Materials related to Revisions of 43 CFR Part 4700
I have reviewed Federal Register, Vol. 51 No. 41, dated March 3, 1986, which addresses revisions on wild free-roaming horses and burros in Part 4700. I would like to get more background material on this matter but am unsure where to look or who to ask. More specifically, I'm interested in knowing:
1. what did Part 4700 contain prior to this revision
2. what did the initial language look like that the public commented on as regards this revision
3. are there records of public comments made to the revision (not just the summary that is in the Federal Register)
4. are there records that detail the Bureau of Land Management's considerations in drafting and editing the revisions
Thanks for any direction you can provide.
Answer
Thank you for your questions. I will take them one at a time:
1. What did Part 4700 contain prior to this revision?
I located a 1985 edition of 43 CFR Part 4700 in our ProQuest Congressional database, which includes annual editions of the CFR back to 1938 (the free, public version of the CFR available from GovInfo.gov only goes back to 1994). I have uploaded a copy of this document here. Let me know if you would like to see a different year. Older copies of the CFR may also be available through your local depository library in a paper copy or in a paid database such as ProQuest Congressional.
2. What did the initial language look like that the public commented on as regards this revision?
A proposed rulemaking to revise the existing regulations on the protection, management, and control of wild free-roaming horses and burros on public lands was published in the Federal Register on December 18, 1984. (49 FR 49252). That proposal shows the language of the proposed revision. https://www.govinfo.gov/content/pkg/FR-1984-12-18/pdf/FR-1984-12-18.pdf#page=208
3. Are there records of public comments made to the revision (not just the summary that is in the Federal Register)?
There should be records of these public comments. Each agency has the option of how to make them available—some publish the comments in a document, and others keep them on file in an office or archive. The Regulation.gov website often has comments on current regulations if the agency has posted them there, but their data does not go back earlier than 2002. I have not been able to find a published version of these comments, and because of their age they may have been sent to the National Archives. I checked the list of BLM records that are available in the National Archives, and they don't appear to have much that is later than the early 1980s. You can see an overview of the Records of the Bureau of Land Management and how they are organized at https://www.archives.gov/research/guide-fed-records/groups/049.html and you can search the National Archives Catalog at https://catalog.archives.gov/
I would recommend contacting the Bureau of Land Management and they should be able to provide you with a copy of the full text of the comments or let you know how to obtain them. Here is their contact information (more information is at https://www.blm.gov/office/national-office):
Mailing Address:
Bureau of Land Management
1849 C Street NW
Washington, DC 20240
Phone: 202-208-3801
Fax: 970-256-4997
Hours: 9am - 5pm
4. Are there records that detail the Bureau of Land Management's considerations in drafting and editing the revisions?
Yes, the proposed rulemaking document mentioned in question 2 above summarized the issues the BLM considered in drafting the proposed rule, and the March 3, 1986 Federal Register gives their reactions to the comments that were sent in. There may be more detailed documents that they have in their offices or archives. I would ask them about that using the contact information listed above.
I hope this information is helpful to you. If this is not what you need, or if you should require any further assistance, please let us know.
Bobby Griffith
Lead Government Information Reference Associate
Sycamore Library
University of North Texas Libraries