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1971 Wild Free-Roaming Horses and
Burros Act
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UNITED STATES CODE
TITLE 16. CONSERVATION
CHAPTER 30. WILD HORSES, AND BURROS:
PROTECTION, MANAGEMENT, AND CONTROL
§ 1331. Congressional findings and
declaration of policy 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.
§ 1332. Definitions
As used in this Act [16 USCS §§ 1331 et seq.]--
(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. [; and]
(f) "excess animals" means wild free-roaming
horses or burros (1) which have been removed from an area by the
Secretary pursuant to applicable 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.
§ 1333. Powers and duties of Secretary
(a) Jurisdiction; management; ranges;
ecological balance objectives; scientific recommendations; forage
allocation adjustments. 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 [16 USCS §§ 1331 et seq.]. 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 [16 USCS § 1337] 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 [16 USCS § 1337]. 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) Inventory and determinations;
consultation; overpopulation; research study: submittal to Congress.
(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, wildlife 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 [43 USCS § 1712]; (iii) information contained in
court ordered environmental impact statements as defined in section
2 [3] of the Public Range Lands Improvement Act of 1978 [43 USCS
§ 1902]; 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
(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 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 research design 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.
(c) Title of transferee to limited number of
excess animals adopted for requisite period. Where excess animals have
been transferred to a qualified individual for adoption and private
maintenance pursuant to this Act [16 USCS §§ 1331 et seq.] 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) Loss of status as wild free-roaming
horses and burros; exclusion from coverage. 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 [16 USCS §§ 1331 et seq.]--
(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 [16 USCS §§
1331 et seq.] 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 [16 USCS § 1334] 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
[this section]; Provided, That no wild free-roaming horse or burro
or its remains may be sold or transferred for consideration for
processing into commercial products.
§ 1334. Private maintenance; numerical
approximation; strays on private lands; removal: destruction by
agents.
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 marshal 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 or 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.
§ 1337. Joint advisory board; appointment;
membership; functions; qualifications; reimbursement limitations
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 the board shall not receive reimbursement
except for travel and other expenditures necessary in connection with
their services.
§ 1338. Criminal provisions
(a) Violations; penalties; trial. 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 [16 USCS § 1334], or the
remains thereof, or
(6) willfully violates a regulation issued
pursuant to this Act [16 USCS §§ 1331 et seq.], 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 [18 USCS § 3401].
(b) Arrest; appearance for examination or
trial; warrants: issuance and execution. 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 [16 USCS §§ 1331
et seq.] or any regulation made pursuant thereto, and to take such
person immediately for examination or trial 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 [16 USCS §§ 1331
et seq.] 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.
§ 1339. Limitations of authority
Nothing in this Act [16 USCS §§ 1331 et seq.] 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.
§ 1340. Joint report to Congress; consultation
and coordination of implementation, enforcement, and departmental
activities; studies
After the expiration of thirty calendar months
following the date of enactment of this Act [enacted Dec. 15, 1971],
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 [16 USCS §§ 1331 et seq.],
including a summary of enforcement and/or other actions taken
thereunder, costs, and such recommendations for legislative or other
actions as 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 [16 USCS §§ 1331 et seq.] and to the
maximum feasible extent coordinate the activities of their respective
departments and in the implementation and enforcement of this Act [16
USCS §§ 1331 et seq.]. 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 [16 USCS §§ 1331 et seq.].
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