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USDA/FS RIN: 0596-AC31 Publication ID: Spring 2009 
Title: Revisions to General Prohibitions Regarding Livestock and Wild Free-Roaming Horses and Burros on National Forest System Lands 
Abstract: The Forest Service is proposing to revise the regulation governing the management of wild free-roaming horses and burros. This proposed action will incorporate into regulation new provisions for management of wild horses and burros enacted by the Fiscal Year 2005 Omnibus Appropriations Act (Pub. L. 108-447, Division E, title 1, section 142). This proposed action would also eliminate concerns raised by employees and others about inconsistencies in Forest Service and Bureau of Land Management regulations on the management of wild horses and burros. The Fiscal Year 2005 Omnibus Appropriations Act amended the Wild Free-Roaming Horses and Burros Act (Pub. L. 92-195) and mandated the sale of wild horses and burros that meet specific criteria. In general, the law mandates the sale of excess wild horses and burros that are more than 10 years of age or that have been offered unsuccessfully for adoption at least 3 times. These animals are to be made available for sale without limitation, including through auction to the highest bidder, at local sale yards, or other convenient livestock selling facilities, until all excess animals offered for sale are sold or until appropriate management levels are attained across all areas occupied by wild horses and burros. Funds generated from the sale of these animals are to be credited to the Bureau of Land Management and used to help alleviate costs generated from the adoption of wild horses and burros. Additionally, the Forest Service wishes to merge this revision of 36 CFR part 222 with an existing proposed action to revise 36 CFR part 261, subpart A--General Prohibitions; section 261.7, Livestock; and section 261.21, Wild Free-Roaming Horses and Burros (RIN 0596-AC31). That proposed rule would clarify ambiguity regarding whether strict liability must be proven for violations of the prohibitions set out in those sections related to livestock and wild free-roaming horses and burros. 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 222    36 CFR 261.7    36 CFR 261.21   
Legal Authority: 16 USC 551   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lorrie Parker
Regulatory Analyst
Department of Agriculture
Forest Service
ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-6560
Fax:202 260-6539
Email: lsparker@fs.fed.us