2026 will usher in the 55th Anniversary of the Wild Free-Roaming Horses and Burros Act.

The 54th Anniversary will be marked by advocates around the world. On December 15, 1971, the Wild Free-Roaming Horses and Burros Act was published in the Federal Register becoming law.

Passed by both houses of Congress unanimously, the new law gave the public the distinct impression that our federal government would make a lawful and data-based effort to preserve and protect wild horses and burros on our public lands.

It took our predecessors, the pioneers of wild horse advocacy, decades of heartbreaking work simply to gain federal protections. Those efforts included the passage of the 1959 “Wild Horse Annie Act,” PL 86-234. A simple piece of legislation aimed at stopping the capture of our wild ones by motorized vehicles and their gruesome death through poisoning of water sources. That law failed due to a lack of enforcement and clear jurisdiction.

The ensuing debate that happened to pass the 1971 law (click highlighted text) gives real insight into the immediate push to dismantle and weaken protections made by adversaries. During that debate “free-roaming” became a misleading term that meant “confined within boundaries.”

A direct line can be drawn from the initial local political pressure after the Act passed from livestock (and BLMs caving to that pressure) to the abysmal failure of carrying out the intention of the law today.

Some of the wording of the law would have you truly believe that that there would be places where wild horses and burros would be protected and we would have large herds of wild horses like we had of elk and deer. 

But words do not match actions.

“Protected where presently found” in 1971.

The Bureau of Land Management (BLM) and United States Forest Service (USFS) did not begin to protect and preserve wild horses and burros where they were found at the time of the passage of the Act. They instituted a “claiming period” where mustanging essentially continued with anyone saying “these horses belong to me.” Entire areas were wiped out either through capture or killing. There were numerous livestock permittees angry at what they called “federal interference” with livestock grazing on public lands and the Wild Horse and Burro Act was just one more avenue the government was interfering.

Even though the law stated clearly that (SEC. 5.) A person claiming ownership of a horse or burro on the public lands shall be entitled to recover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found, no documents or process was required.

The claiming period required nothing more than a chat or fast note between the livestock permittee and BLM and hundreds (and even thousands) of free-roaming horses would be captured and taken to the slaughterhouse or simply killed to rid the area of horses and potential “interference” of the new federal program.

The claiming period did not end until 1976 and only after public outrage. Thousands of wild horses and burros disappeared from entire landscapes with no oversight and no proof of private ownership. Many of those areas should have been designated for management of wild horses and burros. But instead, corruption of the law happened fast.

Carter HMA

The claiming period was used to wipe out horses from large swaths of land. Even in areas where they were known to exist and territory had already been designated for their use. It happened all over the West setting the stage for a program that was corrupted as it began.

Carter

The 300,000 acre New Years Lake Herd Area (HA) near Cedarville, California, is one such place. Today we know this area as the 23,000 acre Carter Herd Management Area (HMA).

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Gutting the HMA that ran all the way from Cedearville CA north to the border of the state down to a tiny fragment of the original territory that had no year round water source. Then stating fewer than 35 wild horses could live where thousands had once roamed, This is the exact opposite of creating the expected protection for wild horses many thought would happen after the law had passed. BLM simply expanded livestock use that had already been shown to be the major factor in degrading landscapes and labelled it “thriving natural ecological balance.” (slideshow shows quotes from our litigation)

The Act states: A “range” means the amount of land necessary to sustain an existing herd or herds of wild free-roaming horses and burros, which does not exceed their known territorial limits, and which is devoted principally but not necessarily exclusively to their welfare in keeping with the multiple-use management concept for the public lands;

The Code of Federal Regulations states: § 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.

The law also states: “All management activities shall be at the minimal feasible level…” Meaning the level of interference from human management would be kept to the minimum.

None of it mattered.

Livestock expanded and wild horses and burros continued to be pushed aside… at Carter and every other HMA in the nation.

The law stated clearly: Designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation… managed pricipally but not exclusively for wild horses and burros. 

Instead the meaning of word “range” became changed with no public process or disclosure of paperwork. BLM said that definition only applied to areas designated before the act was passed and to “Wild Horse or Burro Ranges” that use the capital letter “R.”

They said other areas would be looked at for designation. The criteria:

• Unique herd characteristics (e.g., specific genetic traits or behaviors).
• Outstanding viewing opportunities for the public.
• Unique landscape features within the area.
• Significant historical or cultural features related to the horses or the land. 

Tassi-Gold could easily meet the criteria for wild burro Range

Today we are left with the task of undoing decades of corruption as new constructs (like low AML) are set to place our herds on the brink of slow die-off and into the pages of history.

The new construct of “low AML” is the target for removals today. That target represents 10,000 fewer wild horses and burros than Congress found fast-disappearing in 1971 when the law was passed.

Congress could reform the program through funding directives and amendments. But Congress seems focused on making the status quo (getting to corrupted AML and staying there) a more palatable way by questioning the use of helicopters (as they ignore that BLM stopped short of creating enforceable welfare rules) and expanding infertility methods (without looking at the numbers and consequence). Why? Because big lobby groups won’t push back too much as the status quo is just repackaged.

There is another way. A planning document for wild horses and burros that could trigger a Land Use Plan revision is the Herd Management Area Plan (HMAP).

Our precedent setting litigation is leading the way to break the deadlock in HMAP creation. We have already won numerous cases demonstrating that BLM has illegally delayed the creation of HMAPs. Right now  We have numerous cases pushing to gain accountability to transparency and data-based management. In other words, BLM will have to disclose how they set the baseline for management practices in agreements and not science. They will also need to fix those fatal flaws.

As we all begin to ponder the 55th Anniversary of the 1971 Wild Free-Roaming Horses and Burros Act, let’s take a moment to appreciate this moment in time…

… As our wild ones stand under tremendous threat, we are standing in a time when we could finally turn things around…. together.

Our critical $10,000. end-of-year match is now active!

Every dollar you donate through the end of the year will be DOUBLED to keep WHE on the front line fighting for long overdue reform and justice for our wild ones. 

Thank you for keeping WHE running for our wild ones!

To learn more about the fight to gain the 1971 Wild Free-Roaming Horses and Burros Act, please visit our permanent online exhibit by clicking the image below.