About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (July 29, 2021)

handle is hein.crs/goveede0001 and id is 1 raw text is: it $ervkze
n   w~    ho Ie§LIatI  t     Sen e V~14

Updated July 29, 2021

Wild Horse and Burro Management: Overview of Costs

Background
The Wild Free-Roaming Horses and Burros Act of 1971
(the 1971 Act, 16 U.S.C. §§1331 etseq.)providesfor
management andprotectionofwild horses andburros by
the Bureau of Land Management(BLM, Department of the
Interior) and ForestService (FS, Departmentof
Agriculture). Federalmanagement of wild horses and
burros has generated controversy, proposals for change, and
laws uits for years. Issues for Congress include the adequacy
of authorities to achieve the appropriate management
level (AML) on the range, effectiveness of agency
management, and sufficiency of funding.
Overview of Authority
Under the 1971 Act, BLM and FS are to inventory hoise and
burro populations periodically to determine AMLs. The
agencies are authorized to remove animals exceeding the
range's carrying capacity to achieve AML. When the
pertinent Secretary determines that an overpopulation exists
and that it is necessary to remove excess animals, the law
requires specific actions (16 U.S.C. § 1333(b)(2)). First, the
Secretary shall order old, sick, or lame animals to be
destroyed in the mosthumane manner possible. Second,
the Secretary shall cause ...excess ...horses and burros to
be humanely captured forprivate adoption. Third, the
Secretary shall cause excess animals to be destroyed in the
most humane andcostefficientmannerpossible.
Over the decades, laws have included additional authorities
to reduce excess animals. In 2004, for instance, P.L. 108-
447, Section 142, authorized animal sales, including
provisions to
 direct the agencies to sell, without limitation, excess
animals (or remains) that are more than 10 years old or
offered for adoption unsuccessfully at least 3times;
 remove a ban on sale of wild horses and burros andtheir
remains for processing into commercialproducts; and
 remove criminal penalties for processing the remains of
a wild horse or burro into commercial products, if it is
sold under the new authority.
These changes have been supportedby some as providing a
cost-effective way ofhelping achieve AML, improving the
health of the animals, protecting rangeresources, and
restoring a natural ecologicalb alance on federal lands. The
changes have been opposed by others as potentially leading
to the destruction of healthy animals and limited by agency
policies and use of appropriated funds.
Since 1982, the agencies havenot used their authority to
destroy healthy animals. Most recently, the FY2021 Interior

appropriations law(P.L. 116-260, Division G, § 419)
prohibited the use of funds for destruction ofhealthy
animals or for sales of animals that result in processing into
commercial products. Most appropriations laws since
FY1988 have contained similar prohibitions on BLM
funding.
Population
Achieving and maintaining the number of wild horses and
burros at the national AMLhas challenged BLM for
decades. BLM has set the upper limit for AML for all wild
horse and burro herds on its lands at 26,785 animals. As of
March 2021, the estimated number of animals on BLM
lands was 86,189, more than triple the AML. BLM
manages wild horses andburros in 177 herd management
areas (HMAs) in 10 wes tern states. Nearly half of the
HMAs and more than half of the animals are located in
Nevada. Four other s tates each have at least 5,000 animals:
California, Wyoming, Arizona, and Oregon.
Thousands of additional animals -50,030 as of June
2021-are being managedby BLM off-range. They were
removed fromrangelands exceeding the AML. Most are
being cared for in long -term(pas ture) holding facilities for
the remainder of their lives, although others are being
readied for adoption or s ale in short-term(corral) facilities.
For FS lands, the AMLis roughly 2,400 for 2021. The
number of wild horses andburros on FS lands-about
10,700-is more than four times the AML. The animals are
on 34 active territories in seven states, with about two
dozen of themmanaged jointly with BLM. Given the larger
populations on BLM lands, mostofthe public and
congressional focus has been on BLM management.
Wild Horse and Burro Program Funding
It is unclear whether funding levels have been appropriate
to care forwild horses andburros. Programcosts would
vary basedon the overall management strategy adoptedand
the particular programs emphasized (e.g., off-range holding,
adoption, or population control). Forinstance, a 2018 BLM
report to Congress presented different options for wild
horse andburro management with varying associated costs.
BLM Historical Appropriations: FY2OOO-FY2O2 I
For FY2021, the appropriation for BLM management of
wild horses and burros was $115.7 million, a 14% increase
from the FY2020 level($101.6 million). FY2021 funding
was more than five times the amount for FY2000 ($20.4
million) and an 81% increase overFY2010 ($64.0 million),
in nominal dollars. Figure 1 depicts BLM's annual funding.
(FS appropriations are not separately identifiable.)

https://crsrepc

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most