l11as00043-m2-answers to questions received.doc

REQUEST FOR APPLICATIONS NO. L11AS00043, Modification No. 2

Answers to Questions Received from Potential Applicants

1. Why did the BLM have two separate announcements for proposals? Having separate announcements helps keep the process organized because the two types of funding opportunities carry different levels of evaluation. Proposed eco-sanctuaries that involve private lands exclusively may be the least complex to evaluate. These eco-sanctuaries were invited under funding opportunities posted as Requests for Applications (RFAs) issued on March 15, 2011. Proposed eco-sanctuaries on a combination of public lands and private lands would increase the need to evaluate proposals against public land laws, regulations and policies that apply to the public lands portion of the proposal. These eco-sanctuaries utilizing a combination of public and private lands were invited under the funding opportunity RFA issued on March 24, 2011. In this open and competitive process, it will be easier and fairer to evaluate proposals for eco-sanctuaries on private lands only against similar private land proposals; and to evaluate combination proposals against similar combination proposals.

2. Does the proposal allow for negotiation prior to agreement award? Yes, negotiations will take place prior to award. The negotiation process may be minimal or may involve negotiating all aspects of the proposed award with the applicant. It may involve explaining to the applicant that the budget must be changed to comply with regulations. Or it may involve a comprehensive give-and-take negotiation of all aspects of the award, including the scope of work, the budget, and the terms and conditions. The BLM Grants Management Officer represents the government in all negotiations with applicants. The BLM Program Officer will provide information and/or participate in negotiations, in coordination with the Grants Management Officer.

3. Does a 501(c)3 non-profit organization qualify to submit an application for wild horse partnerships for eco-sanctuaries? Yes, as long as the organization meets the requirement of being the landowner or have control by other legal means.

4. Where will eco-sanctuaries be located? An eco-sanctuary may be proposed either solely on private, Tribal, state or other lands or in combination with public lands. Public lands managed by the BLM are primarily located in the western United States, therefore combination proposals would likely occur in the West. However, eco-sanctuary proposals on private, Tribal or state land could occur anywhere in the contiguous United States.

5. When would the first eco-sanctuary be able to receive horses? It is expected that any successful proposed eco-sanctuary on private lands may be selected earlier than proposals using combination public and private lands. Horses would be provided under signed Assistance Agreements (AA) following completion of environmental compliance documents. Combination proposals would also require the completion of any needed Resource Management Plan (RMP) amendments. There is a potential that a private land eco-sanctuary could be ready, under signed agreement, by late fall 2011. BLM’s expectation is that any approved combination public and private land eco-sanctuary may be delayed until 2012 or even 2013, due to the requirements of law, regulation, and policy on public lands.

6. Why does it take so long to create an eco-sanctuary on public lands? Public lands are managed under the Federal Land Policy and Management Act (FLPMA), and other public land laws that require consideration of multiple uses, as well as public participation, in management decisions. A change in existing land use or forage allocations on public lands may require the BLM to amend the governing Resource Management Plan (RMP). The RMP amendment process could take two or more years to complete the analysis and required public participation components.

7. What is the acreage requirement per horse? It is not possible to answer this question. The carrying capacity of a parcel of land is different for each geographical region. One of the requirements of the funding opportunity is to have a professional from the Natural Resource Conservation Service, the Bureau of Land Management, or other professional, conduct an assessment of the proposed land and make this determination.

8. Is there any potential to take less than 200 horses for a landowner who would like to take in perhaps 2-3 horses at a time, train and care for them and search for people to adopt them? Taking less than 200 horses for placement on an eco-sanctuary is considered cost prohibitive. However, trainers, including schools with equine science specialization, may contact the BLM Wild Horse Desk at 1-800-468-7826 for information on how to receive horses for training and adoption purposes.

9. Are there statistics available regarding the age range of horses that eco-sanctuaries would receive? Typically, the BLM would want to place horses with the highest potential for adoption in eco-sanctuaries that also provide an adoption outlet. The specific age range of adoptable horses at eco-sanctuaries would be determined by a number of factors, depending on the availability at short-term holding facilities, other expired long-term holding contracts, and if there is an adoption component at the eco-sanctuary.

10. What are the ages of horses for an eco-sanctuary versus horses for adoptions? An eco-sanctuary without an adoption component will receive horses that have been passed over for adoption three times regardless of age, or are greater than 10 years old. The majority of the horses delivered to eco-sanctuaries with adoption components will be 5 years-old or younger, however horses of any age may be adopted.

11. How much money is the BLM going to pay per horse? Eco-sanctuary proposals will be evaluated based on a potential cost savings to the Federal government over other long-term pasture contracts. Other evaluation factors are listed in the RFAs. The rate of reimbursement will be determined in the proposal and budget submitted.

12. Where is the money going to come from? The Federal budget, allocated by Congress, is used to fund government programs, including management of wild horses and burros, both on the range and in long-term pastures, or any potential eco-sanctuary. The American taxpayer provides the dollars that Congress distributes. The BLM hopes to find savings for the taxpayer by working with eco-sanctuary applicants to host wild horses in long-term pastures, with the added benefit of public visitation to the horses and possibly an increased number of training and adoption facilities.

13. How will public access be provided at eco-sanctuaries? A primary goal of eco-sanctuaries is that some level of public visitation would be provided in a safe and non-disruptive manner. Public access across and onto private lands should be defined in the eco-sanctuary proposal.

14. Is an applicant required to own land? The Wild Free-Roaming Horses and Burros Act (WFRHBA) allows the BLM to enter into cooperative agreements with landowners. A landowner may propose agreements that include a third-party organization to manage horses, and with the BLM to provide horses. This should be indicated in the proposal.

15. If the applicant does not already own the land, can the cost of the land be covered under the award? Facilities, including land, are an allowable cost under certain conditions. Please refer to the following OMB Circulars for clarification: For States, local governments and Indian Tribes: A-87 Cost Principles; For Educational Institutions (even if part of a State or local government); A-21Cost Principles Non-profit Organizations: A-122 Cost Principles, and for-profit organizations and small business refer to 48 CFR 31.2. Bear in mind that if you do not already own the land, it may impact your ability to be competitive.

16. Will funding be provided for start-up costs? All anticipated costs should be clearly identified in the proposal to allow for evaluation of the proposal. A determination can then be made concerning reimbursement of applicable and allowable costs. If the proposal requires a large amount of up-front investment, the proposal may be less likely to be considered highly competitive in the evaluation process.

17. Although the application forms in the funding opportunity are for non-construction programs, could funding be applied to construction of a shed and paddock for eco-sanctuary horses? Yes, potentially funding could be used for building of infrastructure. However, it would be dependent on the individual proposal. Again, if the proposal requires a lot of up-front investment, then the proposal is less likely to be as competitive in the evaluation process.

18. What are the BLM’s intentions and/or restrictions regarding funding for capital improvements, such as establishing accommodations for visitors through a visitor center? While public visitation should be a part of the opportunity provided by eco-sanctuaries, there is no specific objective in the eco-sanctuary program for the government to fund or construct visitor centers. If an applicant includes a visitor center, or visitor facilities in the eco-sanctuary proposal, those costs would be defined in the proposal, and the contributions of each party proposed, so that the overall cost to the government can be evaluated. In looking for eco-sanctuary partnerships, the primary goal is that the overall cost to government should decrease when compared with long-term pasture costs; however, the potential added costs to provide adequate public facilities may also be considered.

19. Regarding facilities, if we intend to build a facility are we required to put out bids because it will be used for a government purpose? Yes, the recipient would need to follow the procedures applicable to their type of organization. States and local governments and Indian Tribes follow the procedures in 43 CFR 12.76, Procurement. Non-Profit and all other organizations follow the procedures in 43 CFR 12.940 – 948, Procurement Standards.

20. Regarding facilities, if we intend to build a facility would those bidders then be required to buy all American materials? Yes, the recipient would follow the procedures in 43 CFR Subpart E – Buy American Requirements for Assistance Programs.

21. Regarding facilities, if we intend to build a facility would those bidders be required to pay wages according to the Davis-Bacon act? Davis-Bacon Act does not apply because the legislative authority does not require it.

22. Why is there a difference in the BLM’s fence requirements for public and private proposals? The terms of private land long-term pasture contracts and private land eco-sanctuary proposals require fencing to specific standards in order to contain excess wild horses. Public lands are managed by the BLM for multiple uses, including wildlife habitat, so that fencing requirements for combined public and private land proposals may be different, depending on the considerations of both containing excess wild horses and allowing appropriate wildlife passage. Actual specifications would be determined by the local BLM office.

23. Does partner handle trucking from the holding facility to the eco-sanctuary or does BLM? BLM will be responsible for handling the transportation to the unloading chute of the partner. If the animals need to be removed at a later date, then it is the partner’s responsibility to gather the horses so BLM can load the horses for removal.

24. Why are the eco-sanctuaries to be located on combination private and BLM managed public lands required to be inside Herd Areas (HAs)? Under current law, the management of wild horses and burros is geographically constrained on public lands. The BLM is not authorized to relocate horses to areas of public lands outside of Herd Areas, the areas identified as having been used by wild horse herds in 1971. Because eco-sanctuary horses are still considered wild horses, when on public lands, they must be kept within Herd Areas. However, the Secretary of Interior is authorized to enter into cooperative agreements with other landowners and with the State and local governmental agencies, and may issue such regulations as he deems necessary. This allows wild horses to be kept on privately owned lands irrespective of HAs.

25. Can eco-sanctuary proposals include lands within Herd Management Areas (HMAs)? Proposals may include lands within existing HMAs. Applicants should be aware, however, that before accepting such a proposal, the BLM would have to consider and analyze a decision to adjust the boundaries of affected HMAs through the Land Use Planning process. Such decisions would likely cause the affected HMAs to be reduced in size or totally eliminated. This is required for a number of reasons, among which is that excess horses that have been removed from the range and held in eco-sanctuaries must be separated from wild herds to allow for separate management and to prevent reproduction.

26. Why are eco-sanctuaries only allowed non-reproducing herds? Horse herds increase at the rate of about 20 percent each year, so that means horse numbers may double in any four year period. Horses to be placed in an eco-sanctuary have been determined to be excess horses, above the Appropriate Management Level (AML) allowable in Herd Management Areas (HMAs) on the public rangelands. Since the U.S. taxpayer funds long-term pastures and/or future eco-sanctuaries where excess horses have been placed, we do not wish the number of excess horses located outside of active HMAs, and associated costs for care, to increase over time.

27. Since all herds located on eco- sanctuaries will be non-reproducing, will there be an opportunity to have foals in the eco-sanctuary in order to share that experience with the public? There is an opportunity to have foals with mares on a facility. Mares that are in foal can be shipped to these facilities. At that time the foals will still be owned by the BLM, however when they are six months of age they will be weaned, freeze branded, vaccinated and prepared for adoption.

28. Will BLM continue to geld the studs/sterilize the mares, or will that be the responsibility of the sanctuary? BLM will provide only non-reproducing herds to eco-sanctuaries. At this time BLM only sterilizes stallions; mares are not sterilized. All wild horses placed on these facilities will be geldings, dry mares, and/or mares in foal.

29. What happens if an eco-sanctuary applicant has a grazing permit for cattle? Can it be used for these excess wild horses? If an eco-sanctuary applicant has a grazing permit for public lands and is interested in relinquishing a grazing permit so that forage from public lands may be re-allocated to excess wild horses, this should be defined in the application for an eco-sanctuary.

30. Can I be paid to allow excess horses to graze on my current livestock grazing permit? Applicants for an eco-sanctuary must define how excess wild horses would be provided with forage and water. An Assistance Agreement would define what the eco-sanctuary proponent would agree to provide, and what the BLM would agree to provide. If forage is provided from public lands, that portion of the forage would be provided by the BLM, and thus not subject to a payment to any eco-sanctuary proponent.

31. What happens with AUMs (animal unit months) expire? AUMs do not expire. Grazing preferences are available through ten year permits or leases, and can be renewed every ten years. The only time the AUMs can be changed is through the Land Use Planning process and/or with an associated NEPA (National Environmental Policy Act) document.

32. What vaccinations are required? Most horses that would be sent for adoption and training will have to be vaccinated per the schedule below as well as be up to date on vaccinations prior to leaving the facilities.

Table 1: De-worming Schedule for Wild Horses at Short-Term Eco-sanctuaries

Table 2: Vaccination Schedule for Wild Horses at Short-Term Eco-sanctuaries

After that every 180 days.

After that every 180 days.

After that every 180 days.

Eastern & Western

Encephalomyelitis

After that once a year.

After that once a year.

After that once a year.

After that once a year.

33. Will it be required to gather horses yearly for vaccinations? Horses that stay on the eco-sanctuary facility will not be gathered to update vaccinations. Only those horses that are in an eco-sanctuary with adoption and training components will be required to be vaccinated.

34. Is worming of free-roaming horses allowed? If the horses are truly going to be free-roaming, then they are not to be rounded up and put in a chute to worm them. One option is the addition of wormer in the cake being fed while horses are in the pasture.

35. Can free-roaming horses be herded from one pasture to another utilizing all-terrain vehicles/other vehicles? Four wheelers, off road vehicles, and on horseback may be used to move wild horses from one privately owned pasture to another. However, if the use of a vehicle occurs on public lands, the BLM must conduct a hearing in the area the vehicle is to be used. In all cases, herding must be done very slowly to avoid running the horses through any fences.

36. Will the horses have other identification markings in addition to the freezemark? All horses in long-term holding have 3-inch or 4-inch hip brands that correspond with the four last numbers of their freezemark and would be the same for eco-sanctuary horses to be held in long-term pastures. Sale eligible wild horses that are sold would receive an additional freezemark of a letter U on the left side of their neck.

37. Does BLM allow an identification chip to be implanted in the horses? No, the freezemark is the only authorized method for identifying horses at this time.

38. Who is responsible for vetting any adoption applications? The BLM has the responsibility to review and approve adoption and sale applications, complete adoption and sale paperwork, and collect adoption and sale fees. The eco-sanctuary partners would have the interested adopter or purchaser complete the adoption or sales application and then send it to the appropriate BLM office for approval.

39. Does the BLM retain the entire adoption fee or does a portion underwrite the applicant’s program costs? All adoption fees collected by the recipient will be retained to offset program costs and will be reported as program income. The terms for utilizing this program income will be decided during the negotiation process prior to award.

40. If horses die in an eco-sanctuary, would they be replaced? Provided cause of death was of natural causes, horses would be replaced in the previously agreed number of horses per trailer load. Normal size of a trailer load is approximately 30 horses. This number of horses to be replaced would be determined annually.

41. Would eco-sanctuary partners be able to attend gathers? Successful partners with eco-sanctuaries would be primarily responsible for long-term pasturing of excess wild horses. Members of the public may attend gathers, when it is safe and non-disruptive to do so. The BLM will improve accessibility of the public to the operations, and in particular, will continue to work with partners to increase understanding of all wild horse program operations.