A number of proposed plans for roundups, and things like mining, on top of the confusion swirling around the budget debate, have caused an influx of questions into our inbox. Most of these questions have a basis in understanding of process or terminology. This article is an attempt to provide you with resources that may answer questions or give you context and examples you can use. (Our Resource page is also available to provide documents you can use in your outreach to your lawmakers)

The number 1 item in our inbox:

Comments are due on the Decision of NEPA Adequacy (DNA) for the White Mountain HMA in Wyoming on 3/22. (Click HERE)

This DNA has caused numerous people to reach out to WHE. A DNA is the process in which BLM determines that existing NEPA is adequate for a proposed action when that NEPA document is more than a year or two old.

In the case of White Mountain, the Gather-EA was signed in July of 2021. BLM issued a DNA to state that “nothing significant has changed” and that the “scope and intensity” of the planned August 2024 gather (on the schedule) is analyzed in the 2021 EA. It is also an opportunity to address new case law if applicable court rulings would change the noted authorities in an old EA.

The cart below illustrates how a DNA fits into the paperwork process. In the instance of White Mountain: the action (removal) was proposed, there is an existing Gather-EA from 2021 and they issued a DNA to show their internal process that they say finds the existing NEPA adequate and they do not need to do another Gather-EA to start the roundup in August.

Chart taken from NEPA handbook

Substantive comments that are appropriate in this part of the chessboard (NEPA chart) would involve looking at the proposed action and determining: 1- Was action of removing 586 wild horses was analyzed appropriately? 2- Does information exist to demonstrate conditions and/or scientific research have changed? If either of those points exist, BLM must do a new Gather EA.

In many Herd Management Areas (HMAs) where BLM is using old Gather-EAs to place roundups on the schedule conditions have changed drastically since the EA was drafted. Fencing, water, climate, reproductive rates, new genetic information, etc. are examples of things that change the physical environment of old EAs and the metrics used to determine the necessity of a roundup.

A DNA cannot simply assert underlying NEPA is adequate, it needs to demonstrate that it is.

Example:

If BLM has not done a new census flight to prove actual numbers on range and simply uses an inadequate metric claiming a growth rate of 20-25%. An extremely hard winter impacted birth/death rates (or has used powerful fertility control drugs), the DNA would be deficient. If the DNA for a removal claims it is needed to reach a certain number, they have to show that number will not drive horses to a number lower than the EA it tiers to analyzes. (Did that make sense?)

A substantive comment for White Mountain might sound something like:

The population survey of 2022 is inadequate to determine that there are 791 horses currently residing in the HMA. The winter of 2023 caused massive die-off of numerous grazing animals including wild horses. BLM simply asserts that wild horses are akin to a super species and not impacted.

The proposed capture of 586 wild horses scheduled for August of 2024, could cause population levels to drop below the set AML stated in DOI-BLM-WY-D040-2020-0005-EA.

BLM must provide current census maps and any mathematical process used to determine current numbers. The growth rate asserted in the EA in inadequate to make a determination of excess. Circumstances such as the hard winters were not analyzed in DOI-BLM-WY-D040-2020-0005-EA.

Our team member is still working on her comments to this DNA.

Did you know WHE is in court now on the issue of DNA? For most herds BLM does not issue any DNA or disclose any information or give the public an opportunity to present new information? At both Blue Wing and Antelope WHE is in the courts now demonstrating the lack of DNA process. At Antelope (and the upcoming Triple B) BLM is using a 2017 gather EA without any disclosure or comment period. At Blue Wing BLM is also using a 2017 Gather EA with no disclosure of data, no DNA and no comment period.

We will get to the other questions in the inbox but wanted to give you answers on White Mountain as the deadline for comments is fast approaching.

Comments are due on the Decision of NEPA Adequacy for the White Mountain HMA in Wyoming on 3/22. (Click HERE)

We need your help to continue to document, expose, work toward reform with lawmakers and litigate. Our wild ones deserve to live free on the range and free from abuse.

Thank you for keeping WHE on the frontline in the fight to protect and preserve our treasured wild ones.