[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]


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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.

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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