[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)] [Proposed Rules] [Pages 36333-36334] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-17487] ======================================================================= ----------------------------------------------------------------------- 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. 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. As explained within, BLM is proposing a more flexible approach to adoption fees to deal with this situation. Under this adoption system horses and burros would be offered to the public at [[Page 36334]] competitive adoptions. Animals not selected by the public through a competitive adoption, would be available at the base fee $125.00. BLM is not changing the qualification requirements for adoption of a wild horse or burro. Adopters must meet the requirements of 43 CFR 4750 before they are allowed to participate in an adoption event. An increased adoption fee would also shift some of the cost of the adoption from the general taxpayer to the individuals who benefit directly from this program. Future adoption fees would reflect market value of the animals and strike a balance between supply and demand. Prior to each adoption event BLM will provide information on how the adoption will be conducted and the method to be used for 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 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 (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