History of the Use and Dominance of the Western Lands

1971

Wild Free-Roaming Horse and Burro Act passes through Congress unanimously with the most amount of mail ever to Congress at that time.  There were more than 70 bills introduced into Congress in support of saving the wild horses and burros.  Congress gave a special name to these animals “National Heritage Species.”

There were 303 Herd Areas identified in 1971 where wild horses and burros roam.

BLM created Herd Management Areas and determined in these areas, animals would be managed – today we only have 199 areas and many more will be eliminated. The original 303 must always remain even though there are no animals in over 100 areas.

The wild horses and burros have lost over 10 million acres of land. Originally there were 41 million acres for wild horses and burros now they have only 34,549,570 acres.

1976

The constitutionality of the Wild Free-Roaming Horse and Burro Act was challenged in the Supreme Court in Kleppe Vs New Mexico. The stalwartness of the Act did not waver. The Federal Land Policy and Management Act (FLPMA)  states that public lands be retained under federal ownership, their resources be inventoried, their use be determined through a land-use planning process, and that they be managed under principles of multiple use and sustained yield.  A ten-year grazing term was established for leases. Amended the 1971 Act to allow the use of helicopters.

“The management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions: the use of some land for less than all of the resources; a combination of balanced and diverse resources uses that takes into account the long-term needs of future generations for renewable or nonrenewable resources, including but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration begin given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.”

— DEFINITION OF THE TERM “MULTIPLE USE”

1978

The Public Rangelands Improvement Act (PRIA) amendment passed which eliminated the Secretaries’ discretionary authority for removal and disposal of wild horses and burros and laid out a clear explanation of “excess.”

1980s

In 1984 regulation changes were proposed by the BLM to circumvent PRIA and removed large numbers of wild horses from public lands.  At the end of the 16-month period the rule was dropped. Now there were 40,000 wild horses sitting in holding corrals, gathered illegally. Another Regulation allowed the BLM to sell wild horses on the 'fee-waiver’ program or mass adoptions. An estimated 20,000 wild horses were taken by ranchers who ultimately sold them for slaughter. A lawsuit against the BLM halted the mass adoptions and forced the agency to develop alternatives such as the prison training programs and sanctuaries (API/FFA).

In 1985 The Range Omnibus Bill included a slaughter provision and made it to the floor of Congress but it was defeated. During these years, with BLM’s approval, several attempts were made to allow BLM to sell 'un-adoptable’ horses for slaughter by initializing language that never got out of committee in Congress.

In 1989 the Animal Protection Institute successfully challenged BLM’s arbitrary and capricious decisions for the removal of wild horses and burros from public lands. The Interior Board of Land Appeals (IBLA) (Interior’s Court) ruled that BLM must monitor and inventory the habitat to determine excess. This is the strength of the Wild Horse and Burro Act because it requires BLM to fulfill their mandate as stewards of the land.

1990s

By 1991, BLM created a “Full Force and Effect” ruling that allows them to remove wild horses immediately as a decision is rendered.  In many cases, horses were being removed even before the ink was dry on the decision document. This ruling came because BLM could not comply with the ruling in APIs case because they had no monitoring or inventorying of the rangelands competed. Now the majority of BLM decisions are under Full Force and Effect.

The ability to reduce animals further came with the HMAs that were inside the Herd Areas or range. If animals strayed out of the HMA, they were gathered and removed. They could be removed WITHOUT declaring excess. However, there is NO statutory language in the Act that allows for the reduction of the Herd Area.

BLM soon promoted to adjacent landowners that if horses strayed on their lands the landowner could request in writing to the BLM to have the horses removed.  Although there are many other avenues available besides permanent removal such as fencing etc., the BLM’s policy is to remove any straying animal.   Again, this can be done without determining “excess.”

BLM violated the law by circumventing determining “excess” through monitoring and inventorying by calling for “emergency gathers.”  The definition of “emergency” was in direct opposition to the definition established by the NV BLM and Wild Horse and Burro workgroups in 1990.  In many of the cases, wild horses were removed and cattle were restocked shortly thereafter.

Rarely is Regulation 4710.5 (CFR) ever employed by the BLM. It was designed as the first line of defense in saving wild horses from threatened emergencies and disasters by pulling livestock off public lands.

In 1992 BLM’s rewritten mission statement glaringly omits wild horses and burros as a resource on public lands. The word came to the wild horse groups that they would no longer win cases in IBLA as was noted in the Wyoming decision of 1992. Soon the burden of proof was changed so that the burden no longer fell upon the agency but upon the appellant to show cause. 

BLM in some cases has set grazing standards higher for wild horses and burros and unchanged for livestock. Utilization levels were 10% and for cattle 50%. This marked the continued genocide of America’s wild horses and burros. It should be noted that rabbits and grasshoppers could eat as much as 10% of a plant.

In 1994, Director Mike Dombeck listed ten visions for public lands. Wild horses and burros were NOT mentioned. This same year the BLM violated the Act by not preparing a Report to Congress, the report was combined with the 1996 report and submitted in 1997.

In 1995 A Del Rio Grand Jury convened to determine allegations of BLM corruption but never heard one shred of evidence presented in the five years which was blocked by holding subpoenas in abeyance.

In 1997 Associated Press reporter Martha Mendoza exposed corruption within the BLM’s Wild Horse and Burro program. Seven major articles ran throughout the US during that year. Under BLM’s management, 36,000 adopted wild horses and burros are unaccounted for and are feared slaughtered.  These animals were never titled and remained under BLM’s protection. (AP investigation)