Wild Free-Roaming Horses And Burros Sale And Slaughter Prohibition

Floor Speech

WILD FREE-ROAMING HORSES AND BURROS SALE AND SLAUGHTER PROHIBITION -- (House of Representatives - April 26, 2007)

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Mr. UDALL of Colorado. Mr. Chairman, I support this bill, but I think the Natural Resources Committee should consider whether additional legislation would be appropriate in order to improve the management of wild horses and burros on Federal lands.

The bill repeals a provision enacted in 2004 as part of an appropriations bill that itself repealed the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros that had been the law since 1971.

The Wild Free-Roaming Horse and Burro Act of 1971 established as national policy that wild free-roaming horses and burros were to be protected from capture, branding, harassment, and death and, among other things, it directed that ``no wild free-roaming horse or burros or its remains may be sold or transferred for consideration for processing into commercial products.''

Practically since its enactment, the law's implementation has been problematic. In particular, the Bureau of Land Management--BLM--has been criticized by the Government Accountability Office and the Interior Department's Inspector General for the way it has responded to the challenge.

Under the act, the agencies inventory horse and burro populations on Federal land to determine ``appropriate management levels.'' They are authorized to remove animals determined to be exceeding the range's carrying capacity so as to restore a natural ecological balance and protect the range from deterioration.

Toward that end, the law authorizes removed animals to be offered for private adoption. New owners can receive title after a 1-year wait, with certification of proper care during that time. An individual may receive title to no more than four animals per year.

The law says that if adoption demand is insufficient, the remaining healthy animals are to be destroyed--but that authority has not been used for more than 20 years, and BLM was prohibited from doing so by funding limitations included in the appropriations act from 1988 through 2004.

The latest numbers I have seen indicated that there currently are an estimated 28,500 wild horses and burros on BLM's 199 herd management areas. I understand this is the lowest level since the early 1970s and is the closest to what BLM considers to be the appropriate management level since that time--but evidently BLM expects the population to increase to about 34,000 in this fiscal year while a reduced emphasis on removal, as proposed in the President's budget request for fiscal 2008, could result in a considerable increase in the number of wild horses and burros on BLM-managed lands. My understanding is that as of the end of fiscal year 2006 there were another 3,180 wild horses and burros on 37 ``territories'' managed by the Forest Service.

Removals have long been controversial. Some think they are not appropriate, while others are of the opinion that reduction of herds protects range resources and balances wild horse and burro levels with wildlife and domestic livestock. BLM says it bases decisions about appropriate management levels on population censuses and range monitoring, taking into account natural resources, such as wildlife and vegetation, and land uses, including grazing.

My understanding is that between fiscal 1972 and fiscal 2006, 268,709 horses and burros were removed, of which 216,942 were adopted, while others died of natural causes, were sent to holding facilities, or were sold. Because more animals have been removed than have been adopted, large numbers of animals are being held in facilities.

This was the context in which Congress enacted the requirement for sale of unadopted animals that this bill would repeal. However, in April 2005, BLM temporarily suspended sale and delivery of wild horses and burros due to concerns about the slaughter of some animals. The agency did not sell animals directly for slaughter, and was requiring purchasers to give written affirmation of an intent to provide humane care. Nevertheless, 41 sold animals were resold or traded and then sent to slaughterhouses. Another 52 animals were sold to slaughterhouses, but Ford Motor Co. committed to purchasing them. In May 2005, BLM resumed sales after revising its bill of sale and pre-sale negotiation procedures.

I support this bill because the provision it would repeal was inserted without the benefit of any hearings or public notice and without an opportunity for the Natural Resources Committee, which has jurisdiction, to consider possible alternative approaches.

For the same reason, when the House considered the fiscal 2006 Interior appropriations bill, I supported the Rahall amendment that prohibited the use of funds for the sale or slaughter of wild free-roaming horses and burros--an amendment that the House again included in the fiscal 2007 Interior Appropriations bill by voice vote.

After passage of this bill, the appropriate next step will be for our committee to review the status of the wild horse and burro program to see whether there is a need for more carefully considered changes in the law.

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