Order Code RS22347
December 9, 2005
CRS Report for Congress
Received through the CRS Web
Wild Horse and Burro Issues
Carol Hardy Vincent
Specialist in Natural Resources Policy
Resources, Science, and Industry Division
Summary
The Wild Free-Roaming Horses and Burros Act of 1971 sought to protect wild
horses and burros on federal lands and placed them under the jurisdiction of the Bureau
of Land Management (BLM) and the Forest Service (FS). Management of wild horses
and burros has long been controversial. Current issues include the priority to be given
wild horses and burros in land use decisions, removal of animals from the range,
adoption and sales programs, slaughter of animals, holding animals in facilities, use of
fertility control, and costs of management. This report will be updated to reflect
developments.
Background
At the turn of the 20th Century, some two million wild horses lived on the range, but
by the 1950s their population was thought to be fewer than 20,000. Public concern
developed over falling populations and instances of inhumane treatment by profiteers who
captured and sold the animals for slaughter. A protection movement culminated in the
Wild Horse Annie Act of 1959 (18 U.S.C. §47) and later in the Wild Free-Roaming
Horses and Burros Act of 1971 (16 U.S.C. §1331
et seq., hereafter the “1971 Act”).1 The
1971 Act seeks to preserve wild horses and burros on federal lands as "living symbols of
the historic and pioneer spirit of the West." It imposes criminal penalties for removing,
converting to private use, killing, harassing, selling, or processing into commercial
products the remains of wild horses and burros (with exceptions) under federal
jurisdiction without federal authority. Management responsibility is assigned to the
Bureau of Land Management (BLM) in the Department of the Interior and the Forest
Service (FS) in the Department of Agriculture. The animals are to be managed “to
achieve and maintain a thriving natural ecological balance on the public lands,” according
to the act. A nine-member Wild Horse and Burro Advisory Board of private citizens
advises the Secretaries.
1 The 1971 Act was modified by the Federal Land Policy and Management Act of 1976 (FLPMA,
P.L. 94-579) and the Public Rangelands Improvement Act of 1978 (PRIA, P.L. 95-514).
Congressional Research Service ˜
The Library of Congress
CRS-2
Under the 1971 Act, the agencies inventory horse and burro populations on federal
land to determine “appropriate management levels” (AMLs). They are authorized to
remove animals exceeding the range’s carrying capacity to restore a natural ecological
balance and protect the range from deterioration associated with an overpopulation of
wild horses and burros. First, the agencies are to destroy old, sick, or lame animals by the
most humane means available. Second, they are to remove healthy animals for private
adoption. BLM takes the lead in gathering animals and holding adoptions for both
agencies. Third, if adoption demand is insufficient, the remaining healthy animals are to
be destroyed; however, the agencies have not used this authority since January 1982, and
BLM was prohibited from doing so in the FY1988-FY2004 Interior appropriations acts.
The 108th Congress enacted changes to wild horse and burro management on federal
lands (§142, P.L. 108-447) to provide an additional tool for reducing wild horse and burro
populations. One change directed the agencies to sell, “without limitation,” excess
animals (or their remains) that essentially are deemed too old (more than 10 years old) or
otherwise unable to be adopted (offered unsuccessfully at least three times). Proceeds are
to be used for the BLM wild horse and burro adoption program. A second change
removed a ban on the sale of wild horses and burros and their remains for processing into
commercial products. A third change removed criminal penalties for processing into
commercial products the remains of a wild horse or burro, if it is sold under the new
authority. Also, the law did not expressly prohibit BLM from slaughtering healthy wild
horses and burros. These changes have been supported as providing a cost-effective way
of helping the agencies achieve AML, to improve the health of the animals, protect range
resources, and restore a natural ecological balance on federal lands. The changes have
been opposed as potentially leading to the slaughter of healthy animals. There are about
31,760 wild horses and burros on 201 BLM Herd Management Areas (HMAs). BLM has
set the upper limit for AML for all herds at 28,186. There are another 2,716 wild horses
and burros on 37 active “Territories” — FS management areas. Horses greatly
outnumber burros, and about half of all the animals on federal land are in Nevada.
Thousands of additional animals are in agency holding facilities (see below).
Current Issues
Federal management of wild horses and burros has generated controversy and
lawsuits for years. The changes enacted in the 108th Congress have renewed attention to
wild horse and burro issues. Several of these issues are discussed below.2
Wild Horses and Burros vs. Livestock. One controversy has been the priority
to be given wild horses and burros versus domestic livestock in decisions on forage and
land allotments. Critics assert that AMLs are set low to favor livestock. Currently,
livestock graze on approximately 160 million acres of BLM land and 95 million acres of
FS land while wild horses and burros roam on 29.5 million BLM acres and 2.1 million
FS acres. The Secretaries may designate specific ranges exclusively for wild horse and
burros; in practice, most areas also have livestock. In FY2005, forage consumed on BLM
2 For current information on relevant legislation, see CRS Issue Brief IB10076,
Bureau of Land
Management (BLM) Lands and National Forests, by Ross W. Gorte and Carol Hardy Vincent.
For information on horse slaughter legislation, see CRS Report RS21842,
Horse Slaughter
Prevention Bills and Issues, by Geoffrey S. Becker.
CRS-3
lands by wild horses and burros was 381,120 animal unit months (AUMs) and by
livestock was 6,835,458 AUMs. Forage consumed on FS lands by wild horses and burros
was 32,592 AUMs and by livestock was projected by the FS to be 6.6 million AUMs. An
AUM is the amount of forage to sustain an animal unit (a cow with calf) for one month.
Removal. A long-standing controversy is whether to remove wild horses and
burros from the range. Some animal rights and conservation groups believe they should
roam freely. Others stand by a 1990 Government Accountability Office (GAO)
conclusion that removals have not demonstrably improved range conditions, because
livestock consume more forage and cause more degradation to riparian areas. Other
wildlife, conservation, and livestock interests agree that reduction of horse herds protects
range resources and balances wild horse and burro levels with wildlife and domestic
livestock. Many livestock groups contend that wild horses and burros are more
environmentally destructive than domestic stock because they graze year round without
limit, whereas the time, place, and quantity of cattle grazing is controlled. Where drought,
fire, and other emergencies reduce forage, domestic livestock usually are removed first
to protect forage for wild horses and burros, according to BLM. The debate on the extent
of damage by wild horses and burros versus livestock continues because of value
differences and lack of definitive data on forage consumed and range degradation.
BLM is determining AMLs based on population censuses and range monitoring in
tandem with removal efforts. The agency takes into account natural resources, such as
wildlife and vegetation, and land uses, such as grazing and recreation. Determining
AMLs and removing animals to achieve AMLs are controversial. Concerns involve the
lack of an environmental analysis of overall removal efforts, removal of animals below
AML, and removal of entire herds. While 317 herd areas were identified initially, BLM
currently manages wild horses and burros in 201 HMAs. Some herds were combined,
while others were removed because they roamed on private lands or were not suitable to
retain, according to BLM. Other removal issues include the effect on the genetic viability
of herds, increased reproduction of remaining horses, and accuracy of supporting data.
As shown in
Table 1, more horses and burros were removed from the range in
recent years — due to weather conditions, efforts to reach AML, and other factors — than
could be adopted. Critics contend that a disproportionate share of funding is used for
removal versus adoption. BLM has reached AML in 116 of the 201 HMAs, and continues
to remove animals to achieve AML. While wild horses and burros on the range have been
reduced to the lowest level in decades, reaching the national AML has eluded BLM.
Likely reasons may include the high population growth rate of horses and burros,
inadequate funding, insufficient interest in adoptions, and poor program management.
Animals that are removed may be offered for adoption, sold, or sent to holding facilities.
Adoption. The primary disposal method for healthy animals has been through
adoption. From FY1972-FY2005, 258,783 horses and burros were removed, of which
208,637 were adopted (others died of natural causes or were sent to holding facilities).
The base fee to adopt a wild horse or burro is a minimum of $125, although the BLM
Director may reduce or waive the fee. In most cases, competitive bidding is used and the
fee is the highest bid over the base. New owners can receive title after a one-year wait,
with certification of proper care during that time. An individual may receive title to no
more than 4 animals per year. BLM has established other conditions for the
transportation, feeding, and care of wild horses and burros.
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The adoption process stems in part from past concerns that some adopted animals
were slaughtered. Approximately 20,000 horses were placed with large scale adopters,
without fee, from 1984-September 1988; hundreds of them died of starvation or
dehydration during the one year probationary period and thousands were slaughtered soon
after title passed.3 Public protest led BLM to resume charging an adoption fee. Further
changes followed reports in 1997 that wild horses were sold to slaughterhouses and
charges, denied by BLM, of related misconduct by some employees. Changes required
adopters to certify that they have “no intent” to sell their animals for slaughter; established
a monitoring program with slaughterhouses and federal inspectors to return untitled
animals intended for slaughter and retain records on titled, slaughtered animals; prohibited
individuals from using power of attorney from others to adopt animals, and increased
compliance inspections of untitled adopted animals. Also, the Wild Horse and Burro
Advisory Board was reestablished, although whether it reflects the range of wild horse
and burro interests is a matter of dispute.
A lingering question, despite court reviews and the changes in law in 2004, is
whether wild horses and burros are protected from slaughter once adopted. From August
1, 2004, to July 18, 2005, 597 titled horses were sent to U.S. slaughterhouses. The BLM
asserts that it has no authority over a titled animal because the 1971 Act states that wild
horses and burros “or their remains shall lose their status as wild free-roaming horses and
burros and shall no longer be considered as falling within the purview of this
chapter—upon passage of title...”(16 U.S.C. §1333(d)(1)). The agency seeks to protect
horses and burros through efforts to place them with qualified adopters and subsequent
monitoring for one year. By contrast, animal advocacy groups contend that the legislative
history and intent of the 1971Act show that titled animals were to be protected
indefinitely from slaughter. They further note that adopters are to certify that they have
“no intent” to sell their wild horse or burro “for slaughter or bucking stock, or for
processing into commercial products...” Controversy over this attestation has centered
on how long it should last and the extent to which it can be enforced in court.
Table 1. Wild Horse and Burro Removals and Adoptions
FY1999
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
R
A
R
A
R
A
R
A
R
A
R
A
R
A
Horses
4,983 5,745 7,004 5,080 11,764 6,054 10,822 5,987
8,865 4,982 9,252 5,699 10,650 5,193
Burros
1,095 1,033 1,627 1,122
1,513 1,576
1,207 1,759
1,216 1,183
647
945
373
508
Total
6,078 6,778 8,631 6,202 13,277 7,630 12,029 7,746 10,081 6,165 9,899 6,644 11,023 5,701
Notes and Sources: “R” indicates the number of animals removed, while “A” indicates the number of
animals adopted. The information is from BLM, including BLM’s
Public Land Statistics.
Sale. As a result of stepped up removals, large numbers of excess animals for
which there is no demand for adoption are being held in facilities (see below). In this
context, in 2004 Congress directed BLM to sell excess animals that were older or
deemed unadoptable. While support for the sales is strong among livestock groups and
others, animal activists and other groups question its desirability. According to the
3 U.S. General Accounting Office,
Improvements Needed in Federal Wild Horse Program,
GAO/RCED-90-110 (Washington, DC: August, 1990). Hereafter “1990 GAO Report.”
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BLM, about 7,000 animals were available for sale as of September 20, 2005, with
approximately 1,445 sold and delivered — far fewer than the agency had anticipated.
BLM negotiates sales of excess animals, for instance with ranchers, tribes, and humane
organizations, with the price determined on a case-by-case basis. The average price has
been $21 per animal sold. On April 25, 2005, BLM temporarily suspended sale and
delivery of wild horses and burros due to concerns about the slaughter of some animals.
The agency did not sell animals directly for slaughter, and was requiring purchasers to
give written affirmation of an intent to provide humane care. Nevertheless, 41 sold
animals were resold or traded and then sent to slaughterhouses. Another 52 animals
were sold to slaughterhouses, but Ford Motor Co. committed to purchasing them. On
May 19, 2005, the agency resumed sales after revising its bill of sale and pre-sale
negotiation procedures to protect against slaughter. Purchasers now also must agree not
to sell or transfer ownership to those intending to resell, trade, or give away animals for
processing into commercial products. Sales contracts also incorporate criminal
penalties for anyone who knowingly or willfully falsifies or conceals information. Some
horse advocates question whether the penalties would withstand legal challenge because
the 2004 law provides for the sale of animals “without limitation.” Also, according to
BLM, purchased animals are classified as private property free of federal protection.
Holding in Facilities. Large numbers of animals have been sent to holding
facilities, and BLM continues to be responsible for these animals. Initially, animals are
placed in preparation facilities, and there currently are 3,154 animals in 6 preparation
facilities. Many more of the animals are in maintenance facilities or long-term facilities
(also called sanctuaries). There are 5,084 animals in 18 maintenance facilities, which
will either be made available for adoption or sale or sent to long-term facilities. There
also are 16,806 animals in 9 long-term facilities, with a total capacity of 18,600. The
adoptable animals in long-term facilities will be put up for adoption when demand
allows, which for some animals may be years. The unadoptable ones, such as older
animals, will be sold or live out their lives in long-term facilities. Such extensive use
of holding facilities has prompted a number of issues, including whether to remove
more horses than can be adopted, whether the cost of holding is too high (see below),
and whether animals in long-term facilities receive appropriate care.
Fertility Control. Wild horses and burros are thought to reproduce at a rate of
15%-20% yearly. To slow reproduction, there is research to develop a fertility control
agent. In selected areas, BLM is testing one- and two-year vaccines on mares, with final
results expected in 2008. Data from a trial with the two-year vaccine indicated 94%
infertility in year 1, 82% in year 2, 68% in year 3, and near normal herd reproductive
rates in year 4. BLM considers the vaccine humane, safe to administer, reversible, and
cost effective. Research is focused on the effect of vaccines over several years, and
developing a fertility control vaccine that would last at least three years and could be
approved as safe for general use. Advocates of fertility control assert that it improves
the genetic viability and health of the horses, as well as foal survival, by delaying
pregnancy in younger mares. Researchers report no ill side effects on horses or the
environment. Some view fertility control as less stressful and disruptive to horses than
removals, and worth more emphasis. Opponents contend that fertility control meddles
with nature, and that its long-term effect on the behavior and size of herds is uncertain.
Some favor natural controls such as predation, disease, and starvation.
CRS-6
Costs. Whether funding is sufficient to achieve AML and reduce long-term
budgetary needs is not clear. Appropriations for BLM for managing wild horses and
burros increased 77% from FY2000 ($20.9 million) to FY2006 ($36.9 million,
excluding a rescission). The biggest increase occurred from FY2000 to FY2001, when
BLM received a 68% increase (to $35.0 million) to achieve AML over several years
and, by FY2010, reduce budgetary needs below the FY2001 level. The FY2006
appropriation was $2.1 million (5%) less than the FY2005 level of $39.0 million.4 The
agency asserted that the FY2006 reduction could be accomplished through anticipated
efficiencies, such as a lower cost of adoptions and an increase in animals adopted. BLM
also had expected a reduction during FY2005 of 5,000 animals in long-term facilities,
but far fewer animals than expected were sold. As a result, higher numbers of animals
are in facilities, and many may become a long-term cost. One question is whether
animals can be moved more quickly through the adoption and sales systems or into
long-term facilities, as the cost of preparation and maintenance facilities is relatively
high. The average cost for preparation and maintenance facilities is $4.48 per animal
per day, down from a 2003 average of $6 per day due to efficiencies in moving animals
through these facilities. For the 8,238 animals currently being held, the cost is $13.5
million annually. The average cost for long-term facilities is $1.38 daily, or $8.5 million
annually for the 16,806 animals now in long-term holding. The cost of animals in all
facilities is more than half the BLM’s budget for wild horse and burro management. A
particular focus is whether the average cost of adoption, estimated at $1,054 per animal
(or $1,594 with overhead), can be reduced.
Other issues involve whether additional funds could supplement appropriations.
One question is whether long-term facilities could become financially self-sufficient
through fund raising and donations, as apparently was expected when the first facilities
were created. A related issue is whether the current base adoption fee of $125 could be
increased to generate more money for the program. In FY2006, BLM received $1.2
million in adoption fees. Contrarily, some support reducing the base adoption fee to
promote adoptions. Collections from sales, estimated at $32,000 to date, have been
relatively low. Still other ideas include allowing proceeds of land disposals to be used
for wild horse and burro management and selling horse sponsorships.
Other. The difficulty in achieving AML and the extensive use of holding facilities
have prompted consideration of other options for managing wild horses and burros.
Ideas have included exchanging land to allow for exclusive land use by either wild
horses and burros or livestock, and allowing grazing permittees to care for wild horses
and burros on their allotments. Proposals to create wild horse sanctuaries included one
for 10,000 wild horses in Sonora, Mexico, with multi-species grazing and an
interpretive center. Supporters said the project would provide a humane environment
for horses throughout their lives; allow BLM to reach AML quickly; and be cost
efficient — with a goal of financial self sufficiency. BLM concluded that under law,
wild horses and burros may not be transferred outside the United States. Some
opponents had feared that horses cared for in Mexico might have been particularly
vulnerable to slaughter and mismanagement, as oversight abroad would be difficult.
4 Appropriations to the FS for wild horses and burros are not available.