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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.
(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 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.
(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 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.
(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 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]
(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.
continued
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