TITLE 43-CODE OF FEDERAL REGULATIONS
(as of 7/1/94)

SUBPART 4750-PRIVATE MAINTENANCE

§4750.1 Private maintenance.
The authorized officer shall make available for private maintenance all healthy excess wild horses or burros for which an adoption demand by qualified individuals exists.

§4750.2 Health, Identification, and inspection requirements.

§4750.2-1 Health and identification requirements.
........ (a) An individual determined to be qualified by the authorized officer shall verify each excess animal's soundness and good health, determine its age and sex, and administer immunizations. worming compounds, and tests for communicable diseases.
........ (b) Documentation conforming compliance with State health inspection and immunization requirements for each wild horse or burro shall be provided to each adopter by the authorized officer.
........ (c) Each animal offered for private maintenance, including orphan and unweaned foals, shall be individually identified by the authorized officer with a permanent freeze mark of alpha numeric symbols on the left side of its neck. The freeze mark identifies the animal as Federal property subject to the provisions of the Act and these regulations by a patented symbol, the animal's year of birth, and its individual identification number. The authorized officer shall record the freeze mark on the documentation of health and immunizations. For purposes of this subpart, a freeze mark applied by the authorized officer is not considered a brand.

§4750.2-2 Brand inspection.
The authorized officer shall make arrangements on behalf of an adopter for State inspection of brands, where applicable, of each animal to be transported across the State where the adoption center is located. The adopter shall be responsible for obtaining inspections for brands required by other States to or through which the animal may be transported.

§4750.3 Application requirements for private maintenance.

§4750.3-1 Application for private maintenance of wild horses and burros.
An individual applying for a wild horse or burro shall file an application with the Bureau of Land Management on a form approved by the Director.

§4750.3-2 Qualification standards for private maintenance.
........ (a) To qualify to receive a wild horse or burro for private maintenance, an individual shall:
........ (1) Be 18 years of age or older;
........ (2) Have no prior conviction for inhumane treatment of animals or for violation of the Act or these regulations;


4750.3-2(a)3

........ (3) Have adequate feed, water, and facilities to provide humane care to the number of animals requested. Facilities shall be in safe condition and of sufficient strength and design to contain the animals. The following standards apply:
........ (i) A minimum space of 144 square feet shall be provided for each animal maintained. if exercised daily; otherwise, a minimum of 400 square feet shall be provided for each animal;
........ (ii) Until fence broken, adult horses shall be maintained in an enclosure at least 6 feet high; burros in an enclosure at least 4 1/2 feet high; and horses less than 18 months old in an enclosure at least 5 feet high. Materials shall be protrusion-free and shall not include large-mesh woven or barbed wire;
........ (iii) Shelter shall be available to mitigate the effects of inclement weather and temperature extremes. The authorized officer may require that the shelter be a structure, which shall be well-drained and adequately ventilated;
........ (iv) Feed and water shall be adequate to meet the nutritional requirements of the animals, based on their age, physiological condition and level of activity; and
........ (4) Have obtained no more than 4 wild horses and burros within the preceding 12-month period, unless specifically authorized in writing by the authorized officer.
........ (5) The authorized officer shall determine an individual's qualifications based upon information provided in the application form required by 4750.3-1 of this subpart and Bureau of Land Management records of any previous private maintenance by the individual under the Act.

§4750.3-3 Supporting information and certification for private maintenance of more than 4 wild horses or burros.
........ (a) An individual applying to adopt more than 4 wild horses or burros within a 12-month period, or an individual or group of individuals requesting to maintain more than 4 wild horses or burros at a single location shall provide a written report prepared by the authorized officer, or by a local humane official, veterinarian, cooperative extension agent, or similarly qualified person approved by the authorized officer, verifying that the applicant's facilities have been inspected, appear adequate to care for the number of animals requested, and satisfy the requirements contained in 4750.3-2 (a).
........ (1) The report shall include a description of the facilities, including corral sizes, pasture size, and shelter, barn, or stall dimensions, and shall note any discrepancies between the facilities inspected and representations made in the application form.
........ (2) 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 shall be inspected by the authorized officer prior to approving the application.
........ (b) The Authorized Officer will not approve an adoption in which the Private Maintenance and Care Agreement will be signed by an individual holding the power of attorney of the adopter where the adopted animals will be maintained in groups of more than 4 untitled wild horses or burros in one location.
........ (c) Any individual holding one or more powers of attorney to sign the Private Maintenance and Care Agreement (s) and who will transport more than 4 wild horses or burros on behalf of adoption applicants shall provide the following:
........ (1) A summary of the age, sex, and number of wild free-roaming horses or burros requested by species;
........ (2) Requested adoption date and center location:
........ (3) Names, addresses, and telephone numbers of all applicants represented by a power of attorney submitted with the request;
........ (4) A transportation plan that describes the transport vehicle and any rest stops;
........ (5) A distribution plan for delivering the animals to their assigned adopters; and
........ (6) Names, addresses, and a concise summary of the experience of the individuals who will handle the adopted animals during transportation and distribution.

[51 FR 7414, Mar. 3, 1986, as amended at 55 FR 39152, Sept. 25, 1990]

§4750.3-4 Approval or disapproval of applications.
If an application is approved, the authorized officer shall offer the individual an opportunity to select the appropriate number, sex, age and species of animals from those available. If the authorized officer disapproves an application for private maintenance because the applicant lacks adequate facilities or transport, the individual may correct the shortcoming and file a new application.

§4750.4 Private maintenance of wild horses and burros.

§4750.4-1 Private Maintenance and Care Agreement
To obtain a wild horse or burro, a qualified applicant shall execute a Private Maintenance and Care Agreement and agree to abide by its terms and conditions, including but not limited to the following:
........ (a) Title to wild horses and burros covered by the agreement shall remain in the Federal Government for at least 1 year after the Private Maintenance and Care Agreement is executed and until a Certificate of Title is issued by the authorized officer:
........ (b) Wild horses and burros covered by the agreement shall not be transferred for more than 30 days to another location or to the care of another individual without the prior approval of the authorized officer;
........ (c) Wild horses and burros covered by the agreement shall be made available for physical inspection within 7 days of receipt of a written request by the authorized officer;
........ (d) The authorized officer shall be notified within 7 days of discovery of the death, theft or escape of wild horses and burros covered by the agreement:
........ (e) Adopters are financially responsible for the proper care and treatment of all wild horses and burros covered by the agreement;
........ (f) Adopters are responsible, as provided by State law, for any personal injury, property damage, or death caused by animals in their care; for pursuing animals that escape or stray; and for costs of recapture.
........ (g) Adopters shall notify the authorized officer within 30 days of any change in the adopter's address; and
........ (h) Adopters shall dispose of remains in accordance with applicable sanitation laws.

§4750.4-2 Adoption fee.
........ (a) An individual obtaining wild horses and burros shall pay the Bureau of Land Management an adoption fee of $125 per horse and $75 per burro, except that no fee shall be paid for unweaned foals.
........ (b) The Director may adjust or waive the adoption fee on determining that wild horses or burros in the custody of the Bureau of Land Management are unadaptable when the full adoption fee is required, and that it is in the public interest to adjust or waive the adoption fee stated in paragraph (a) of this section. The adjustment or waiver shall extend only to those persons who are willing to maintain such animals privately, who demonstrate the ability to care for them properly, and who agree to comply with all rules and regulations relating to wild horses and burros.

§4750.4-3 Request to terminate Private Maintenance and Care Agreement.
An adopter may request to terminate his/her responsibility for an adopted animal by submitting a written relinquishment of the Private Maintenance and Care Agreement for that animal. The authorized officer shall arrange to transfer the animal to another qualified applicant or take possession of the animal at a location specified by the authorized officer within 30 days of receipt of the written request for relinquishment.

§4750.4-4 Replacement animals.
The authorized officer shall replace an animal, upon request by the adopter, if (a) within 6 months of the execution of the Private Maintenance and Care Agreement the animal dies or is required to be destroyed due to a condition that existed at the time of placement with the adopter; and (b) the adopter provides, within a reasonable time, a statement by a veterinarian certifying that reasonable care and treatment would not have corrected the condition. Transportation of the replacement animal shall be the responsibility of the adopter.

§4750.5 Application for title to wild horses and burros.
........ (a) The adopter shall apply for title, using a form designated by the Director, upon signing the Private Maintenance and Care Agreement.
........ (b) The authorized officer shall issue a Certificate of Title after 12 months, if the adopter has complied with the terms and conditions of the agreement and the authorized officer determines, bred either on a field inspection or a statement provided by the adopter from a veterinarian, extension agent, local humane official, or other individual acceptable to the authorized officer, that the animal or animals covered by the Agreement have received proper care and humane treatment.
........ (c) An adopter may not obtain title to more than 4 animals per 12-month period of private maintenance. Effective the date of issuance of the Certificate of Title, Federal ownership of the wild horse or burro ceases and the animal loses its status as a wild horse or burro and is no longer under the protection of the Act or regulations under this title.

SUBPART 4760-COMPLIANCE

§4760.1 Compliance with the Private Maintenance and Care Agreement
........ (a) An adopter shall comply with the terms and conditions of the Private Maintenance and Care Agreement and these regulations. The authorized officer may verify compliance by visits to an adopter, physical inspections of the animals, and inspections of the facilities and conditions in which the animals are being maintained. The authorized officer may authorize a cooperative extension agent, local humane official or similarly qualified individual to verify compliance.
........ (b) The authorized officer shall verify compliance with the terms of the Private Maintenance and Care Agreement when an adopter has received 25 or more animals or when 25 or more animals are maintained at a single location.
........ (c) The authorized officer shall conduct an investigation when a complaint concerning the care, treatment, or use of a wild horse or burro is received by the Bureau of and Management.
........ (d) The authorized officer may require, as a condition for continuation of a Private Maintenance and Care Agreement, that an adopter take specific corrective actions if the authorized officer determines that an animal is not receiving proper care or is being maintained in unsatisfactory conditions. The adopter shall be given reasonable time to complete the required corrective actions.

SUBPART 4770-PROHIBITED ACTS, ADMINISTRATIVE REMEDIES AND PENALTIES

§4770.1 Prohibited acts.
The following acts are prohibited:
........ (a) Maliciously or negligently injuring or harassing a wild horse or burro;
........ (b) Removing or attempting to remove a wild horse or burro from the public lands without authorization from the authorized officer;
........ (c) Destroying a wild horse or burro without authorization from the authorized officer except as an act of mercy;
........ (d) Selling or attempting to sell, directly or indirectly, a wild horse or burro or its remains;
........ (e) Commercially exploiting a wild horse or burro:
........ (f) Treating a wild horse or burro inhumanely;
........ (g) Violating a term or condition of the Private Maintenance and Care Agreement;
........ (h) Branding a wild horse or burro;
........ (i) Removing or altering a freeze mark on a wild horse or burro;
........ (j) Violating an order, term, or condition established by the authorized officer under this part.

§4770.2 Civil penalties
........ (a) A permittee or lessee who has been convicted of any of the prohibited acts found in 4770.1 of this title may be subject to suspension or cancellation of the permit or lease.
........ (b) An adopter's failure to comply with the terms and conditions of the Private Maintenance and Care Agreement may result in the cancellation of the agreement, repossession of wild horses and burros included in the agreement and disapproval of requests by the adopted for additional excess wild horses and burros.

4770.3

§4770.3 Administrative remedies.
........ (a) Any person who is adversely affected by a decision of the authorized officer in the administration of these regulations may file an appeal. Appeals and petitions for stay of a decision of the authorized officer must be filed within 30 days of receipt of the decision in accordance with 43 CFR part 4.
........ (b) Notwithstanding the provisions of paragraph (a) of §4.21 of this title, the authorized officer may provide that decisions to cancel a Private Maintenance and Care Agreement shall be effective upon issuance or on a date established in the decision so as to allow repossession of wild horses or burros from adopters to protect the animals' welfare.
........ (c) Notwithstanding the provisions of paragraph (a) of §4.21 of this title, the authorized officer may provide that decisions to remove wild horses or burros from public or private lands in situations where removal is required by applicable law or to preserve or maintain a thriving ecological balance and multiple use relationship shall be effective upon issuance or on a date established in the decision.

[56 FR 786, Jan. 9, 1991, as amended at 57 FR 29654, July 6. 1992]

§4770.4 Arrest.
The Director of the Bureau of Land Management may authorize an employee who witnesses a violation of the Act or these regulations to arrest without warrant any person committing the violation, and to take the person committing the violation, and to take the person immediately for examination or trial before an officer or court of competent jurisdiction. Any employee so authorized shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of the Act or these regulations.

§4770.5 Criminal penalties.
Any person who commits any act prohibited in 4770.1 of these regulations shall be subject to a fine of not more than $2,000 or imprisonment for not more than 1 year, or both, for each violation. Any person so charged with such violation by the authorized officer may be tried and sentenced by a United States Commissioner or magistrate, designated for that purpose by the court by which he/she was appointed, in the same manner and subject to the same conditions as provided in 18 U.S.C. 3401.

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