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1 1 (July 13, 2022)

handle is hein.crs/goveimi0001 and id is 1 raw text is: * Congressional Research Service Informing the legislitive diebate since 1914 Updated July 13, 2022 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 et seq.) provides for management and protection of wild horses and burros by the Bureau of Land Management (BLM) and Forest Service (FS). Federal management of wild horses and burros has generated controversy, proposals for change, and lawsuits 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 horse and burro populations periodically to determine the AMLs. 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 most humane manner possible. Second, the Secretary shall cause ... excess ... horses and burros to be humanely captured for private adoption. Third, the Secretary shall cause excess animals to be destroyed in the most humane and cost efficient manner possible. Over the decades, laws have included additional authorities to reduce excess animals. In 2004, for instance, P.L. 108- 447, §142, authorized animal sales, with provisions to (1) 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 3 times; (2) remove a ban on sale of wild horses and burros (and remains) for processing into commercial products; and (3) remove criminal penalties for processing the remains of a sold wild horse or burro into commercial products. Some support these changes as providing a cost-effective way of helping achieve the AML, improving animal health, protecting range resources, and restoring a natural ecological balance on federal lands. Others oppose these changes as potentially leading to the destruction of healthy animals and as limited by agency policies and use of appropriated funds. Since 1982, the agencies have not used their authority to destroy healthy animals. Most recently, the FY2022 Interior appropriations law (P.L. 117-103, Division G, §417(e)) prohibited the use of funds for destruction of healthy animals or for sales of animals that result in processing into commercial products. Most appropriations laws since FY1988 have contained similar prohibitions for BLM. Population Achieving and maintaining the number of wild horses and burros at the national AML has challenged BLM for decades. BLM has set the upper limit for the AML for all wild horse and burro herds on its lands at 26,785 animals. As of March 2022, there were an estimated 82,384 animals on BLM lands-more than triple the current AML-and more than double the 40,605 on-range estimate from 2013. However, the 2022 on-range estimate is 13% less than the 2020 high of 95,114 animals, due to increased removals and fertility control, as well as other factors. BLM manages wild horses and burros in 177 herd management areas (HMAs) in 10 western states. Nearly half (83) of the HMAs are in Nevada; Wyoming, Oregon, Utah, and California each have between 16 and 21 HMAs. BLM manages thousands of additional animals-58,314 as of May 2022-off range. These animals were removed from rangelands exceeding the AML. Most are being cared for in long-term (pasture) holding facilities for the remainder of their lives, although others are being readied for adoption or sale in short-term (corral) facilities. For FS lands, the AML is roughly 2,400 (in 2022). The number of wild horses and burros on FS lands-about 11,460-is more than four times the AML. The animals are on 34 active territories in seven states, with about two dozen managed jointly with BLM. Most of the public and congressional focus has been on BLM management, given the larger populations on BLM lands. Wild Horse and Burro Program Funding It is unclear whether funding levels have been appropriate to care for wild horses and burros. Program costs would vary based on the overall management strategy adopted and the particular programs emphasized (e.g., off-range holding, adoption, or population control). For instance, a 2018 BLM report to Congress presented different options for wild horse and burro management with varying associated costs. BLM Historical Appropriations: FY2OOO-FY222 For FY2022, the appropriation for BLM management of wild horses and burros was $137.1 million, 18% higher than FY2021 ($115.7 million). The increase was intended to support an aggressive, non-lethal population control strategy as set out in a May 2020 BLM report, according to the explanatory statement on the FY2022 appropriations law. This strategy includes increased removals, long-term holding, and fertility control. FY2022 funding was more than six times the FY2000 amount ($20.4 million) and more than double the FY2010 amount ($64.0 million), in nominal dollars. Figure 1 depicts BLM's annual funding. (FS appropriations are not separately identifiable.)

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