secretary would

evaluate whether the requested postponement would promote

administrative efficiencies and long-term rangeland health. The

Secretary might consider such factors as the scheduled timing for

completion of the State or regional standards and guidelines, whether

the delay would promote the efficient administration, use and

protection of the public rangelands, or other factors the Secretary

deems relevant.

The proposed rule would permit the Secretary the flexibility to

postpone implementation of the fallback standards and guidelines when

the State or regional standards and guidelines are nearly complete

e or regional standards and guidelines, whether

the delay would promote the efficient administration, use and

protection of the public rangelands, or other factors the Secretary

deems relevant.

The proposed rule would permit the Secretary the flexibility to

postpone implementation of the fallback standards and guidelines when

the State or regional standards and guidelines are nearly complete.

Implementing different sets of standards and guidelines in rapid

succession would produce confusion, uncertainty and increased

administrative costs. Furthermore, the Secretary would retain

discretion to deny a postponement and implement the fallback standards

and guidelines when the State or regional standards and guidelines are

far from completion or when a postponement would not promote long-term

rangeland health.

II. Procedural Matters

National Environmental Policy Act

The BLM is analyzing the impacts of this proposed rule in

accordance with section 102(2)(C) of the National Environmental Policy

Act of 9169 (NEPA) [42 U.S.C. 4332(C)]. The BLM anticipates the

proposed rule will not have a significant impact on the quality of the

human environment, and therefore, preparation of an Environmental

Impact Statement would not be necessary. The final rule will be

accompanied by the appropriate NEPA documentation.

Executive Order 12630

The BLM has analyzed the takings implications and concluded that

this proposed rule does not present a risk of a taking of

constitutionally protected private property rights.

Executive Order 12866

The BLM has determined that this proposed rule is not a significant

regulatory action under section 3(f) of Executive Order 12866 and does

not require an assessment of potential costs and benefits under section

6(a)(3) of that order. It has been exempted from review by the Office

of Management and Budget under that order.

Regulatory Flexibility Analysis

operty rights.

Executive Order 12866

The BLM has determined that this proposed rule is not a significant

regulatory action under section 3(f) of Executive Order 12866 and does

not require an assessment of potential costs and benefits under section

6(a)(3) of that order. It has been exempted from review by the Office

of Management and Budget under that order.

Regulatory Flexibility Analysis

The proposed rule will not have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act [5 U.S.C. 601 et seq.].

Federal Paperwork Reduction Act

This rulemaking does not contain information collection

requirements that require approval by the Office of Management and

Budget under 44 U.S.C. 3501 et seq.

Author

The principal author of this proposed rule is Tim Salt, Western

Rangelands Team, BLM.

List of Subjects in 43 CFR Part 4100

Administrative practice and procedure, Grazing lands, Livestock,

Penalties, Range management, Reporting and recordkeeping requirements.

For the reasons stated in the preamble and under the authority of

43 U.S.C. 1740, subpart 4180, part 4100, group 4100, subchapter D, of

subtitle B of chapter II of Title 43 of the Code of Federal Regulations

is proposed to be amended as set forth below:

PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA

1. The authority citation for part 4100 continues to read as

follows:

Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

Subpart 4180--Fundamentals of Rangeland Health and Standards and

Guidelines for Grazing Administration

2. Section 4180.2(f) introductory text is revised to read as

follows:

Sec. 4180.2 Standards and guidelines for grazing administration.

* * * * *

-EXCLUSIVE OF ALASKA

1. The authority citation for part 4100 continues to read as

follows:

Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

Subpart 4180--Fundamentals of Rangeland Health and Standards and

Guidelines for Grazing Administration

2. Section 4180.2(f) introductory text is revised to read as

follows:

Sec. 4180.2 Standards and guidelines for grazing administration.

* * * * *

(f) In the event that State or regional standards and guidelines

are not completed and in effect by February 12, 1997, and until such

time as State or regional standards and guidelines are developed and in

effect, the following standards provided in paragraph (f)(1) of this

section and guidelines provided in paragraph (f)(2) of this section

shall apply and will be implemented in accordance with paragraph (c) of

this section. However, the Secretary may grant, upon referral by the

BLM of a formal recommendation by a resource advisory council, a

postponement of the February 12, 1997, fallback standards and

guidelines implementation date, not to exceed the six-month period

ending August 12, 1997. In determining whether to grant a postponement,

the Secretary will consider, among other factors, long-term rangeland

health and administrative efficiencies.

* * * * *

Dated: August 15, 1996.

Sylvia V. Baca,

Acting Assistant Secretary, Land and Minerals Management.

[FR Doc. 96-21994 Filed 8-28-96; 8:45 am]

BILLING CODE 4310-84-M