1004-0042 WHB_Supporting Statement (2024 Renewal) OMB

2024 Renewal

U.S. Department of the Interior

Bureau of Land Management

PAPERWORK REDUCTION ACT SUBMISSION

Supporting Statement A

PROTECTION, MANAGEMENT, AND CONTROL OF WILD HORSES AND BURROS

(43 CFR Part 4700)

OMB Control Number 1004-0042

Terms of Clearance: The Office of Management and Budget (OMB) provided the following Terms of Clearance when it last approved the collections of information under OMB control number 1004-0042 (See OMB Notice of Action dated 05/14/2021):

Before the next submission for renewal, BLM should address the concerns about some wild horses or burros being sold for slaughter and explain how BLM is working to prevent that occurring in the future. Please make any necessary changes to the forms in this collection if needed to address any programmatic changes if programmatic changes and subsequent changes to the forms could help address these concerns.

BLM Response: The BLM takes seriously its responsibility to find good homes for wild horses and burros removed from public rangelands. BLM’s adoption and sale programs have numerous built-in protections to disincentivize the adoption or purchase of wild horses and burros for the purposes of commercial use through slaughter. In addition, the BLM actively engages auction houses and sale yards to inform operators of their responsibilities under the law. As the BLM becomes aware of potential violations of the Wild Free-Roaming Horses and Burro Act and associated regulations, the agency takes immediate action to investigate and remedy the situation, including potentially referring cases to law enforcement as appropriate. Data and other information related to the administration of the Wild Horse and Burro Program can be found on the BLM’s website (www.blm.gov/whb) or by contacting the Wild Horse and Burro National Information Center (866-468-7826; [email protected]).

Abstract: In accordance with the Wild Free-Roaming Horses and Burros Act (16 U.S.C. 1331-1340) and the regulations at 43 CFR part 4700, the BLM collects specific information from individuals in order to determine (1) if applicants are qualified to adopt or purchase wild horses and burros, (2) whether or not to authorize an adopter or purchaser to maintain more than four wild horses and burros, (3) whether or not to grant requests for replacement animals or refunds, and (4) whether or not to terminate a private maintenance and care agreement. This OMB Control Number is currently scheduled to expire 05/31/2024. This request is for OMB to renewal OMB control number 1004-0042 for an additional three (3) years.

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 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 revisions to existing form 4710-24, “Facilities Certification Form.” Form 4710-24 (questions 1 and 3), has been revised to include foster care program, volunteer partnership program, and training programs. Respondents are trainers who participate in joint training programs to increase the number of trained animals available for adoption or purchase.

No new substantives changes are being requested for the existing form 4710-10, “Applications for Adoption of Wild Horse(s) or Burro(s)” as currently approved by OMB.

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, 2020, approximately 95,114 wild horses and burros (estimated 79,568 wild horses and 15,546 burros) are roaming on BLM-managed rangelands — nearly 68,344 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.

The 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 proper care and humane treatment 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 proper care and humane 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.

The information is collected from those who wish to adopt or purchase wild horses or burros and from those who seek to train them. The specific information, why the information is collected, how the information is used is discussed in detail below.

1. Application for Adoption & Sale of Wild Horses or Burros, Form 4710-10

(43 CFR 4750.3-1 and 4750.3-2)

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. 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. A prospective adopter must file Form 4710-10, Application to Adoption or Purchase a Wild Horse(s) or Burro(s). The collections of information contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1004-0042. The information will be used to permit the authorized officer to determine whether an application for adoption or purchase and title to wild horses or burros should be granted.

   1. We require the applicant’s taxpayer identifying number, ID and SSN to ensure the terms and condition of the Private Maintenance and Care Agreement (PMACA) is abided by said forth adopter.

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.):

   1. Corral: Dimensions: 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); Length/Width: Included within corral sq. footage? (Yes or No); Attached to Corral? (Yes or No) (If not attached, how is it accessible?);

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

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

   5. 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.

   6. (*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).

3. 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.

4. 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.

5. 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).

6. 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.

7. 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.

2. BLM Facility Requirement Form, Form 4710-24 (43 CFR 4750.3-2)

The BLM proposes to revise Form 4710-24. The BLM works with individuals and organizations to train animals and thereby increases their appeal to adopters and purchasers. The revised form would enable the BLM to determine that trainers provide proper care and humane treatment (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. Further, date of birth is required 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.

2. 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.

3. Additional request to adopt more than four untitled animals: # of additional animals requested to adopt. 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. 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.

5. 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.

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. 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.

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

3. Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros (43 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.

4. 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.

5. 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.

The forms are electronically available to the public in .pdf fillable format at https://www.blm.gov/services/electronic-forms. 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 the benefit of adopting or purchasing or training a wild horse or burro.

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 or purchase wild horses or burros, and the BLM would have to maintain and care for all the animals that otherwise would have been adopted. Further, if we did not collect the information, the BLM would not be able to ensure that the facilities for adopted or purchased horses and burros are appropriate, safe, and humane. BLM would also have no means to ensure that the adopter, purchaser has the means to properly care for the animal. 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(d)(2).

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.

As required in 5 CFR 1320.8(d), on July 19, 2023, the BLM published the required 60-day notice in the Federal Register (88 FR 46175), and the comment period ended September 18, 2023. The BLM received 19 comments in response to this notice. The comments, along with the BLM’s response are summarized below.

The purpose for collecting information is needed for adopting or purchasing a wild horse or burro from the Bureau of Land Management (BLM), specifically on cost and hours of burden to the public to collect personal information on the BLM WH&B government forms. The BLM received 19 comments from the public, some of the comment received were irrelevant to the questions this process is asking, which is about the collection of information. All comments from the public were reviewed and the WH&B program did an overall combined summary for each question asked. Some public comments received, felt the tracking system, where all the WH&B program data is kept should be upgraded to increase safety and transparency for advocates, adopters, and equines. The WH&B program continues to work on the programs databases to make it a more transparent reporting system.

Comments and Response pertaining to whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility.

The Wild Free-Roaming Horse and Burro Act of 1971, directs the BLM to place excess wild horses and burros into qualified homes, this collection of information is essential for the BLM to manage and track all wild equines removed from the public lands. When a wild horse or burro is adopted from the BLM, it remains the property of the BLM for a minimum of one year, during which time periodic inspections occur to ensure the animals are being cared for. Adopters who have not yet fulfilled the requirements to receive official title to their adopted animals –which conveys private ownership – may not sell or otherwise transfer the animals. The collection of information is necessary for practical utility and is the best method to tracking and fulfill this requirement.

Comments and Response pertaining to the accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used.

The BLM actively maintains the Wild Horse and Burro Program System (WHBPS) to categorize, and file information collected. The estimated time and burden needed to collect the information is needed to validate BLM methodology and services and validate the public’s concern for transparency.

Comments and Response pertaining to the ways to enhance the quality, utility, and clarity of the information to be collected.

BLM is always advancing technology and platform that allows us to have accurate up to date, data input, including adopters, information as well as photographs and compliance details.

Comments and Response pertaining to how the agency might minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response.

The BLM is actively working to advance new and up-to-date technology to capture electronic data and streamline the collection of information. The BLM looks to reduce the risk of security breaches of individual private information and increasing the transparency to the public.

As required by 5 CFR 1320.5(a)(1)(iv), BLM published a notice in the Federal Register announcing the submission of this request to OMB and allowing the public 30 days to send comments on the proposed extension of this OMB number to OMB.

Finally, 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.

The three individuals that responded, were random past adopter from different location. Faron Wyoming, Independence Missouri, and Caldwell Idaho. All felt the BLM WH&B program should collect more detailed information about candidates on the adoption recordkeeping, and data elements. Information is needed to manage and track the animals, ensuring animals are adopted into good homes until title was issued. One suggested that perhaps a little video going over the paperwork one step at a time or going paperless using a table that would help walk an adopter through the process. Another responded saying, the adoption application form, collects the right information, but BLM should do a more thorough job on screening first time adopter.

BLM does do site visits and facility check for individuals whose information on the application is in question prior to approving the individual for adoption a wild horse or burro. With the increase in internet service at satellite event, it has helped the WH&B program do a better job of screening potential adopters. The BLM is mandated to go paperless, and the WH&B program is working towards that goal. The WH&B program has also produced forms in Spanish to be more inclusive.

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 for responding to this information collection. However, the Adoption Incentive Program (AIP) does pay adopter for adopting an untrained animal. The AIP program was put in place to encourage more adopters to give a wild horse or burro a good home, the Adoption Incentive Program provides up to $1,000 to adopt an untrained wild horse or burro from the BLM. The goal of the program is to reduce BLM’s recurring costs to care for unadopted and untrained wild horses and burros while helping to enable the BLM to confront a growing over-population of wild horses and burros on fragile public rangelands.

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 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)	Benefits Multiplier	Hourly Wage with Benefits
Farmers, Ranchers, and Other Agricultural Managers (11-9013)	$37.71	1.4	$52.79

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.” Based on the average number of applications received annually, the BLM estimates that there will be 8,045 respondents annually.

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

Collection of Information	Number of Responses	Time per Response (hours)	Burden Hours	Hourly Wage Rate	Dollar Equivalent
Application for Adoption & Sale of Wild Horses or Burros 43 CFR 4750.3-1,4750.3-2 and 4750.4-1 Form 4710-10	8,045	.5	4,023	$52.79	$212,374
Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros 43 CFR 4750.3-3	6	.17	1	$52.79	$53
Request to Terminate Private Maintenance and Care Agreement, 43 CFR 4750.4-3	75	.5	38	$52.79	$2,006
Request for Replacement Animals or Refund, 43 CFR 4750.4-4	12	.5	6	$52.79	$317
BLM Facility Requirement Form, Form 4710-24	450	.5	225	$52.79	$11,878
Totals:	8,588	—	4,293	—	$226,602

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 or purchase 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 Cost Burden

Type of Collection	Number of Responses	Amount of Fee Per Response	Total Fees
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	$1,800
Total:			$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 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/2023/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

Position and Pay Grade	Hourly Pay Rate ($/hour)	Benefits Multiplier	Hourly Rate with Benefits	Percent of Collection Time	Weighted Average
Clerical - GS-6, step 5	$22.82	1.6	$36.51	50%	$18.26
Technical - GS-12, step 5	$44.98	1.6	$71.97	40%	$28.79
Managerial - GS-13,step 5	$53.49	1.6	$85.58	10%	$8.56
Totals:				100%	$55.60

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

Type of Collection	Number of Responses	Time per Response (hours)	Annual Labor Hours	Hourly Staff Cost	Annual Staff Cost
Application for Adoption & Sale of Wild Horses or Burros 43 CFR 4750.3-1, 4750.3-2 and 4750.4-1 Form 4710-10	7,400	.5	3,700	$55.60	$205,720
Supporting Information and Certification for Private Maintenance of More Than Four Wild Horses or Burros, 43 CFR 4750.3-3	6	.17	1	$55.60	$56
Request to Terminate Private Maintenance and Care Agreement, 43 CFR 4750.4-3	75	.5	38	$55.60	$2,113
Request for Replacement Animals or Refund, 43 CFR 4750.4-4	12	.5	6	$55.60	$334
BLM Facility Requirement Form Form 4710-24	450	.17	77	$55.60	$4,281
Total:					$212,503

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

There are no program changes requested. There is an adjustment increase of +323 hours (from 3,970 to 4,293). This increase results from an estimated increase in the number of applications received annually (from 7,943 to 8,588). The adoption of program has experienced an increase in the number of adoptions over the past three years.

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. Additionally, information is available at www.reginfo.gov.

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 requirements outlined in 5 CFR 1320.9.

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