[Federal Register: February 5, 1997 (Volume 62, Number 24)]
[Rules and Regulations]
[Page 5338-5339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe97-11]
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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, 42
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