Public Law 92-195, The Wild Free-Roaming Horses & Burros Act.

The original Wild Free-Roaming Horses and Burros Act was passed unanimously by Congress in 1971 after an outpouring of cards, letters and phone calls from American citizens second only in our history to the Vietnam War.

Congress declared America's wild horses and burros to be "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." The act established wild horses and burros as an inherent part of the multiple uses of our public lands and established certain protections over those animals.

Congress determined that wild horses needed to be managed and established what was to become BLM's Wild Horse & Burro Program. Over time the Act was amended by Congress and the courts in an effort to stop individuals from exploiting the animals that they acquired as a result of the Act.

Perhaps the lowest point in the Wild Horse and Burro Program was precipitated by a scheme known as "Fee Waiver" that was initiated in the mid 1980s. According to observers, thousands of wild horses ended up going to slaughter for quick profits as a result of Fee Waiver. Houston Chronicle correspondent Martha Mendoza's exposé on the abuses of the Wild Horse and Burro Program won her a Pulitzer Prize.

The Fund for Animals and Animal Protection Institute brought suit against BLM and that suit, along with subsequent Congressional action, tightened up protections in the Wild Horse and Burro Program.

Rider #142, The Burns Rider

Over time the BLM has reduced animal management levels (AMLs) on the established ranges in which wild horses are entitled to live. These reductions were not without controversy.

"Despite lacking data on the number of wild horses the land can support, BLM has proceeded with removing wild horses." (GAO - 1990-RCED-90/110)

It appears that wild horse removals were calculated to benefit public lands ranchers.

"BLM frequently used the lack of detailed carrying capacity and range monitoring data to explain why it has not taken action to reduce widely recognized overgrazing by domestic livestock." (GAO -1990-RCED-90/110)

"The primary cause of degradation in rangeland resources is poorly managed domestic livestock (primarily cattle and sheep) grazing." "Although recognizing that overgrazing was occurring, BLM range managers reported that no adjustments in the authorized livestock grazing levels were scheduled in 75% of the allotments threatened with further damage." (GAO- 1990 RCED -90/110)

Regardless of the cause, the increased removals of wild horses created a backlog of animals in BLM's long term holding facilities.

Just before Congress' Thanksgiving recess in 2004, Senator Conrad Burns secretly slipped a rider onto the Omnibus Spending Bill that for all intents and purposes created a fire sale of thousands of older backlogged horses and legally prevented BLM from placing any restrictions on how these animals would be sold or how they could be used once sold.

The "Burns Rider" produced a predictable outcome. 41 horses were slaughtered at the Cavel International Slaughterhouse in DeKalb, IL, and an additional 52 horses were intercepted just prior to meeting their ends at the plant.

While subsequent to this slaughter Senator Burns expressed regret over the event, the archives of the Billings Gazette quoted Burns as saying back in 2004, "'I think what we should do is put some language in this thing that allows the BLM to sell excess wild horses,' Burns said. 'I'd prefer to sell 'em to whomever. Maybe some of them will end up going to slaughter.'"

BLM's New Sale Restrictions

In response to the horses slaughtered at Cavel International, Secretary of Interior Gale Norton suspended horse sales indefinitely. This suspension lasted until the eve of May 19th, just before Congressmen Nick Rahall and Ed Whitfield were to submit an amendment to the Interior Appropriations Bill that would eliminate funding for the sale of wild horses and burros for Fiscal Year 2005/06.

It was then that BLM Director Kathleen Clarke released new "tighter" sale restrictions. Not coincidentally Congressman Richard Pombo (R-CA) simultaneously distributed messages to his colleagues proclaiming that the resumption of Sale Authority under Clarke's new guidelines solved all the agency's problems. Pombo asserted that the Rahall / Whitfield Amendment was thus moot.

Unfortunately Director Clarke's new restrictions were meaningless since the language contained in the Burns Rider was Federal law and took precedence. The wild horse groups all understood this as did BLM's own solicitors, but many of the politicians continued to claim that the new sale guidelines were the answer to everyone's problems.

(An independent legal analysis of the enforceability of these new restrictions can be viewed here.)

Nonetheless the BLM resumed sales under their "stricter" guidelines and one of the first receivers of a load of wild horses was an individual in Texas who was banned from participating in BLM's Wild Horse and Burro Program due to a history of making false statements. (A copy of a letter issued by the Special Assistant US Attorney can be viewed here.)

H.R.297, The Rahall / Whitfield Bill.

Congressmen Nick Rahall and Ed Whitfield submitted a bill that would virtually remove the "out of control" provisions of the Burns Rider. This bill is currently languishing in the House Committee on Natural Resources where Congressman Richard Pombo, the Committee Chair, has the power to see that it dies. Observers conclude that only a large outpouring of public opinion directed at Mr. Pombo will bring about a vote on this bill.

The Rahall / Whitfield Amendment

From the floor, Congressmen Rahall and Whitfield submitted an amendment to the House Interior Appropriations Bill. This amendment simply said that funds could not be used for the sale and slaughter of wild horses and burros during Fiscal Year 2006 (Oct. 2005 through Sept. 2006). (Amendments to appropriations bills are only valid for the life of the appropriation period.)

This amendment passed the House by 90 votes. It remains to be passed in the Senate, where Senator Conrad Burns has promised "to throw it out."

The Sweeney / Spratt Amendment

In a similar action, and as a result of a general anti-slaughter bill making no headway in committee, Congressmen John Sweeney and John Spratt introduced an amendment to the House Agriculture Appropriations Bill. This amendment simply said that funds could not be used to pay agriculture inspectors to certify horses to be used for slaughter for human consumption either at slaughterhouses or at international borders during Fiscal Year 2006. (Again, amendments to appropriations bills are only valid for the life of the appropriation period.)

This amendment passed the House by 107 votes. It remains to be passed in the Senate.

S.1273, Senator Reid's "Wild Free-Roaming Horses and Burros Sale and Adoption Act of 2005"

The latest in this series of legislative maneuvers is S.1273, as described in Part One, that observers feel is an attempt to draw support away from Congressmen Rahall's, Whitfield's, Sweeney's and Spratt's amendments. As explained in Part Two, S.1273 comes with its own set of problems.

Continue to The Wild Horse Groups Speak Out

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