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-
- "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;
- "wild free-roaming horses and burros" means
all unbranded and unclaimed horses and burros on public lands of the
United States;
- "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;
- "herd" means one or more stallions and his
mares; and
- "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.
- "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.
- 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
free-roaming 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.
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- 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 National 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.
- 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:
- The Secretary shall order old, sick, or lame
animals to be destroyed in the most humane manner possible;
- The Secretary shall cause such number of
additional excess wild free-roaming 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]
- 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.
- 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
National 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 National 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.
- 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.
- 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.
- Any person who-
- willfully removes or attempts to remove a wild
free- roaming horse or burro from the public lands, without authority
from the Secretary, or
- converts a wild free-roaming horse or burro to
private use, without authority from the Secretary, or
- maliciously causes the death or harassment of
any wild free-roaming horse or burro, or
- processes or permits to be processed into
commercial products the remains of a wild free-roaming horse or burro, or
- 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
- 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.
- 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 free-roaming 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 free-roaming horses and burros that they may deem necessary in order to carry out the provisions of this Act.
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