[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Rules and Regulations]
[Pages 5338-5339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2797]


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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: Final rule.

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SUMMARY: In this final rule, the Bureau of Land Management (BLM) 
revises its procedures used to set adoption fees for Wild Horses and 
Burros. The purpose of the amendment is to allow BLM more flexibility 
in establishing adoption fees, to recover a higher proportion of the 
associated cost, and encourage adoptions consistent with the basic 
goals of the Wild Horse and Burro adoption program. The rule also 
allows BLM to use competitive methods.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: Lili Thomas, (702) 785-6457 or Bob 
Barbour, (202) 452-7785.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Final Rule and Response to Comments
III. Procedural Matters

I. Background

    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. 
To keep the ecological balance and maintain healthy rangelands, wild 
horses and burros are periodically removed and placed in the Adopt-A-
Horse or Burro Program. This successful program, begun in 1973, has 
offered animals for ``adoption'' to qualified private individuals who 
agree to provide them humane treatment. Through the Adopt-a-Horse or 
Burro Program BLM placed over 150,000 animals in private care since 
1976.
    The current adoption fee of $125 for wild horses and $75 for wild 
burros was set in 1982. This fee is supposed to recapture some adoption 
cost, and assure a prompt adoption of animals after their 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, BLM's costs to feed, provide veterinary care and transport wild 
horses and burros have increased significantly. A flexible adoption fee 
system will shift some of the cost of the adoption from the general 
taxpayer to the individuals who benefit directly from this program. 
Future adoption fees will reflect market value of the animals and 
strike a balance between supply and demand. The increased cost per 
animal will help insure that the adopters are adopting the animal for 
itself rather than future financial gain before or after title is 
received.
    Under this system BLM may offer horses and burros to the public at 
competitive adoptions. Animals not selected by the public through a 
competitive adoption would be available at the established adoption 
fee. The BLM Director may reduce or waive the adoption fee for animals 
that are unadoptable at the base fee. BLM is not changing the 
qualification requirements for adoption of a wild horse or burro. 
Adopters must meet the requirements of 43 CFR part 4750 before BLM 
allows them to participate in an adoption event.
    Before each adoption event BLM will provide information on how the 
adoption will be conducted and the method to be used in establishing 
adoption fees.
    II. Discussion of Final Rule and Response to Comments
    The BLM received 25 comments in response to the proposed rule which 
was published in the Federal Register on July 10, 1996 (61 FR 36333). 
Five of the comments did not relate specifically to the adoption fee 
issue or involved other aspects of the Wild Horse and Burro program. 
Fourteen comments favored the changes BLM is making to increase the 
flexibility of the adoption fee system. Those in favor of the proposal 
expressed the view that cost to the American taxpayer should be reduced 
and the beneficiaries of the program should pay a reasonable price for 
the benefits they receive. Several believed that a competitive bidding 
system is a reasonable means to determine the price to adopt an 
individual animal. Seven of those who expressed favorable comments 
about an increased fee also voiced opposition to what they perceived as 
a requirement for use of competitive adoptions. Most of those who 
expressed concern about the competitive bidding aspect of the proposed 
rule favored an across-the-board increase in fees for all animals.
    BLM is making the regulatory change to provide flexibility in the 
establishment of adoption fees and to allow the public to decide what 
they will pay to adopt an individual animal. One element of this 
increased flexibility involves appropriate use of competitive 
adoptions. Because of the comments received, BLM revised the regulation 
at 43 CFR 4750.4-2(b) to clarify that competitive adoptions are one way 
of establishing adoption fees, but not the only way.
    Six comments expressed opposition to the proposed change. The 
primary reason for this opposition was a concern that under a 
competitive system only people who are well off could own a more 
desirable horse. BLM believes it is appropriate to allow individual 
adopters to decide through a competitive

[[Page 5339]]

adoption how much they will pay for a wild horse or burro. Several of 
those who expressed opposition to the proposed rule were concerned that 
fees for wild burros would be too high and animals would not be 
adopted. A high demand exists for wild burros and BLM does not 
anticipate a problem placing these animals. Furthermore, in the event 
that we cannot adopt individual animals through the competitive 
process, we retain the option of offering them at the base fee of $125. 
Under new Sec. 4750.4-2(c), we can lower the fee even further.

III. Procedural Matters

National Environmental Policy Act

    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 rule does not meet any 
of the 10 criteria for exceptions to categorical exclusion listed in 
516 DM 2, Appendix 2. Under 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. The environmental effects of the rule are 
too broad and speculative to lend themselves to meaningful analysis and 
will be subject to the National Environmental Policy Act of 1969, 43 
U.S.C. 4332 (2)(C) process on a case-by-case basis.

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 final 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 affects only individuals who may choose to adopt a 
wild horse or burro, assuming they meet the requirements of 43 CFR part 
4750. Because the definition of ``small entity'' does not include 
individuals, the rule will not affect small entities.

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 number 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 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 
would not cause a taking of private property.

Unfunded Mandates Reform Act

    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 effect 
small governments.

Executive Order 12988

    The Department of the Interior has determined that this rule meets 
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 Affairs Group, 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.
    For the reasons stated in the preamble, BLM is amending Subchapter 
B, Chapter II of Title 43 of the Code of Federal Regulations as set 
forth below:
    Dated: January 3, 1997.
Bob Armstrong,
Assistant Secretary of the Interior.

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

    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. BLM amends part 4700 by revising Sec. 4750.4-2 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 an adoption fee for each wild horse or burro you 
adopt. Usually BLM will charge you a $125 base fee. BLM will not charge 
you an adoption fee for orphan foals.
    (b) Can BLM increase the adoption fee?
    Yes, BLM may increase the adoption fee. BLM may hold competitive 
adoption events for wild horses or burros. At competitive adoptions, 
qualified adopters set adoption fees through competitive bidding. For 
these adoptions, the fee is the highest bid received over the base fee 
of $125. Horses or burros remaining at the end of a competitive 
adoption event will be available for adoption at the established 
adoption fee.
    (c) May BLM reduce or waive the adoption fee?
    (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.

[FR Doc. 97-2797 Filed 2-4-97; 8:45 am]
BILLING CODE 4310-84-P