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Save Our Wild Horse
What's New!
For the last month many of us have eagerly awaited the public release of the GAO's report on the Wild Horse and Burro Program.
Read more:
FOREVER WILD AND FREE
By Craig C. Downer, Wild Horse Ecologist
Speech for Wild Horse Summit, Las Vegas.
Read more on the Events page
BLM proposes to "euthanize" 33,000 wild horses and burros held in holding facilities.
Read more:
Laws relating to the Wild Horse and Burro Program
Laws relating to the Wild Horse and Burro Program.
Bold face type indicates revisions to the Wild Free Roaming Horse and
Burro Act (Public Law 92-195). Sections 2. and 3. were modified by the Public Rangelands
Improvement Act of 1978; Section 9. was modified by the Federal Land Policy and
Management Act of 1976.
The Wild Free-Roaming Horses and Burros Act of 1971 (Public Law 92-195)
To require the protection, management, and control of wild free- roaming
horses and burros on public lands. Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That Congress finds
and declares that wild free-roaming horses and burros are living symbols of the
historic and pioneer spirit of the West; that they contribute to the diversity
of life forms within the Nation and enrich the lives of
the American people; and that these horses and burros are fast disappearing from the American
scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected
from capture, branding, harassment, or death; and to accomplish this they are to be considered
in the area where presently found, as an integral part of the natural system of the public lands.
Sec. 2. As used in this Act.
- a. "Secretary" means the Secretary of the Interior when used in connection with public lands
administered by him through the Bureau of Land Management and the Secretary of Agriculture in connection with public lands administered by him through
the Forest Service;
- b. "wild free-roaming horses and burros" means all unbranded and
unclaimed horses and burros on public lands of the United States;
- c. "range" means the amount of land necessary to sustain an existing
herd or herds of wild free-roaming horses and burros, which does not exceed their known
territorial limits, and which is devoted principally but not necessarily exclusively to their
welfare in keeping with the multiple-use management concept for the public lands;
- d. "herd" means one or more stallions and his mares; and
- e. "public lands" means any lands administered by the Secretary of the
Interior through the Bureau of Land Management or by the Secretary of Agriculture through the
Forest Service.
- f. "excess animals" means wild free-roaming horses or burros (1) which
have been removed from an area by the Secretary pursuant to application law or,
(2) which must be removed from an area in order to preserve and maintain a
thriving natural ecological balance and multiple-use relationship in that area.
Sec. 3.
- a. All wild free-roaming horses and burros are hereby declared to be
under the jurisdiction of the Secretary for the purpose of management and protection in
accordance with the provisions of this Act. The Secretary is authorized and directed to
protect and manage wild free-roaming horses and burros as components of the public lands,
and he may designate and maintain specific ranges on public lands as sanctuaries
for their protection and preservation, where the Secretary after consultation with the
wildlife agency of the State wherein any such range is proposed and with the Advisory Board
established in section 7 of this Act deems such action desirable. The Secretary shall
manage wild freeroaming horses and burros in a manner that is designed to achieve and maintain a
thriving natural ecological balance on the public lands. He shall consider the
recommendations of qualified scientists in the field of biology and ecology, some of whom
shall be independent of both Federal and State agencies and may include members
of the Advisory Board established in section 7 of this Act. All management
activities shall be at the minimal feasible level and shall be carried out in consultation with
the wildlife agency of the State wherein such lands are located in order to protect
the natural ecological balance of all wildlife species which inhabit such lands,
particularly endangered wildlife species. Any adjustments in forage allocations on
any such lands shall take into consideration the needs of other wildlife species which
inhabit such lands.
- b.
- 1. The Secretary shall maintain a current inventory of wild free-roaming
horses and burros on given areas of the public lands. The purpose of such inventory
shall be to: make determinations as to whether and where an overpopulation
exists and whether action should be taken to remove excess animals;
determine appropriate management levels of wild free-roaming horses and
burros on these areas of the public lands; and determine whether
appropriate management levels should be achieved by the removal or
destruction of excess animals, or other options (such as sterilization, or
natural controls on population levels). In making such determinations the
Secretary shall consult with the United States Fish and Wildlife Service,
wildlife agencies of the State or States wherein wild free-roaming
horses and burros are located, such individuals independent of Federal and State
government as have been recommended by the 7ational Academy of
Sciences, and such other individuals whom he determines have scientific
expertise and special knowledge of wild horse and burro protection,
wild-life management and animal husbandry as related to rangeland management
.
- 2. Where the Secretary determines on the basis of (i) the current
inventory of lands within his jurisdiction; (ii) information contained in any land use
planning completed pursuant to section 202 of the Federal Land Policy and
Management Act of 1976; (iii) information contained in court ordered
environmental impact statements as defined in section 2 of the Public
Rangelands Improvement Act of 1978; and (iv) such additional information
as becomes available to him from time to time, including that information
developed in the research study mandated by this section, or in the absence
of the information contained in (i-iv) above on the basis of all information
currently available to him, that an overpopulation exists on a given area of
the public lands and that action is necessary to remove excess animals, he
shall immediately remove excess animals from the range so as to achieve
appropriate management levels. Such action shall be taken, in the following
order and priority, until all excess animals have been removed so as to
restore a thriving natural ecological balance to the range, and protect the
range from the deterioration associated with overpopulation:
- a. The Secretary shall order old, sick, or lame animals to be destroyed in
the most humane manner possible;
- b. The Secretary shall cause such number of additional excess wild
freeroaming horses and burros to be humanely captured and removed for
private maintenance and care for which he determines an adoption
demand exists by qualified individuals, and for which he determines
he can assure humane treatment and care (including proper
transportation, feeding, and handling): Provided, That, not more than
four animals may be adopted per year by any individual unless the
Secretary determines in writing that such individual is capable of
humanely caring for more than four animals, including the
transportation of such animals by the adopting party; and [PRIA
10/25/1978]
- c. The Secretary shall cause additional excess wild free roaming horses
and burros for which an adoption demand by qualified individuals
does not exist to be destroyed in the most humane and cost efficient
manner possible.
- 3. For the purpose of furthering knowledge of wild horse and burro
population dynamics and their interrelationship with wildlife, forage and water
resources, and assisting him in making his determination as to what
constitutes excess animals, the Secretary shall contract for a research
study of such animals with such individuals independent of Federal and State
government as may be recommended by the 7ational Academy of Sciences
for having scientific expertise and special knowledge of wild horse and
burro protection, wildlife management and animal husbandry as related to
rangeland management. The terms and outline of such research study shall
be determined by a redesign panel to be appointed by the President of the
7ational Academy of Sciences. Such study shall be completed and submitted
by the Secretary to the Senate and House of Representatives on or before
January 1, 1983.
- c. Where excess animals have been transferred to a qualified individual
for adoption and private maintenance pursuant to this Act and the Secretary
determines that such individual has provided humane conditions, treatment and care for such
animal or animals for a period of one year, the Secretary is authorized upon
application by the transferee to grant title to not more than four
animals to the transferee at the end of the one-year period.
- d. Wild free-roaming horses and burros or their remains shall lose their
status as wild free-roaming horses or burros and shall no longer be considered as
falling within the purview of this Act- (1) upon passage of title pursuant to
subsection (c) except for the limitation of subsection (c)(1) of this section, or (2) if they
have been transferred for private maintenance or adoption pursuant to this Act and
die of natural causes before passage of title; or (3) upon destruction by the
Secretary or his designee pursuant to subsection (b) of this section; or (4) if they die
of natural causes on the public lands or on private lands where maintained thereon pursuant to
section 4 and disposal is authorized by the Secretary or his designee;
or (5) upon destruction or death for purposes of or incident to the program
authorized in section 3 of this Act; Provided, That no wild free-roaming horse or
burro or its remains may be sold or transferred for consideration for processing into
commercial products.
Sec. 4. If wild free-roaming horses or burros stray from public lands
onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent
of the Secretary, who shall arrange to have the animals removed. In no event shall such wild
free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in
this section shall be construed to prohibit a private landowner from maintaining wild
free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so
in a manner that protects them from harassment, and if the animals were not willfully removed or
enticed from the public lands. Any individuals who maintain such wild free-roaming horses and
burros on their private lands or lands leased from the Government shall notify the appropriate
agent of the Secretary and supply him with a reasonable approximation of the number of animals so
maintained.
Sec. 5. A person claiming ownership of a horse or burro on the public
lands shall be entitled to recover it only if recovery is permissible under the branding and estray
laws of the State in which the animal is found.
Sec. 6. The Secretary 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 for the furtherance of the purposes of this Act.
Sec. 7. The Secretary of the Interior and the Secretary of Agriculture are authorized and directed
to appoint a joint advisory board of not more than nine members to advise them on any matter
relating to wild free-roaming horses and burros and their management and protection. They shall
select as advisers persons who are not employees of the Federal or State Governments and whom
they deem to have special knowledge about protection of horses and burros, management of
wildlife, animal husbandry, or natural resources management. Members of this board shall not
receive reimbursement except for travel and other expenditures necessary in connection with their services.
Sec. 8.
- a. Any person who-
- 1. willfully removes or attempts to remove a wild free- roaming horse or
burro from the public lands, without authority from the Secretary, or
- 2. converts a wild free-roaming horse or burro to private use, without
authority from the Secretary, or 3. maliciously causes the death or harassment of any wild free-roaming
horse or burro, or
- 4. processes or permits to be processed into commercial products the
remains of a wild free-roaming horse or burro, or
- 5. sells, directly or indirectly, a wild free-roaming horse or burro
maintained on private or leased land pursuant to section 4 of this Act, or the remains thereof, or
- 6. willfully violates a regulation issued pursuant to this Act, shall be
subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both.
Any person so charged with such violation by the Secretary may be tried and
sentenced by any United States commissioner or magistrate designated for that
purpose by the court by which he was appointed, in the same manner and subject
to the same conditions as provided for in section 3401, title 18, United States Code.
- b. Any employee designated by the Secretary of the Interior or the
Secretary of Agriculture shall have power, without warrant, to arrest any person committing in
the presence of such employee a violation of this Act or any regulation made pursuant
thereto, and to take such person immediately for examination or trail before an officer
or court of competent jurisdiction, and shall have power to execute any warrant or
other process issued by an officer or court of competent jurisdiction to enforce the
provisions of this Act or regulations made pursuant thereto. Any judge of a court
established under the laws of the United States, or any United States magistrate may, within his
respective jurisdiction, upon proper oath or affirmation showing probable cause,
issue warrants in all such cases.
Sec. 9.
- In administering this Act, the Secretary may use or contract for the use of
helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use
shall be undertaken only after a public hearing and under the direct supervision of the
Secretary or of a duly authorized official or employee of the Department. The provisions of
subsection (a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be
applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.
Sec. 10.
- Nothing in this Act shall be construed to authorize the Secretary to relocate wild freeroaming
horses or burros to areas of the public lands where they do not presently exist.
Sec. 11.
- After the expiration of thirty calendar months following the date of enactment of this
Act, and every twenty-four calendar months thereafter, the Secretaries of the Interior and
Agriculture will submit to Congress a joint report on the administration of this Act, including a
summary of enforcement and/or other actions taken thereunder, costs, and such recommendations for legislative or other actions he might deem appropriate.
The Secretary of the Interior and the Secretary of Agriculture shall consult with respect to the implementation and enforcement of this Act and to the maximum feasible
extent coordinate the activities of their respective departments and in the implementation and enforcement of this Act.
The Secretaries are authorized and directed to undertake those studies of the habits of wild freeroaming horses and burros that they may deem necessary in order to carry out the
provisions of this Act.
Amendment to the 2005 Omnibus Appropriation Bill (aka The Burns Amendment)
Slipped into the bill over the Thanksgiving weekend the amendment had an impact on the Wild Horse and Burro program. The Omnibus bill was over 3,300 pages and an
immediate vote was required to prevent a government shutdown. The amendment effectively legislated without hearings, debate, public comment or vote.
SEC. 142. SALE OF WILD FREE-ROAMING HORSES AND BURROS.
- (a) IN GENERAL - Section 3 of Public Law 92-195 (16 U.S.C. 1333) is amended —
- (1) In subsection (d)(5), by striking “this section” and all that follows through the period at the end and inserting “this section.”; and
- (2) by adding at the end the following:
- (e) SALE OF EXCESS ANIMALS. –
- “(1) IN GENERAL. – Any excess animal or the remains of any excess animal shall be sold if –
- “(A) the excess animal is more than 10 years of age; or
- “(B) the excess animal has been offered unsuccessfully for adoption at least 3 times.
- “(2) METHOD OF SALE. – An excess animal that meets either of the criteria in paragraph
- (1) shall 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 such time as –
- “(A) all excess animals offered for sale are sold; or
- “(B) the appropriate management level, as determined by the Secretary, is attained in all areas occupied by wild free-roaming horses and burros.
- “(3) DISPOSITION OF FUNDS. – Funds generated from the sale of excess animals under this subsection shall be –
- “(A) credited as an offsetting collection to the Management of Lands and Resources appropriation for the Bureau of Land Management; and
- “(B) used for the costs relating to the adoption of wild free-roaming horses and burros, including the costs of marketing such adoption.
- “(4) EFFECT OF SALE. – Any excess animal sold under this provision shall no longer be considered to be a wild free-roaming horse or burro for purposes of this Act.”
(b) Criminal Provisions — Section 8(a)(4) of Public Law 92-195 (16 U.S.C. 1338) is amended by inserting “except as provided in Section 3(e),” before “processes.”
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