[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Pages 54123-54124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27327]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[1020-04 MT-001-EA97]


Final Supplementary Rule Requiring the Use of Certified Noxious 
Weed Seed-Free Forage on Public Lands in Montana and the Availability 
of the Environmental Assessment, Decision Record, and Finding of No 
Significant Impact for Implementation of Requirements for Weed Seed-
Free Forage on Public Lands in the Bureau of Land Management; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Montana State Office of the Bureau of Land Management 
(BLM) recently prepared an environmental assessment (EA) documenting 
the analysis of two alternatives for managing noxious weeds on public 
lands in Montana. The EA's proposed action consisted of a supplementary 
rule under 43 CFR 8365.1-6 to require the use of certified noxious weed 
seed-free forage on those public lands. Forage subject to this rule 
would include hay, grains, cubes, pelletized feeds, straw, and mulch. 
The State Director of the BLM's Montana State Office has issued a 
decision record that the EA's proposed action and supplemental rule 
will not have any significant impact on the human environment and that 
an environmental impact statement is not required.
    Therefore, the State Director is requiring that public land users, 
including permittees and local, state, or federal government agents 
conducting administrative activities, use certified noxious weed seed-
free forage on BLM-administered public lands in Montana.
    Six people commented on the Proposed Supplementary Rule Requiring 
the Use of Certified Noxious Weed Seed-Free Forage on Public Lands in 
Montana, placed in the Federal Register dated March 28, 1997. The 
comments are covered in the USDI, 43CFR4130.0-2, October 1, 1996, 
concerning supplemental feeding on BLM-administered lands.
    Montana encompasses approximately 8,069,002 acres of public land 
administered by BLM. This rule will affect public land users who use 
hay or other forage products on the BLM-administered public lands in 
Montana such as recreationists using pack and saddle stock, ranchers 
with grazing permits, outfitters, and contractors who use straw or 
other mulch for reclamation purposes. These individuals or groups would 
be required to use only certified noxious weed seed-free forage 
products, while on BLM-administered public lands in Montana.

EFFECTIVE DATES: The rule will become effective November 17, 1997 and 
will remain in effect until modified or rescinded by the Authorized 
Officer.

FOR FURTHER INFORMATION CONTACT: Hank McNeel, Weed Management 
Specialist, BLM Montana State Office, P.O. Box 36800, Billings, MT 
59107, 406 255-2931.

SUPPLEMENTARY INFORMATION: The EA is consistent with the land use plans 
for Montana BLM.
    Noxious and undesirable 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 public lands and 4,600 
acres per day on all federally-administered land in the West. Species 
such as leafy spurge, spotted knapweed, Russian knapweed, musk thistle, 
dalmatian toadflax, purple loosestrife, houndstoungue, and other non-
native noxious and undesirable weeds have no natural controls to keep 
their populations in balance. Consequently, these weeds invade healthy 
ecosystems, displace native vegetation, reduce species diversity, and 
damage wildlife habitat. Widespread infestations lead to soil erosion 
and stream sedimentation. Furthermore, noxious weed invasions weaken 
revegetation efforts, 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 help reduce the spread of noxious weeds, a number of Western 
States are jointly developing noxious weed-free or weed seed-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, Montana has developed the Montana 
Noxious Weed Seed Free Forage Program and the Regional Weed Free Forage 
Certification Standards for crop inspection; a certification-
identification process; participates in a regional inspection 
certification-identification process; and encourages forage producers 
in Montana to grow noxious weed seed-free products and have them 
certified.
    Region I of the United States Forest Service, Department of 
Agriculture, implemented a similar policy for all National Forest lands 
in Montana in 1997. This proposal will provide a standard regulation 
for all users of BLM-administered public lands in the Montana and will 
provide for coordinated and consistent management with the U.S. Forest 
Service.
    In cooperation with the State of Montana and the U.S. Forest 
Service, Montana State Office is implementing a ban of the use of 
forage that has not been certified, on all BLM-administered lands 
within Montana. This proposal includes public information to insure 
that: (1) this ban is well publicized and understood, and (2) visitors 
to and land users of public lands administered by the Montana BLM will 
know where they can purchase state-certified hay and other forage 
products.
    These supplementary rules will not appear in the Code of Federal 
Regulations. The principal author of these supplementary rules is Hank 
McNeel, Weed Management Specialist, BLM Montana State Office.
    For the reasons stated above, under the authority of 43 Code of 
Federal Regulations 8365.1-6, the Montana State Director issues 
supplementary rules to read: Supplementary Rules to Require the Use of 
Certified Noxious Weed Seed-Free Forage on Bureau of Land Management-
Administered Public Lands in Montana.
    1. To help prevent the spread of weeds on BLM-administered lands in 
Montana, shall be closed to possessing, transporting or storing hay, 
grain, cubed or pelletized products, straw, and mulch that has not been 
certified as free of noxious weed seed.
    2. Certification will comply with ``Montana Noxious Weed Seed Free 
Forage Program and the Regional Weed Free Forage Certification 
Standards Procedures Manual for Certification of: Hay, Pellets, Mulch, 
Straw, Cubes and Feeds by the State of Montana

[[Page 54124]]

Department of Agriculture, Helena, Montana, April 1, 1997.
    3. The possession or storage of hay, grain, straw, or cubedor 
pelletized products that have an identifiable label as being certified 
Noxious Weed and/or Noxious Weed Seed-Free by an authorized State or 
County Department of Agriculture Official; the authorizing State must 
be recognized as having a Noxious Weed Certification Program for 
agronomic products; each individual bale or container must be tagged or 
marked as weed or weed seed-free and reference the written 
certification.
    4. The following persons are exempt from this order: (1) Any person 
with a permit signed by an authorized officer of the BLM's Montana 
State Office or field offices within Montana, specifically authorizing 
the prohibited act or omission within that resource area; (2) Persons 
transporting forage products on Federal and State Highways and County 
roads that are not BLM Development Road or Trails.
    5. Any person who knowingly and willfully violates the provisions 
of these supplemental 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 1733(a).

    Dated: October 3, 1997.
Thomas P. Lonnie,
Deputy State Director, Division of Resources.
[FR Doc. 97-27327 Filed 10-16-97; 8:45 am]
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