The Wild Free-Roaming Horses and Burros Act was passed, unanimously, through Congress. On December 15, 1971 the Act was published in the federal register as law. It was signed by former President Nixon in a public ceremony on December 17, 1971.
Public Law 92-195, established federal jurisdiction. After jostling among land management agencies to avoid compliance the National Parks Service and the United States Fish and Wildlife Service were omitted. Wild horses and burros were to be managed within designated territories on both Forest Service and Bureau of Land Management lands.
This law was part of a wave of environmental laws, rules and regulations that began in the 1970’s. Many of these laws were statements of intention, belief, commitment. Our natural world held a value to our nation and that things like wild things, clean air and water were not only important, but the rights of a citizen of what was seen as a “great nation.”
As we remember this important day, it is also important to remember the era in which it existed, the context. It really is sad that many today rely on a social media post for info and do not do their own reading before reacting; reactive stances are different than active stances. As advocacy today addresses the deficits, please remember that. Learn, think and then form an opinion and take action.
Did you know that wild horses were first part of the fight for the ESA? Early advocates knew the ESA would take longer and left wild burros with no protection (burros are not native and originated in Africa, horses are native and originated on the North American continent). Wild horses were out of time (mustanging). Early advocates many have shouldered wild horses with a heavy load by switching to proposing a law that carried a heavy heritage message and jumping off the ESA, but if they did not we would not have burros in the U.S. and we might not even have any wild horses left.
Have you ever read Velma’s testimony to Congress? Or even parts of it? It is a really good place to start (HERE).
An understanding of the times of the past is critical as we form plans of actions today.
Tour being given to Velma Johnston, Wild Horse Annie, of the first capture of wild horses by the BLM at Stone Cabin
Did you know that during the debate to pass the Act through Congress the idea that wild horses and burros must only be managed behind artificial boundary lines (not a free-roaming species like other grazers) was born? Boundary lines are not a science-based construct but a political one. This is a really important fact to remember as we move into today where BLM claims boundary lines are based on science and, the same political faction that demanded these boundaries in the first place (livestock) uses this a data-based fact as we debate under new directives that require “the best available science” and where BLM claims they have data to support boundary lines (they don’t). (Read more about that debate and see the text that allowed horses and burros to actually free-roam HERE).
If the boundary lines were not added, politicians funded by big lobby groups for livestock would not have passed the law.
After every law is passed by Congress it must go through a phase called “Codification.” This phase is where regulations are created to guide the law in practice.
The CFRs are where you see:
§ 4710.5 Closure to livestock grazing.
(a) If necessary to provide habitat for wild horses or burros, to implement herd management actions, or to protect wild horses or burros, to implement herd management actions, or to protect wild horses or burros from disease, harassment or injury, the authorized officer may close appropriate areas of the public lands to grazing use by all or a particular kind of livestock.
§ 4710.3-1 Herd management areas.
Herd management areas shall be established for the maintenance of wild horse and burro herds. In delineating each herd management area, the authorized officer shall consider the appropriate management level for the herd, the habitat requirements of the animals, the relationships with other uses of the public and adjacent private lands, and the constraints contained in § 4710.4. The authorized officer shall prepare a herd management area plan, which may cover one or more herd management areas.
However, in practice this is where litigation to define the law becomes necessary. Both of the CFRs listed above are not seen in practice. Why?
We are in the courts right now addressing many of these issues that have been allowed to stand without merit for too long. We need to see how a court today will address the neglect.
One example: BLM does not deny that Herd Management Area Plans (HMAP) is required; that do not deny all of the things the HMAP requires (like when and how livestock would be reduced, critical habitat for wild horses and/or burros, an open and public equation on how they set allowable numbers of horses, etc.). However, BLM is arguing that the law does not specifically say “when” these need to be done. Almost like saying the law says “you should not steal,” but then saying the law does not mean “right now.”
We honor the fight of early pioneers and thank them for their unwavering love and dedication to our wild ones. We honor them by learning about the early battles they took on and how best to continue that fight.
Our wild ones are fast-disappearing from a landscape that itself is fast-disappearing today. The vast landscapes of the days of Velma no longer exist.
On the 50th Anniversary of the Act we created an online exhibit that is worth a virtual “walk about.”
Thank you for keeping us in the fight!
Our team is working hard in the field, at the table and in the courts. Through litigation we are fighting to get burros recognized as distinct and management planning to reflect those distinctions. At Stone Cabin, we are in court to gain accountability to management planning, data-collection, formal recognition of seasonal movement BLM knows exists, to stop a backdoor agreement from happening with livestock and more. At Antelope, we are fighting against BLM continuing to do 10 year plans without doing any public disclosure of the adequacy of those plans (NEPA adequacy) and the lack of an enforceable welfare policy. In other cases we are pushing for site-specific designation of foaling season (BLM is prohibited from using a helicopter for roundups during foaling season, but they have no data showing when that actually is), no documentation to show how forage allocations and the number of horses and/or burros the land can sustain, and more.
Our wild ones should live free on the range with the families they hold dear. Our wild ones should also live without abuse. WHE carries ongoing litigation to push BLM into open public process to create an enforceable welfare standard for our treasured wild ones.
Categories: Wild Horse Education
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