[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13207]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 4700

[NV-960-4370-02-241A ; Circular No. 2655]
RIN 1004-AB84

 

Protection, Management, and Control of Wild Free-Roaming Horses 
and Burros

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations pertaining to the 
protection, management, and control of wild free-roaming horses and 
burros by revising the definition of wild horses and burros to exclude 
foals born to wild horses and burros after approval of a Private 
Maintenance and Care Agreement. This clarification is necessary to 
avoid the extreme administrative difficulties that would be associated 
with locating, identifying, and caring for widely dispersed animals in 
the possession of private individuals.

EFFECTIVE DATE: July 1, 1994.

ADDRESSES: Suggestions or inquiries should be sent to: Wild Horse and 
Burro National Program Office (NV-960), Bureau of Land Management, P.O. 
Box 12000, Reno, NV, 89520-0006.

FOR FURTHER INFORMATION CONTACT: Bruce Dawson, (702) 785-6583.

SUPPLEMENTARY INFORMATION: The regulations on the protection, 
management, and control of wild free-roaming horses and burros are 
presently silent regarding the ownership of foals born to mares and 
jennies under the maintenance and care of an adopter but for which no 
title has been issued. Although the Bureau of Land Management (BLM) has 
treated these foals as the private property of the adopter of the 
parent female, there has been no clear statement in regulation of this 
policy. Therefore, this amendment to 43 CFR 4700.0-5(l) is intended to 
clarify the ownership of these foals by explicitly excluding them from 
the definition of wild horses and burros.
    Foals born to adopted wild horses and burros must be treated as 
private property to avoid the tremendous administrative difficulties 
and expense that would otherwise result. Titling of wild horses and 
burros is not mandatory and for various reasons many adopters do not 
apply for title. The BLM presently maintains records on about 11,000 
untitled female wild horses and burros that are of reproductive age. If 
foals born to these animals were treated as wild, the BLM would need to 
locate, freeze mark, and catalog each animal, as well as enter into new 
Private Maintenance and Care Agreements, and collect adoption fees for 
each foal. In addition, if the offspring of the adopted mares and 
jennies were to be considered wild, subsequent generations would also 
have wild status until titles were issued.
    A proposed rule addressing these concerns was published in the 
Federal Register on October 1, 1993 (58 FR 51297). One 
intradepartmental comment was received. It suggested that in amending 
the definition of wild horses and burros as it pertains to the status 
of foals, the rule should also address the status of foals born in BLM 
facilities, after mothers have been removed from public lands but 
before the mothers are placed in the care of the adopter. Language has 
been incorporated into this final rule to clarify that such foals would 
be considered to be wild horses or burros.
    The principal author of this final rule is Vern Schulze of the Wild 
Horse and Burro National Program Office, BLM Nevada State Office, with 
the assistance of Heather Thomas of the Division of Legislation and 
Regulatory Management, BLM Washington Office.
    The BLM has determined that this final rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment and that no detailed statement pursuant to section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) is required. The BLM prepared an environmental assessment and a 
finding of no significant impact for the proposed action.
    This rule was not subject to review by the Office of Management and 
Budget under Executive Order 12866.
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
rule would not have a significant economic impact on a substantial 
number of small entities. The rule does not impose direct or indirect 
costs on small business, organizations, or small governmental 
jurisdictions. No direct or indirect benefits are quantifiable for 
small entities.
    The Department certifies that this final 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 will 
not cause a taking of private property.
    The Department has certified to the Office of Management and Budget 
that these regulations meet the applicable standards provided in 
sections 2(a) and 2(b)(2) of Executive Order 12778.
    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. However, the collections of information contained in Group 
4700 have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1004-0042.

List of Subjects in 43 CFR Part 4700

    Advisory committees, Aircraft, Intergovernmental relations, 
Penalties, Public lands, Range management, Wild horses and burros, and 
Wildlife.

    For the reasons set out in the preamble and under the authorities 
cited below, part 4700, subchapter D, chapter II, title 43 of the Code 
of Federal Regulations is now amended as follows:

PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING 
HORSES AND BURROS

    1. The authority citation for 43 CFR part 4700 is revised 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 4700.0-5 is amended by revising paragraph (l) to read as 
follows:


Sec. 4700.0-5  Definitions.

* * * * *
    (l) Wild horses and burros means all unbranded and unclaimed horses 
and burros that use public lands as all or part of their habitat, that 
have been removed from these lands by the authorized officer, or that 
have been born of wild horses or burros in authorized BLM facilities, 
but have not lost their status under section 3 of the Act. Foals born 
to a wild horse or burro after approval of a Private Maintenance and 
Care Agreement are not wild horses or burros. Such foals are the 
property of the adopter of the parent mare or jenny. Where it appears 
in this part the term wild horses and burros is deemed to include the 
term free-roaming.

    Dated: May 17, 1994.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-13207 Filed 5-31-94; 8:45 am]
BILLING CODE 4310-84-P