C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER D—RANGE MANAGEMENT (4000) Group 4100—Grazing Administration › PART 4700—PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING HORSES AND BURROS › Subpart 4770—Prohibited Acts, Administrative Remedies, and Penalties

43 C.F.R. § 4770.3

Administrative remedies

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(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 is necessary 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.

[59 FR 7643, Feb. 16, 1994]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1993–2024 · leading case: Fund for Animals, Inc. v. U.S. Bureau of Land Mgmt., 460 F.3d 13 (D.C. Cir. 2006).
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Fund for Animals, Inc. v. U.S. Bureau of Land Mgmt., 460 F.3d 13 (D.C. Cir. 2006). “43 C.F.R. § 4770.3 ; id. pt. 4. In early 1999, the Bureau recognized that a population explosion among wild horses and burros had rendered it incapable of achieving its statutory goals at then-current funding levels.”
Blake v. Babbitt, 837 F. Supp. 458 (D.D.C. 1993). “At issue is the validity of a regulation of the Bureau of Land Management (“BLM”) of the United States Department of Interior, 43 C.F.R. § 4770.3 (c), that allows a delegated field officer (“authorized officer”) of BLM to make and place in full force and effect a decision to…”
Friends of Animals v. Pendley (D.D.C. 2021). “shall be effective upon issuance or on a date established in the decision,” 43 C.F.R. § 4770.3 (c) (emphasis added). Accordingly, the 2019 Instruction Memorandum’s guidance that “gather decisions should be issued at least 14 days prior to the proposed gather start date,” TP…”
Friends of Animals v. U.S. Bureau of Land Mgmt. (D.D.C. 2024). “Nor does FOA offer any basis to doubt that those findings satisfy 43 C.F.R. § 4770.3 (c), which permits a decision to become effective upon issuance when “removal is required by applicable law or is necessary to preserve or maintain a thriving ecological balance and multiple use…”
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