|
READ SECTION 3. THIS
IS WHERE THE SECRETARY OF INTERIOR CAN AUTHORIZE THE DIRECTOR OF THE BLM
TO KILL ALL WILD HORSES. A SIMPLE SLIP OF THE BLM NOT DOING
THERE JOB AND MAKING EXCUSES CAN SEND OUR LEGACY, OUR HERITAGE OUR WILD
HORSES TO THERE DEATH. ITS WHAT THEY ARE WANTING IF THE PUBLIC
DOES NOT RESPOND.
MAKE NO MISTAKE THERE IS PLENTY
OF GRASS AND WATER ON THE FEDERAL LANDS, ITS THE LAND THAT IS LEASED OUT
TO THE CATTLEMEN THAT HAVE 150 TO 1 WILD HORSE THAT IS THE PROBLEM. THEY
CLAIM THE 1 WILD HORSE IS OVER GRAZING THE AREA.
TO FIX THIS ISSUE WE THE PUBLIC
HAVE TO HAVE CONGRESS CHANGE THE TAYLOR GRAZING ACT, THAT IS
KILLING OUR WILD HORSES, SO PLEASE CONTACT YOUR CONGRESSMAN, SENATOR TO
ASK THEM TO ENCOURAGE THE FUNDING BE KEPT IN PLACE TO KEEP OUR WILD
HORSES FREE AND TO HAVE THEM CHANGE THE TAYLOR GRAZING ACT. MAKE
THESE LANDS OPEN FOR ALL TO BID TO GRAZE. ITS OUR LAND SO SPEAK UP
AMERICA!
SEE THE LAW BELOW.
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-
- "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.
-
- 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.
PLEASE HELP TODAY, CALL YOUR CONGRESSMAN OR SENATOR TODAY. TELL THEM TO
PROTECT AMERICA'S LAST TRUE LEGEND, THE WILD MUSTANG, THE AMERICAN
SYMBOL OF FREE SPIRIT.email
grfield@wildhorsefoundation.org with your comments

|