1004-0042 Supporting Statement_5.29.19

1004-0042 Supporting Statement_5.29.19.docx

Protection, Management, and Control of Wild Horses and Burros (43 CFR part 4700)

OMB: 1004-0042

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Supporting Statement A


PROTECTION, MANAGEMENT, AND CONTROL OF WILD HORSES AND BURROS (43 CFR Part 4700)


OMB Control Number 1004-0042


Terms of Clearance: None.


General Instructions


A completed Supporting Statement A must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.


Specific Instructions


Justification


1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.


In accordance with the following authorities, the Bureau of Land Management (BLM) collects information from those who wish to adopt and obtain title to wild horses and burros:


  1. Wild Free-Roaming Horses and Burros Act (16 U.S.C. 1331-1340); and

  2. Regulations at 43 CFR part 4700.


In addition to seeking renewal of control number 1004-0042, the BLM requests revision of an existing information-collection activity and form, and the addition of a new information-collection activity and form.


OMB has approved form 4710-10 and its information-collection activity previously with the title, “Application for Adoption of Wild Horse(s) or Burro(s).” However, the BLM proposes that the information-collection activity and form be revised to enable both adoptions and purchases of wild horses or burros, as authorized by 43 U.S.C. 1333(d) and (e). The revised form that includes sales is titled, “Application for Adoption/Sale of Wild Horse(s) and Burro(s)”.


The new form umber is Form 4710-24, “MHF & BLM Facility Requirement Form.” Respondents are trainers who participate in joint training programs to increase the number of trained animals available adoption or purchase.


The Wild Free-Roaming Horses and Burros Act directs the Secretary of the Interior and the Secretary of Agriculture to protect and manage wild free-roaming horses and burros as components of public lands, and authorizes the removal of excess wild horses and burros from public rangelands. "Excess" wild horses and burros are animals that must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area. 16 U.S.C. 1332(f). The BLM removes excess animals from the range each year. Based on data compiled as of March 1, 2018, approximately 82,000 wild horses and burros (estimated 67,000 wild horses and 15,000 burros) are roaming on BLM-managed rangelandsnearly 60,000 more than the number of wild horses and burros that the BLM has determined is conducive to sound management of public lands. Moreover, wild horses and burros have virtually no natural predators, and their herd sizes can double about every 4 years.

The BLM humanely captures and makes available for private maintenance (i.e., adoption) those healthy animals for which an adoption demand by qualified individuals exists [16 U.S.C. (b)(2) (B)]. The BLM sends excess animals that are found to be unadoptable to federally funded sanctuaries or long-term holding facilities.


BLM allows an individual, that is capable of humanely caring for animals including the transportation of such animals, to adopt wild horses and burros [16 U.S.C. 1333(b)(2)(B)]. An adopted horse or burro remains the property of the Federal Government until the adopter has proven, and the BLM has determined, through certification of an authorized individual, that the animal has been provided humane conditions, treatment and care for at least 1 year. Once that requirement has been met, the BLM may transfer title to the adopter, and the animal becomes private property. However, the statute only allows the BLM to grant title to not more than four animals annually to any applicant. 16 U.S.C. 1333(c). Thus, while the BLM has discretion in some circumstances to allow the adoption of more than four animals annually by an individual, the BLM does not have authority to grant title to more than four animals annually to any individual. The regulations at 43 CFR part 4700 provide for the collection of information that enables the BLM to determine:


  • Whether or not a prospective adopter is qualified to receive a wild horse or burro for private maintenance (i.e., adoption) and is able to provide humane care and proper treatment;

  • Whether or not an individual is qualified to adopt more than four wild horses or burros within a 12-month period;

  • Whether or not an individual or group is qualified to maintain more than four wild horses or burros at a single location;

  • Whether or not to grant an adopter’s request to terminate a Private Maintenance Care Agreement; and

  • Whether or not to grant an adopter’s request for replacement of a previously adopted animal.

Congress directed the BLM to sell excess wild horses and burros that are more than ten years old or that have been offered unsuccessfully for adoption at least three times. While sale-eligible animals may also be adopted, excess animals that meet the sales criteria must be made available for purchase. Animals become "sale-eligible" because of their age or the number of times they have been offered unsuccessfully for adoption, regardless of age. BLM allows an individual, that is capable of humanely caring for animals including the transportation of such animals, to purchase wild horses and burros [16 U.S.C. 1333(e)].

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.


Application for Adoption & Sale of Wild Horses or Burros

43 CFR 4750.3-1 and 4750.3-2

Form 4710-10


A respondent must file Form 4710-10, Application for Adoption and/or Sale of Wild Horse(s) or Burro(s) before adopting or purchasing an animal. We require the following information in order to determine whether or not to approve the application:


Applicant Information (Required)


  1. Today I am: [Check one option] Purchasing (Complete section 1 only); Adopting (Complete sections 2 & 3 only); or Both (Complete sections 1, 2 & 3) — We require this information to determine the needs of the applicant.

  2. How many animals are you requesting? (Provide quantity by age range: 1 to 4 years old or 5 & older) —We require this information because the BLM ensures that adopters and purchasers have adequate accommodations for the wild horses and burros they are acquiring, as well as complete additional approval requests.

  3. How many of each species? (Horses: Female, Male; Burros: Female, Male) — We require this information because the BLM allows sale authority for up to 5 animals per applicant before a written request is required and approved by the Assistant Director for additional animals. 16 U.S.C. 1333 (b)(2)(B) and (c)

  4. Are you requesting a specific animal? (Tag #) — We offer this field in the event there is a specific animal the applicant wants.

  5. Applicant full name; personal address P.O. Box (P.O. Box Address requires physical address on page 2); city; state, Zip; home/cell phone, alternate phone, and email — We require this information in order to identify the applicant; and

  6. Animal Group/Organization Name, POC [stands for Point of Contact], Tax ID/FEIN: Address of housed animals, city, state, Zip, primary phone, and email — We require this information to identify if the applicant is adopting/purchasing on behalf of an Animal Group or Organization.


Section 1


  1. Will you have someone else responsible for the care of the animals? (No or Yes) (If yes, include name, address, phone numbers, and email address) — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care (including proper transportation, feeding, and handling).

  2. Does your facility provide adequate feed and water? ((No or Yes)) (Facility refers to an enclosed area such as a corral, barn, stall, etc. Materials used may include pipe panels, wood post, planks, horse fence, etc. Facility may also be a pasture, however must be suitable for maintaining animals. Feed may be hay, grass of supplemental. Water source may be natural, tank, pond or well) — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance) to ensure humane treatment and care (including proper transportation, feeding, and handling).

  3. Do you have a veterinarian available to provide care for you wild horses and/or wild burros? (No or Yes) (If yes, include name, address, phone numbers, and e-mail address) — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care (including proper transportation, feeding, and handling); and

  4. When the Bureau of Land Management (BLM) sells a wild horse or burro, the animal is no longer considered a wild free-roaming horse or burro under the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. 1331 et seq. Purchased animals cannot be returned to the public lands unless the BLM has issued a permit or otherwise authorized the purchaser to do so, such as through a livestock grazing or recreational permit. By applying to purchase wild horses and/or burros, I understand the financial commitment to care for such animals under penalty of prosecution for violating 18 U.S.C. 1001, which makes it a federal crime to make false statements to any agency of the United States. I hereby certify that I will provide humane care for any animals that I purchase and will not sell or transfer ownership of them to any person or organization that intends to resell, trade, or give away such animals for slaughter or processing into commercial products I have read the above statement, understand the terms of this agreement, and agree to comply with them — Purchaser’s Signature and Date — We require this as certification to ensure the applicant understands and will comply with the purchase terms.


Section 2


  1. Driver’s Lic. or ID # and State Abbr., DOB (MM/DD/YYYY), and Social Security/TAX ID # — (A) We require the applicant’s driver’s license or ID number in order to keep track of the location of any animals that may be adopted; and (B) We require the applicant’s taxpayer identifying number for purposes of collecting and reporting on any delinquent amounts arising out of such person’s relationship with the Government (see 31 U.S.C. 7701);

  2. Describe your existing facility, resources, and transportation (Facility refers to an enclosed area such as a corral, bar, stall, etc. Materials used may include: pipe panels, wood post, planks, horse fence, etc.):

a) Corral: Dimensions: Length/Width/Height of Corral; Gate Height/Width; Materials used in Corral; Materials used in Gate;

b) Shelter: Type of shelter; Materials used in shelter (If Applicable); Length/Width: Included within corral sq. footage? (Yes or No); Attached to Corral? (Yes or No) (If not attached, how is it accessible?);

c) Feed: Type of Hay or Pasture; Supplemental Feed; Amount per day;

d) Water: Is there access to a water source? (Yes or No). If yes, select your water source: Well, City, Automatic Water, or Other; and

e) Trailer: Type of trailer (Stock, Horse, Homemade); Capacity (No. of animals); Dividers?* (Yes or No); If yes, can they be tied or folded back? (Yes or No); Number of rear doors (1 or 2); Rear Doors: Full Height or Half Height; Ramp** (Yes or No); Is trailer covered? (Yes or No); Does trailer have a solid top? (Yes or No); If not, describe the type of cover.

(*Some ages and species of animals are not normally loaded and/or hauled together and may require divisions within the trailer. **Animals are not normally loaded into a trailer with a ramp) — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and Chapter II of H-4750-2 (Adoption of Wild Horses and Burros Handbook (Release 4-105) to ensure humane treatment and care (including proper transportation, feeding, and handling).

  1. Have you ever been convicted of abuse or inhumane treatment of animals or found to be in violation of the Wild Free Roaming Horses and Burros Act or the Wild Horse and Burro Regulations? (Yes or No) — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance) to ensure humane treatment and care.

  2. Have you previously adopted animals through the Wild Horse and Burro Program? (Yes or No) — If your answer is yes, are these animals titled? (Yes or No) — How many untitled animals to you have? — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance) to ensure humane treatment and care.

  3. Will more than four untitled animals be at the location described on the application? (Yes or No) — We require this information because the Wild Free-Roaming Horses and Burros Act limits our title-granting authority to not more than 4 animals per applicant at the end of a 1-year period. 16 U.S.C. 1333 (b)(2)(B) and (c) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance).

  4. Have you ever adopted under a different last name? (Yes or No) If yes, what other name was used? — We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.

  5. In addition to the information listed above, the respondents must provide the physical address, city, state, Zip Code, name and phone number of the property owner.


Section 3


Draw a map of the location where adopted animal(s) will be housed (from the nearest highway), directions to that location, and a drawing and brief description of the layout of corral(s) and shelter(s). We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.


BLM Facility Requirement Form

43 CFR 4750.3-2 Form 4710-24


The BLM proposes the new Form 4710-24 for an information-collection activity. The BLM works with individuals and organizations to train animals and thereby increases their appeal to adopters and purchasers. The proposed form would enable the BLM to determine that trainers provide humane treatment and care (including proper transportation, feeding, and handling), as required by the Wild Free-roaming Horses and Burros Act and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance).

We require the following information in order to determine whether or not to allow training of wild horses to commence:


  1. Trainer name, phone number, address/P.O box number, city, state, Zip code, email address, and date of birth: We require this information in order to identify the Trainer. In addition we require the birthday to better identify trainers with similar names.

  2. Adopter Name (If trainer is a youth: We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.

  3. Are you interested in training horses or burros? (Yes or No). We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.

  4. How many? We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.

  5. How many untitled animals are at the facility location? We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) to ensure humane treatment and care.

  6. Describe your facility: (Facility refers to an enclosed area such as a corral, barn, stall, etc. Materials used may include: pipe panels, wood post, planks, horse fence, etc.)

    1. Corral: Length/Width/Height of Corral; Gate Height/Width; Materials used in Corral; Materials used in Gate;

    2. Shelter: Type of shelter; Materials used in shelter (If Applicable); Maximum Height/ Minimum Height; Attached to Corral? (Yes or No) (If not attached, how is it accessible?);

    3. Feed: Type of Hay or Pasture; Amount per Day; Supplemental Feed;

    4. Water: Is there access to a water source? (Yes or No). If yes, select your water source: (Well, City, Automatic Water, or Other);

    5. Trailer: Type (Stock, Horse, Homemade); Dividers (Additional restriction apply, please contact an authorized officer) (Yes or No); If yes, can they be tied or folded back? (Yes or No); Number of rear doors; (1 or 2) Rear Door (Full Height or Half Height); Ramp? (Yes or No); Is trailer covered? (Yes or No); Does trailer have solid top? (Yes or No); If no, describe the type of cover. We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and Chapter II of H-4750-2 (Adoption of Wild Horses and Burros Handbook (Release 4-105) to ensure humane treatment and care (including proper transportation, feeding, and handling).

  7. Address of the facility (if different). We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance) to ensure humane treatment and care.

  8. Signature and Date. We require this as certification to ensure the applicant understands and will comply with the adoption terms.


In addition to the information listed above, the respondents must provide a map of the facility (from the nearest major highway), directions to the facility, a drawing showing the layout of the corral and shelter, and a brief description of the facility. We require this information because we have determined it is relevant to our obligation under the Wild Free-Roaming Horses and Burros Act (at 16 U.S.C. 1333(b)(2)(B)) and regulation under the Code of Federal Regulations (43 CFR 4750.3-2, Qualification standards for private maintenance) to ensure humane treatment and care.


Supporting Information and Certification for

Private Maintenance of More Than Four Wild Horses or Burros

  1. CFR 4750.3-3


The information collection requirements at 43 CFR 4750.3-3 apply to applicants who adopt more than four wild horses or burros within a 12-month period, and to applicants who maintain more than four wild horses and burros at a single location. Each of these applicants must supply, in addition to Form 4710-10, a written report verifying that the applicant’s facilities have been inspected, appear adequate to care for the number of animals requested, and satisfy the requirements of 43 CFR 4750.3-2(a) (qualification standards for private maintenance). This report must be prepared by the BLM or by a local humane official, veterinarian, cooperative extension agent, or similarly qualified person approved by the BLM. The report must include a description of the facilities, including corral sizes; pasture size; and shelter, barn, or stall dimensions; and must note any discrepancies between the facilities inspected and representations made in Form 4710-10. We require this information to determine whether the respondent is qualified to care for more than four animals.


In addition, when an applicant requests 25 or more animals or when 25 or more animals will be maintained at any single location regardless of the number of applicants, the facilities for maintaining the adopted animals must be inspected by the BLM before approval of the application.


The Bureau of Land Management will not allow the use of a power of attorney or any other instrument or writing authorizing one person to act as an agent for another in the adoption of wild horses and burros.


Request to Terminate Private Maintenance and Care Agreement

43 CFR 4750.4-3


In order to adopt a wild horse or burro, a qualified applicant must execute a Private Maintenance and Care Agreement and agree to abide to its terms and conditions, in accordance with 43 CFR 4750.4-1. We have determined that this agreement is not a collection of information that is subject to the requirements of the Paperwork Reduction Act, since it entails no burden other than is necessary to identify the respondent, the date, the respondent’s address, and the nature of the document. See 5 CFR 1320.3(h)(1).


However, we have determined that a request to terminate a Private Maintenance and Care Agreement is a collection of information that is subject to the requirements of the Paperwork Reduction Act. An adopter who wants to terminate a Private Maintenance and Care Agreement must submit a written request to the BLM in accordance with 43 CFR 4750.4-3. We require this information in order to make other arrangements for the care and maintenance of the animal.


Request for Replacement Animals

43 CFR 4750.4-4


If an adopted animal dies or needs to be destroyed due to a condition that existed at the time of placement with the adopter, the adopter may request a refund or a replacement animal. The adopter must provide the BLM with a veterinarian’s certificate that reasonable care and treatment of the animal would not have corrected the condition. We require this information to determine whether replacement of an animal or a refund is justified and appropriate.


3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden and specifically how this collection meets GPEA requirements.


Form 4710-010 is electronically available to the public in fillable, printable format at:

https://www.blm.gov/style/medialib/blm/noc/business/eforms.Par.66955.File.dat/4710-010.pdf. A respondent who chooses to submit this form electronically may do so by scanning and then emailing it to the appropriate BLM office.


4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.


No duplication of information occurs in the information we collect. The requested information is unique and is not available from any other data source. No similar information is available or able to be modified. The information is required to receive a benefit.


5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

We do not collect information on whether the respondents are small businesses or small entities, but we have determined that it is unlikely that any respondents are small businesses or small entities. At any rate, the information we require from all respondents is limited to the minimum necessary to manage the adoption of wild horses and burros and comply with our statutory obligations.


6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.


If we did not collect the information, applicants would not be able to adopt wild horses or burros, and the BLM would have to maintain and care for all the animals that otherwise would have been adopted. Less frequent collection would mean no collection of information at all.


7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.


There are no special circumstances that require the collection to be conducted in a manner inconsistent with the guidelines in 5 CFR 1320.5.


8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.


Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.


On October 31, 2018, the BLM published the required 60-day notice in the Federal Register (83 FR 54773), and the comment period ended December 31, 2018. The BLM received one substantive comment outlining concerns regarding the combining of the sales and adoption applications on a single form. The commenter explained that by having a combined form it may be more difficult for the public to obtain records from the BLM on individual adoptions and sales. The new format of the combined sales and adoption form results in minimal burdens on the public and would allow the BLM to implement sales and adoptions at minimal costs. The public will continue to be able to obtain data about sales and adoptions separately from the BLM. Consequently, the BLM sees no reason to separate the sales and adoption form.


The BLM has consulted with three respondents to obtain their views on the availability of data; frequency of collection; the clarity of instructions; the recordkeeping, disclosure, and reporting formats; and on the data elements to be recorded, disclosed, or reported.


A respondent from Guthrie, Oklahoma explained that the instructions of how to complete the BLM application were easy to understand and that data available on the BLM website were helpful. They said that the BLM does a good job of keeping their personal information safe, and they did not suggest any changes.


A respondent from Payette, Idaho stated that locating statistical data from the BLM is typically easy. They said that they are fine with the current procedures and that instructions for completing forms are clear. They appreciate how the BLM keeps private information safe.


A respondent from Edwardsville, Illinois explained that data from the BLM is easily accessible. They appreciate the straight forward approach to completing forms and have no suggestions for any changes.


9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


We do not provide payments or gifts to the respondents.


10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.


We protect the respondent’s confidentiality to the extent consistent with the Freedom of Information Act (5 U.S.C. 552) and the Debt Collection Improvement Act (31 U.S.C. 7701).


As described in a system of records notice at 72 FR 67956 (Dec. 3, 2007), a Privacy Act system of records is associated with this information collection: Interior / BLM-28, Adopt a Wild Horse.


11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.


We do not require respondents to answer questions of a sensitive nature.


12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.


The BLM estimates 7,943 responses, 3,822 hours, and a dollar equivalent of $206,655 annually.


The estimated hourly cost for respondents is shown at Table 12-1. The hourly wage for Table 12-1 was determined using national Bureau of Labor Statistics data at: http://www.bls.gov/oes/current/oes_nat.htm. The benefits multiplier of 1.4 is supported by information at http://www.bls.gov/news.release/ecec.nr0.htm.



Table 12-1 Hourly Cost Calculation


Position

Mean Hourly Wage

($/hour)

Hourly Wage with Benefits

($/hour x 1.4)

Farmers, Ranchers, and Other Agricultural Managers

(11-9013)

$38.62

$54.07

Estimates of the annual hour and cost burdens to respondents are itemized in Table 12-2, below. These estimates include time spent for researching, preparing, and submitting information. The weighted average hourly wage is shown at Table 12-1, above, and is shown in the heading for Column E of Table 12-2. The frequency of response for each element of this information collection is “on occasion.” The number of responses for all aspects of the program has decreased due to fewer adoptions of wild horses and burros and an overall depressed equine market.


Table 12-2 Hour and Cost Burdens for Respondent/Adopter


A.

Type of Response

B.

Number of Responses

C.

Time per Response

D.

Total Hours

(Column B x Column C)

E.

Dollar Equivalent

(Column D x $54.07)

Application for Adoption & Sale of Wild Horses or Burros

43 CFR 4750.3-1 and 4750.3-2

Form 4710-10

7,400

30 minutes

3,700

$200,059

Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros

43 CFR 4750.3-3

6

10 minutes

1

$54

Request to Terminate Private Maintenance and Care Agreement

43 CFR 4750.4-3

75

30 minutes

38

$2,055

Request for Replacement Animals

or Refund

43 CFR 4750.4-4

12

30 minutes

6

$324

BLM Facility Requirement Form

Form 4710-24

450

10 minutes

77

$4,163

Totals

7,943

3,822

$206,655


13. Provide an estimate of the total annual non-hour cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.


Respondents are not required to purchase additional computer hardware or software to comply with these information requirements. There is no filing fee associated with this information collection. There are no capital and start-up costs involved with this information collection.


However, the regulations require respondents seeking to adopt more than four horses or burros, or requesting a replacement animal or refund for one that has died to provide certain certifications from a humane official, veterinarian, cooperative extension agent, or similarly qualified person. For purposes of calculating the cost burden, we have employed estimated fees of $100 and $150, respectively, for these requests.



Table 13 Non-Hour Costs


A.

Type of Response

B.

Number of Responses

C.

Amount of Fee Per Response

D.

Total Fees

(Column B x Column C)

Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros

43 CFR 4750.3-3

6

$100

$600

Request for Replacement Animals or Refund

43 CFR 4750.4-4

12

$150

$1800

Total

18

$250

$2,400


14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.


The total estimated Federal cost is $188,174.


The estimated hourly cost to the Federal Government is shown in Table 14-1 and is based on the U.S. Office of Personnel Management Salary Table at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/RUS_h.pdf. The benefits multiplier of 1.6 is implied by information at: http://www.bls.gov/news.release/ecec.nr0.htm.


Table 14-1 Weighted Average Hourly Cost for the Federal Government


A.

Position and Pay Grade

B.

Hourly Pay Rate ($/hour)

C.

Hourly Rate with Benefits (Column B x 1.6)

D.

Percent of Collection Time

E.

Weighted Average

(Column C x Column D)

Clerical

GS-6, step 5

$20.21

$32.34

50%

$16.17

Technical

GS-12, step 5

$39.85

$63.76

40%

$25.50

Managerial

GS-13,step 5

$47.38

$75.81

10%

$7.58

Totals

$49.25


Table 14-2, below, shows the annualized Federal costs for each aspect of this collection. The estimated time spent to process the information collections is based on the BLM's experience. The weighted average hourly wage shown in Column E of Table 14-2 is calculated as shown in Table 14-1, above.


Table 14-2 Estimated Annual Cost to the Federal Government


A.

Type of Response

B.

Number of Responses

C.

Time per Response

D.

Annual Labor Hours (Column B x Column C)

E.

Annual Cost

(Column D x $49.26)

Application for Adoption & Sale of Wild Horses or Burros

43 CFR 4750.3-1 and 4750.3-2

Form 4710-10

7,400

30 minutes

3,700

$182,262

Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros

43 CFR 4750.3-3

6

10 minutes

1

$49

Request to Terminate Private Maintenance and Care Agreement

43 CFR 4750.4-3

75

30 minutes

38

$1,872

Request for Replacement Animals or Refund

43 CFR 4750.4-4

12

30 minutes

6

$296

BLM Facility Requirement Form

Form 4710-24

450

10 minutes

75

$3,695

Totals

7,943

140 minutes

3820

$188,174


15. Explain the reasons for any program changes or adjustments in hour or cost burden.


There are no adjustments.


The program changes are: (1) amendment of the existing adoption form to include both adoptions and sales of animals, and (2) the addition of a new form that would enable the BLM to determine that trainers provide humane treatment and care . These program changes affect burdens as follows: 850 additional responses (from 7,093 responses to 7,943 responses) and 277 additional hours (from 3,545 previously approved hours to 3,822 requested hours). The program changes do not affect any of the non-hour burdens.


Tables 15-1 and 15-2 itemize the changes in burdens.


Table 15-1 Changes in Numbers of Responses


A.

Type of Response

B.

Number of Requested Responses

C.

Number of Approved Responses

D.

Difference Between Requested and Approved Responses (Column B – Column C)

Application for Adoption & Sale of Wild Horses or Burros

43 CFR 4750.3-1 and 4750.3-2

Form 4710-10

7,400

7,000 (This is the approved responses for adoption applications before it included sales)

+400

Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros

43 CFR 4750.3-3

6

6

0

Request to Terminate Private Maintenance and Care Agreement

43 CFR 4750.4-3

75

75

0

Request for Replacement Animals or Refund

43 CFR 4750.4-4

12

12

0

BLM Facility Requirement Form

Form 4710-24

450

0

+450

Total

7,943

7,093

850



Table 15-2 Changes in Numbers of Burden Hours


A. Type of Response



B. Number of Requested Hour Burdens

C. Number of Approved Hour Burdens

D. Difference Between Requested and Approved Hour Burdens (Column B – Column C)

Application for Adoption & Sale of Wild Horses or Burros

43 CFR 4750.3-1 and 4750.3-2

Form 4710-10

3,700

3,500 (This is the approved hour burden for adoption applications before it included sales)

+200

Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros

43 CFR 4750.3-3

1

1

0

Request to Terminate Private Maintenance and Care Agreement

43 CFR 4750.4-3

38

38

0

Request for Replacement Animals or Refund

43 CFR 4750.4-4

6

6

0

BLM Facility Requirement Form

Form 4710-24

77

0

+77

Totals

3,822

3,545

+277


16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.


The BLM will not publish the results of this collection.


17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.


The BLM will display the expiration date of the OMB approval on the forms included in this information collection.


18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no exceptions to the certification statement.



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