Adoption Fee for Wild Free-Roaming Horses and Burros

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 4700

[NV-960-1060-00-24 1A]

RIN 1004-AC61

Adoption Fee for Wild Free-Roaming Horses and Burros

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to revise the

procedure used to set adoption fees for Wild Horses and Burros to allow

use of competitive methods. The purpose of the amendment is to allow

BLM more flexibility in establishing adoption fees and to recover a

higher proportion of the associated cost.

DATES: You must submit comments by September 9, 1996. Comments received

or postmarked after this date may not be considered in the decision

making process on the issuance of the final rule.

ADDRESSES: You must submit comments or suggestions to: Director (420),

Bureau of Land Management, 1849 C Street NW, 401 LS, Washington, DC

20240. Comments can also be sent to Internet:

[email protected]. Please include ``attn: AC61'' and your

name and address in your internet message. Comments will be available

for public review at 1620 L Street NW, Room 401, Washington, DC 20036,

during regular business hours (7:45 am to 4:15 pm), Monday through

Friday.

FOR FURTHER INFORMATION CONTACT: Lili Thomas, Wild Horse and Burro

National Program Office (702) 785-6457 or Bob Barbour, Regulatory

Management Team (202) 452-7785.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Rule

In the 1950's a group concerned with the welfare of America's

diminishing wild horse herds formed under the leadership of Velma Bronn

Johnson. Better known as ``Wild Horse Annie,'' this woman from Nevada,

along with many others, worked to ensure a place for wild horses and

burros on Federal rangelands.

anagement Team (202) 452-7785.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Rule

In the 1950's a group concerned with the welfare of America's

diminishing wild horse herds formed under the leadership of Velma Bronn

Johnson. Better known as ``Wild Horse Annie,'' this woman from Nevada,

along with many others, worked to ensure a place for wild horses and

burros on Federal rangelands.

In 1971, Congress passed The Wild Free Roaming Horse and Burro Act

recognizing these animals as an integral part of the natural system

they inhabited at the time of passage. In 1973, BLM began a program

that offered animals for ``adoption'' to qualified private individuals

who agree to provide them humane treatment. The Adopt a Horse or Burro

Program has placed over 141,000 animals in private care.

The existing adoption fee of $125 for wild horses and $75 for wild

burros was implemented in 1982 to recapture a portion of the adoption

cost, limit adoption to individuals with financial ability to care for

the adopted animal, and assure that every animal was adopted as quickly

as practical after its removal from public lands. The adoption fee was

originally set using the market price of horses in 1982. In the early

1980's the value of horses and burros was low because of an

overabundance of these animals in the market. Currently the market

value of the lowest quality domestic horse is about $300, well above

the fee BLM charges. Additionally since 1982 the cost BLM incurs to

feed, provide veterinary care and transport wild horses and burros has

increased significantly.

Because of the low adoption fee, there is a significant economic

incentive for adopters to sell their animals when they receive title.

In addition, the low fee encourages adoption by individuals who are not

financially able to provide proper care. Placement of wild horses and

burros to these individuals often results in animals not receiving

proper care and later having to be repossessed

r

establishing adoption fees.

II. Procedural Matters

National Environmental Policy Act

The BLM has determined that this rule is categorically excluded

from further environmental review pursuant to 516 Departmental Manual

(DM), Chapter 2, Appendix 1, Item 1.10, and that the proposal would not

meet any of the 10 criteria for exceptions to categorical exclusion

listed in 516 DM 2, Appendix 2. Pursuant to the Council on

Environmental Quality regulations (40 CFR 1508.4) and environmental

policies and procedures of the Department of the Interior, the term

``categorical exclusions'' means a category of actions that do not

individually or cumulatively have a significant effect on the human

environment and that have 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.

Executive Order 12866 and Regulatory Flexibility Act

This rule was not subject to review by the Office of Management and

Budget under Executive Order 12866. The cost of complying with the

requirements of the rule is indistinguishable from the requirements

imposed by the existing adoption fee regulations. Further, for the same

reasons, the Department has determined under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) that the rule will not have a significant

economic impact on a substantial number of small entities. The rule

does not distinguish between entities based on size.

Federal Paperwork Reduction Act

The provisions for collection of information contained at 43 CFR

Part 4710 have previously been approved by the Office of Management and

Budget and assigned clearance numbers 1004-0042.

This rule does not contain additional information collection

requirements that require approval by the Office of Management and

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

Executive Order 12630

erwork Reduction Act

The provisions for collection of information contained at 43 CFR

Part 4710 have previously been approved by the Office of Management and

Budget and assigned clearance numbers 1004-0042.

This rule does not contain additional information collection

requirements that require approval by the Office of Management and

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

Executive Order 12630

The Department certifies that this proposed rule does not represent

a governmental action capable of interference with constitutionally

protected property rights. Therefore, as required by Executive Order

12630, the Department of the Interior has determined that the rule

would not cause a taking of private property.

Unfunded Mandates Reform Act

The BLM has determined that this regulation is not significant

under the Unfunded Mandates Reform Act of 1995, because it will not

result in the expenditure by State, local, and tribal governments, in

the aggregate, or by the private sector, of $100 million or more in any

one year. Further, this rule will not significantly or uniquely affect

small governments.

Executive Order 12988

The Department has determined that these final regulations et the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

Authors: The principal authors of this proposed rule are Lili

Thomas of the Wild Horse and Burro National Program Office and Bob

Barbour of the Regulatory Management Team, BLM, assisted by Kim

Fondren of the Office of the Solicitor, Department of the Interior.

List of Subjects 43 CFR Part 4700

Animal Welfare, Horses, Penalties, Public Lands, Range Management,

Reporting and recordkeeping requirements, Wildlife.

Accordingly, BLM proposes to amend Subpart 4750 as follows:

PART 4700--[AMENDED]

1. The authority citation for Part 4700 continues to read as

follows:

Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and

1740.

2. Section 4750.4-2 is revised to read as follows:

Sec. 4750.4-2 Adoption Fee

ties, Public Lands, Range Management,

Reporting and recordkeeping requirements, Wildlife.

Accordingly, BLM proposes to amend Subpart 4750 as follows:

PART 4700--[AMENDED]

1. The authority citation for Part 4700 continues to read as

follows:

Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and

1740.

2. Section 4750.4-2 is revised to read as follows:

Sec. 4750.4-2 Adoption Fee

(a) Does BLM charge an adoption fee for wild horses and burros?

You must pay a base adoption fee of $125 for each wild horse or

burro you adopt. You will not be charged an adoption fee for orphan

foals.

(b) Can the adoption fee be increased?

Yes, BLM may choose to hold a competitive adoption for particular

wild horses or burros. At competitive adoptions, qualified adopters

under 43 CFR part 4750 set adoption fees through competitive bidding.

Horses or burros remaining at the end of a competitive adoption will be

available for adoption at the base fee.

(c) Can the adoption fee be reduced or waived?

(1) The BLM Director may reduce or waive the fee when wild horses

or burros are un-adoptable at the base adoption fee.

(2) A reduction or waiver of the adoption fee is available only if

you are willing to comply with all regulations relating to wild horses

and burros.

Dated: June 24, 1996.

Bob Armstrong,

Assistant Secretary, Land and Minerals Management.

[FR Doc. 96-17487 Filed 7-09-96; 8:45 am]

BILLING CODE 4310-84-P