The underlines and boldfaces have been added.
“It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands.” The lands defined as… “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…”
As this is written for-profit cattle and sheep outnumber the wild horses and burros more than 100 to 1 on virtually all of the lands congress assigned to be devoted principally to the welfare of the wild horses and burros.
“The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands.”
The land on which the horses and burros were to reside, according to the law, was to be “designed to achieve and maintain a thriving natural ecological balance.” Which in itself makes the leasing of grazing rights for millions of for-profit cattle and sheep patently illegal. There is no possible way to achieve a “thriving natural ecological balance” when millions of cattle and sheep are destroying the land.
“All wild free-roaming horses and burros are hereby declared to be under the jurisdiction of the Secretary for the purpose of management and protection in accordance with the provisions of this Act.”
Below, Federal Judge Rosemary M. Conyers hammers this home in her ruling against the BLM in the Colorado Wild Horse and Burro Coalition when the BLM claimed the right to “manage” the horses. The BLM can manage only “in accordance with the provisions of this act.” The BLM chose not to appeal.
The underlines and boldfaces have been added.
“It is a federal crime to remove a wild free-roaming horse or burro from public lands, convert a wild free-roaming horse or burro to private use, or kill or harass a wild free-roaming horse or burro. Congress delegated to the Secretary of Agriculture and the Secretary of the Interior jurisdiction over all wild free-roaming horses and burros ‘for the purpose of management and protection in accordance with the provisions of this chapter.’ The Act further provides that “[i]t is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands. It further provides that “[t]he Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands” and that “[a]ll management activities shall be at the minimal feasible level . . . in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species.”
The Judge goes on to say, “BLM’s authority to “manage” wild free-roaming horses and burros is expressly made subject to “the provisions of this chapter[,]” 16 U.S.C. § 1333(a), including the provision that “[i]t is the policy of Congress that wild free-roaming horses and burros shall be protected from capture . . . .” Id. § 1331. It would be anomalous to infer that by authorizing the custodian of the wild freeroaming horses and burros to “manage” them, Congress intended to permit the animals’ custodian to subvert the primary policy of the statute by capturing and removing from the wild the very animals that Congress sought to protect from being captured and removed from the wild.”
To read Judge Conyers entire ruling:
https://www.thesoulofahorse.com/PDF Files/JudgeCollyerAugust5-2009Opinion.pdf
The BLM appealed the ruling and then days later abandoned the appeal.
Proper enforcement of the 1971 law would effect the ultimate solution to the problem while drastically reducing the budgets of both federal agencies charged with implementing the protection of wild horses and burros. Enforce the law the BLM is charged with enforcing and you’ll save the horses and cut costs.
Enforcement of the law as written would give the horses and burros the land Congress intended them to have land and there would be little need for “management” or management expenses beyond observation. And perhaps some serious research on how the horse is genetically designed to live, eat, travel, etc.
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The story of our journey with horses (to date) is told in the two books that follow: the national best seller The Soul of a Horse – Life Lessons from the Herd and its sequel Born Wild – The Soul of a Horse.
And what a story it is as two novices without a clue stumble and bumble their way through the learning process so that hopefully you won’t have to. If you haven’t read both of these books already please do because with that reading, I believe, will come not just the knowledge of discovery but the passion and the excitement to cause you to commit to your journey with horses, to do for the horse without waiver so that your relationship and experience will be with loving, happy and healthy horses who are willing partners and who never stop trying for you. Horses like ours.
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The highly acclaimed best selling sequel to
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