Legislative Issues & Policies - Wild Horse and Burro Legislation

Introduction
The wild horse and burro issue has perplexed the various interests involved in it for years. The herds have been managed by the Bureau of Land Management (BLM) since passage of the 1971 legislation protecting them. To some they are a part of the “American heritage.” To others they over breed and compete with other livestock for forage and water on federal lands.

BLM has offered these horses for adoption for years under their Adopt-a-Wild Horse program. But herd sizes continue to grow faster than the excess horses are adopted and BLM maintains it has not been able to bring the herds down to manageable levels. There are now an estimated 24,000 animals in holding facilities costing $495 per animal per year.

In the last Congress, Senator Conrad Burns (R-MT) and others included a provision in the Omnibus Appropriations Bill repealing the prohibition on the sale of wild horses and burros for commercial purposes and authorizing the Secretary of Interior to sell excess animals at public sales “without limitation” on their use. Excess horses are deemed to be those over ten years of age and those that have not been adopted in three attempts. BLM has estimated that approximately 8,400 animals fall in those categories. Many are concerned that such animals could go to slaughter.

House Legislation
On January 25, 2005, Representative Nick J. Rahall II (D-WV) introduced H.R. 297 to restore the prohibition on the commercial sale and slaughter of wild horses and burros. That prohibition in the Wild Free-Roaming Horses and Burros Act passed by Congress in 1971 protected wild horses and burros from being sold or transferred for commercial purposes, including slaughter.

The House bill was referred to the Committee on Resources, and was then referred to the House Subcommittee on Forests and Forest Health. As of mid-March 2005, the bill had 41 co-sponsors.

On June 20, 2005 Representatives Jon Porter (R-NV), Shelley Berkley (D-NV) and James Gibbons (R-NV) introduced the “Wild Free-Roaming Horses and Burros Sale and Adoption Act of 2005” (H.R. 2993), which would provide for the sale and adoption of excess horses and burros. This bill would extend the one-year federal protection for horses acquired through the BLM adoption program to the “excess” horses sold under the sale authority Congress passed last year.

The effect of this would be that any excess horses purchased would have to be held for at least one year. The bill would also allow all horses not suitable for adoption to be sold, lift the limit (presently four) on the number of horses an approved adopter may purchase and lower the minimum adoption fee from the present $125 to $25.

The bill was referred to the House Committee on Resources.

Senate Legislation
Senator Robert Byrd (D-WV) introduced companion legislation in the Senate (S. 576) to the Rahall bill in the House. This bill was referred to the Energy and Natural Resources Committee. As of mid-June, the bill had 7 co-sponsors.

On June 20, Senators Harry Reid (D-NV) and John Ensign (R-NV) introduced a companion bill (S. 1273) to the Porter bill in the House. This bill was referred to the Committee on Energy and Natural Resources.

Congressional Action - Interior Department Appropriations Bill Amendment
There have been no hearings or other action on any of the “stand-alone” bills.

In mid-May, the House passed an amendment to the Interior Department’s Fiscal Year 2006 Appropriations Bill prohibiting the use of any funds for personnel involved in the sale of wild free-roaming horses and burros. The purpose of this amendment is to effectively repeal the provision passed in the last Congress allowing wild horses to be sold for various commercial purposes, including possibly slaughter. Congressman Rahall (D-WV) offered this amendment and it passed as part of the broader Interior Appropriations legislation.

There is no similar provision in the Senate Interior Appropriations bill, which has been passed by the Senate.

There will be a conference between the House and Senate to reconcile the differences in the two Interior Appropriations bill including the House-passed amendment prohibiting the use of funds for personnel involved in the sale of wild free-roaming horses and burros.

AHC Position
The AHC does not have a position on this legislation at this time.