[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3516]
[[Page Unknown]]
[Federal Register: February 16, 1994]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 4700
[WO-200-4370-02-24 1A; Circular No. 2631]
RIN 1004-AB81
Protection, Management, and Control of Wild Free-Roaming Horses
and Burros; Prohibited Acts, Administrative Remedies, and Penalties;
Administrative Remedies
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule allows the authorized officer to place in full
force and effect decisions to cancel a Private Maintenance and Care
Agreement to allow immediate repossession of animals found to be
subject to abuse or neglect. This final rule also makes technical
amendments to regulatory text relating to the use of full force and
effect decisions pertaining to the removal of wild horses and burros.
EFFECTIVE DATE: February 16, 1994.
ADDRESSES: Inquiries or suggestions should be sent to: Director (200),
Bureau of Land Management, U.S. Department of the Interior, 1849 C St.
NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Vernon R. Schulze, Division of Wild
Horses and Burros, Bureau of Land Management (NV-960), Wild Horse and
Burro National Program Office, (702) 785-6583.
SUPPLEMENTARY INFORMATION: This rule was published on an interim final
basis on January 9, 1991 (56 FR 876), effective on that date, to allow
immediate repossession of adopted wild free-roaming horses and burros
and cancellation of Private Maintenance and Care Agreements (PMACAs) in
cases where abuse or neglect are found to endanger the life or health
of adopted animals. Horses and burros for which title has been passed
to private individuals do not qualify as ``wild free-roaming horses and
burros'' pursuant to 16 U.S.C. 1333, and, therefore, will not be
affected by this rule. The interim final rule allowed 60 days for
public comment. One public comment was received. This comment supported
the interim final rule.
Accordingly, the interim final rule is now adopted and published in
final form. The wording of the interim final rule has been modified
somewhat to ensure consistency with the Departmentwide full force and
effect rule located at 43 CFR 4.21, which was issued in final form on
January 19, 1993, after the publication of the interim final wild horse
and burro rule. These technical amendments are needed to make 43 CFR
part 4700 consistent with the Departmentwide full force and effect
rule. The rule does not in any way limit the right of appeal of persons
whose PMACAs are revoked, and allows such persons to petition for a
stay of such decisions. It merely allows animals to be repossessed for
their protection until issues raised on appeal can be considered.
Technical amendments to paragraph (c) of Sec. 4770.3 are also being
made in this final rule to reflect the amendment of the Departmentwide
full force and effect rule. Paragraph (c) was added to Sec. 4770.3 on
July 6, 1992, to allow the authorized officer to place wild horse and
burro removal decisions in full force and effect. The technical
amendments to paragraph (c) are being made in this final rule to
provide consistent wording within Sec. 4770.3, and to make the
provisions of Sec. 4770.3 consistent with the procedural requirements
of 43 CFR 4.21. The amendments will not affect the way in which the
substance of paragraph (c) is implemented. Paragraph (c) of this
section was not included in the interim final rule published January 9,
1991.
The principal author of this final rule is Vernon R. Schulze, Wild
Horse and Burro Program Specialist, assisted by the staff of the
Division of Legislation and Regulatory Management, BLM Washington
Office.
It has been determined that this 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(2)(C)) is required.
This rule has been reviewed under Executive Order 12866.
The Department of the Interior has determined under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have
significant economic impact on a substantial number of small entities.
Additionally, as required by Executive Order 12630, the Department has
determined that the rule would not cause a taking of private property.
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.
List of Subjects in 43 CFR Part 4700
Advisory committees, Aircraft, Intergovernmental relations,
Penalties, Public lands, Range management, Wild horses and burros,
Wildlife.
Under the authorities cited below, part 4700, subchapter D, chapter
II, title 43 of the Code of Federal Regulations, is amended as set
forth below.
Dated: November 3, 1993.
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 is revised to read as
follows:
Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315,
1740.
2. Section 4770.3 is revised to read as follows:
Sec. 4770.3 Administrative remedies.
(a) Any person who is adversely affected by a decision of the
authorized officer in the administration of these regulations may file
an appeal. Appeals and petitions for stay of a decision of the
authorized officer must be filed within 30 days of receipt of the
decision in accordance with 43 CFR part 4.
(b) Notwithstanding the provisions of paragraph (a) of Sec. 4.21 of
this title, the authorized officer may provide that decisions to cancel
a Private Maintenance and Care Agreement shall be effective upon
issuance or on a date established in the decision so as to allow
repossession of wild horses or burros from adopters to protect the
animals' welfare.
(c) Notwithstanding the provisions of paragraph (a) of Sec. 4.21 of
this title, the authorized officer may provide that decisions to remove
wild horses or burros from public or private lands in situations where
removal is required by applicable law or is necessary to preserve or
maintain a thriving ecological balance and multiple use relationship
shall be effective upon issuance or on a date established in the
decision.
[FR Doc. 94-3516 Filed 2-15-94; 8:45 am]
BILLING CODE 4310-84-P
