The BLM is initiating rulemaking to update, modernize and streamline the grazing administration regulations and provide additional flexibility for land and resource management. Updating 43 CFR 4100 is necessary to address Congressional amendments to section 402 of FLPMA (43 USC 1752); to address findings in the U.S. Government Accountability Office (GAO)’s report of July 2016 titled, “Unauthorized Grazing: Actions Needed to Improve Tracking and Deterrence Efforts” (GAO-16-559); and to ensure that the CFR reflects the applicable regulations governing the grazing program in the continental United States.
In addition, the BLM is interested in amending 43 CFR 4100 to achieve the following:
- Opportunities to create NEPA and administrative process efficiencies. This could include, for example,changes to how the BLM issues decisions for crossing permits and temporary nonrenewable permits, expanded or clarified use of NEPA categorical exclusion authorities, and streamlining protest and appeal processes;
- Opportunities to streamline the processing and issuance of nonrenewable grazing permits to address changing landscapes in response to fire and invasive vegetation;
- Considering new language to streamline and resolve incidental grazing trespass or unauthorized use;
- Considering the incorporation of existing criteria for rangeland health from grazing administration into applicable land use planning and/or other regulations so that the BLM could clearly demonstrate that such criteria apply beyond a single-use focus of livestock grazing;
- Considering ways to achieve rangeland health goals more quickly;
- Opportunities to use livestock grazing to reduce wildfire risk and improve rangeland conditions
- Updating or revising definitions to provide more accurate and concise descriptions of the terms, or to otherwise better align with other issues the BLM would like to address; and
- Considering ways to improve grazing permit administration, such as: transfers of grazing permits; continued Resource Advisory Committee review of rangeland improvements and resource management plans; and emergency public consultation.