We are getting a lot of questions in our Inbox. Often, when we receive repetitive questions we know there are many of you with the same question, you just have not asked it yet. We hope this article can assist you in your advocacy.
When taking your advocacy to the next level through setting appointments with your lawmakers, or crafting your own comments on a proposed plan BLM publishes that will impact a herd, it can feel daunting. Do not give up, your voice really matters. By speaking out you let your lawmakers and federal land managers know that our wild horses and burros have strong public support.
Lawmakers (House and Senate)
A simple thing to remember when talking to your reps is what they can do: your representatives in the House and Senate can pass a bill that becomes a law federal agencies carry out. The spending bill (Appropriations) is one place where a big impact can be made. Every year (since the Burns Amendment of 2004), the Appropriations bill has forbidden funding to be used to sell wild horses and burros without limits (directly to slaughter). The SAFE Act is a bill that will make transport to and slaughter of equines illegal. When talking to your representatives you simply define what you want and phrase it language that asks for support of an existing bill or to “fund or defund” something in the spending bill for the BLM Wild Horse and Burro Program. (More here on how you can take action on SAFE and Appropriations)
Comment Periods
There are three open comment periods right now that seem to have people really confused. Each comment period is really distinct in where it falls in the stages of “creating a roundup plan.” A roundup plan (or Gather, Population Growth Suppression Plan Environmental Assessment or “EA”) is one step under the National Environmental Policy Act (NEPA).
A really easy was to understand what a NEPA document is about is to look at the words before the acronym that defines how deep the analysis is. In other words: A Gather-EA is supposed to analyze the impacts of “gather.” A Herd Management Area Plan-EA is supposed to analyze management alternatives and create a frame. A Determination of NEPA Adequacy essentially says there is no new information to justify doing another EA (like a Gather-EA). A Resource Management Plan (RMP) or Land Use Plan (LUP) are terms often used interchangeably and are simply guidance documents that determine overarching goals for a district.
Everything in the world of wild horses and burros seems to be done at the more superficial levels of analysis available within NEPA. The Environmental Assessment (EA) level of analysis is relatively superficial and reserved when a proposed action will not have a significant effect on the environment. Anything that has a significant impact BLM does in-depth analysis under something called the Environmental Impact Statement (EIS). (A link to a page on the BLM website that discusses levels of NEPA analysis)
This is confusing some of you because back in February, what is called an Interim Final Rule was published doing away with decades of Council on Environmental Quality (CEQ) regulations, some going back to 1978. The CEQ oversees NEPA implementation and issues guidance and interpretation of regulations. The new rule does away with some of the guidance provided to BLM by CEQ in how to implement NEPA, it does not do away with NEPA requirements. It does not negate the Code of Federal Regulations.
We have downloaded the Citizens Guide to NEPA and the Code of Federal Regulations directly related to wild horses and burros in case they disappear offline (like so many things on the BLM website have since January). Just click the highlighted text for each and download your own copy.
There are three comment periods open right now that are confusing some of you. These three are really different in where they sit in the timeline of “creating a roundup.”
Three Very Different Comment Periods
HMAP: Framework
Comments due, April 14: Callaghan Complex. This is a “Scoping” period for a Herd Management Area Plan (HMAP). Scoping happens before BLM crafts a draft proposed management plan where you will be able to comment again. It may seem confusing because BLM phrases everything they do in the world of wild horses/burros as a removal plan. However, our recent court wins have affirmed that an HMAP is not a gather plan. Simply because BLM tries to limit you to only talking about removals, does not mean that you have to allow them to “put you in a box” simply because it is convenient for them.
HMAPs have been denied for over 40 years for the vast majority of our herds because this is the place you can comment on everything they tell you that you cannot comment on, or is “outside the scope,” in a roundup plan.
Gather (Population Growth Suppression) Plan
Comment due April 30, 2025, at 4 p.m. MST: BLM has released a Gather Plan to “Remove Excess Wild Horses from Herd Areas Previously Designated as Herd Management Areas” that includes: Great Divide Basin, Salt Wells and Adobe Town (the part they are zeroing out). This is a roundup plan to replace the ten-year roundup plan finalized in 2021 that began with the largest single roundup in U.S. history. In May of 2023, BLM finalized an amendment to an existing Resource Management Plan (RMP) that opens the door to BLM creating the new proposed roundup plan to zero-out over 60% of the existing land base. That is what this gather EA is about. It is a traditional gather-EA (the type many of you have commented on before) tied to an amended plan currently in a federal Appeals Court. IF the amendment is defeated in court, this Gather-EA will be pulled. If it is not defeated, this gather EA will need to be challenged as a distinct plan.
You can read the documents and comment by using the green “participate now” button HERE. The comment period will close April 30, 2025, at 4 p.m. MST. A valid comment would be that this gather plan is premature and the BLM should wait for a ruling in the Appeals court.
DNA, or When BLM Says They Need No New Analysis
Comments due April 28, 2025: A Determination of NEPA Adequacy (DNA) for a large roundup this summer at Adobe Town was released for public comment. A DNA basically states that BLM can do the action without additional analysis because underlying planning is sufficient. BLM DOES NOT NEED TO FINALIZE THE NEW ROUNDUP PLAN TO DO THE PLANNED ROUNDUP IN JULY. It seems a lot of you have been confused by numerous news stories that have been lacking in depth of coverage. YES, the RMP amendment is currently in the Appeals Court, If the RMP amendment is defeated, BLM cannot finalize the plan to remove all the horses. However, the roundup planned this summer is not tied to the draft plan listed for comment above, it is tied to the ten-year roundup plan approved in 2021. This DNA states that no new information is available that would render the 2021 analysis to “get to AML” deficient.
You can read the DNA and comment HERE by clicking the green “participate now” button. Relevant comments would address any new information BLM did not consider. This is not a new roundup plan, but an action proposed under an existing plan from 2021. A valid comment would be that the 2021 Gather plan did not define a data-based foaling season. BLM is prohibited from helicopter drive-trapping during peak foaling season. Without a site-specific determination, BLM is likely in violation of the prohibition. The comment period will close April 28, 2025.
For those of you that want to take a deeper dive into Codes and Rules, click HERE.
We do not just work to expose what is wrong, we fight back. When others stay silent or simply post on social media, many of you have also come to rely on WHE to push hard in legislation and litigation. WHE might not be the biggest org., but we take a big bite.
Our team needs your support.
We have just been offered a $10,000 match to kick off fundraising for our field and investigative team. From range through holding, boots-on-the ground through detailed tracking through Freedom of Information Act requests and analysis, we must identify all that is wrong so we can fight to fix it. The information we gain creates a foundation for our litigation team. We have until May 1 to meet the challenge.
Categories: Wild Horse Education
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