5338 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations

Commodity Parts per

million Expiration date

Aspirated Grain Fractions ............................................................................................................................ 25.0 July 13, 1999.

Corn, field, forage ........................................................................................................................................ 0.4 July 13, 1999.

Corn, field, grain ........................................................................................................................................... 0.2 July 13, 1999.

Corn, field, stover ......................................................................................................................................... 6.0 July 13, 1999.

Soybean, hulls .............................................................................................................................................. 5.0 July 13, 1999.

Soybeans ..................................................................................................................................................... 2.0 July 13, 1999.

[FR Doc. 97–2838 Filed 2–4–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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-AHorse 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-theboard 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
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations 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 § 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-bycase 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

§ 4750.4–2 to read as follows:

§ 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

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 96–90, FCC 97–17]

Broadcast License Terms

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: We issue this Report and

Order (‘‘R&O’’) to implement Section

203 of the Telecommunications Act of

1996 (‘‘Telecom Act’’) (Broadcast