BLM LIBRARY
88027531
EIGHTH REPORT TO CONGRESS 1990
ADMINISTRATION OF THE WILD FREE-ROAMING HORSE AND BURRO ACT
"^ United States Department of the Interior
Bureau of Land Management
/^^-^tvv United States Jj) Department of Agriculture i ^°'^^^ /li4S\ Service
A44^cJ^^^ (
^^ Eighth Report To Congress On The Administration Of The Wild Free-Roaming Horse And Burro Act
1990
1
TABLE OF CONTENTS
Chapter Page
Preface v
Wild Horse and Burro Chronology vi
Management 1
Planning 1 Census 2 Research 3 Program Guidance 4 Wild Horse and Burro Information System 4 Wild Horse and Burro Workshop 4 Program Audit 4
Control 7
Removals 7 Placement of Excess Animals 7
Protection 11
Protection on the Range 1 Compliance and Enforcement - Adopted Animals 12
Funding and Expenditures 15
Litigation 17
State by State 18
A New Decade 25
Appendixes 26
A. Herd Areas Administered by BLM 26 B. BLM Population Estimates 37 C. FS Population Estimates 38 D. FS Accomplishments 39 E. BLM Accomplishments 40 F. Report to Congress on Strengthened Compliance Procedures. 42 G. Wild Horse and Burro Program Appropriations - 1972-1989_ 44 H. Litigation Summary 45
lU IV Preface
In December 1971, President Richard M. Nixon signed into law legislation 'To require the protection, management, and control of wild free-roaming horses and burros on public lands." Section 11 of the law, commonly known as the Wild Free-Roaming Horse and Burro Act (16 U.S.C. 1331-1340), directs the Secretaries of the Interior and Agriculture to submit a biennial report to Congress on the administration of the Act. This eighth report examines the many facets of protection, management, and control of wild horses and burros during Fiscal Years 1988 and 1989.
The chronology on the next two pages summarizes the history of America's wild horses and burros. This historical perspective may be useful in understanding the challenges, accomplishments, and problems in administering the Act as the 1980's drew to a close. WILD HORSE AND BURRO CHRONOLOGY
8000 BC Horse became extinct on North Ameri- research study , and to establish an can continent. order and priority for removal of excess animals. 1500's Spanish explorers reintroduced horses
to North America. 1 980 Li ttle Bookcliffs Wild Horse Range was designated in Colorado. 1600's Indians acquired horses. 1982 Adoption fees of $200 per horse and 1600's Escaped or abandoned wild horses $75 per burro were established after a through and (later) burros roamed free on congressional committee and the Office 1950's open range in West and Southwest. of Management and Budget recom- Habitat gradually shrank as settlement mended recovery of some of the costs increased. Herd size was controlled by of adoption. ranchers and also by mustangers who hunted the horses or gathered them for BLM Director and Forest Service Chief sale. placed a moratorium on provision in the law to destroy unadopted excess 1959 Wild Horse Annie Act (PL86-234) animals. prohibited the use of aircraft to capture horses and burros on public lands. National Academy of Sciences published the Final Report of the 1961 Nevada Wild Horse Range, the first Committee on Wild and Free- wild horse range, was established Roaming Horses and Burros. within boundaries of Nellis Air Force Base in Nevada. 1983 Bills were introduced (but not passed) to amend the Wild Free-Roaming 1968 Pryor Mountain Wild Horse Range Horse and Burro Act to allow sale at was established in Montana. auction of unadopted animals.
1971 Wild Free-Roaming Horse and Burro Adoption fee for a vA\d horse was Act (PL92-195) provided for the pro- reduced from $200 to $125 in response tection, management, and control of to public concern and reduced adop- wild horses and burros on public lands tion demand. administered by the U.S. Department of the Interior through the Bureau of 1984 Emergency rulemaking was published Land Management and the U.S. De- giving the Director of BLM authority to partment of Agriculture through the waive or adjust the adoption fee for Forest Service. unadoptable animals.
1973 First wild horse adoptions took place BLM eliminated transportation costs to in Pryor Mountains, Montana. adoption sites, making adoption fees uniform throughout the Country. 1976 Federal Land Policy and Management Act (PL 94-579) amended the Wild 1985 Congress tripled program funding and Free-Roaming Horse and Burro Act to directed BLM to triple removals. permit managing agencies to use helicopters in the removal of excess BLM accomplished a record number of animals. removals: 19,000.
1978 Public Rangelands Improvement Act Contracts were awarded for three wild (PL 95- 514) amended the Wild Free- horse holding facilities located in Roaming Horse and Burro Act to Bloomfield, Nebraska, Lovelock, allow adopters to obtain title to Nevada, and Muleshoe, Texas. animals in their care, to require a
VI Contract was awarded for fertilty tion with State of South Dakota and control research project. private group.
1986 Wild horse and burro program regula- BLM terminated fee waiver program in tions were revised. September because of public and con- gressional concern and because of Secretaries of Agriculture and the Interior establishment of sanctuaries. established a wild horse and burro advisory board, which proposed a 5-step Contract was awarded for one holding process for excess animals. Step 5 was facility (Bloomfield) for FY 1989. humane destruction of unadopted animals. 1989 Congress continued to prohibit use of appropriated funds to destroy healthy First inmate-wild horse training program unadopted wild horses or burros. instituted in Colorado State correctional facility at Canon City, Colorado. (Prison Second sanctuary was chosen in Septem- training was one of the steps recom- ber near Bartlesville, Oklahoma. mended by the Advisory Board.) Removals were impacted by appeals by 1987 Draft policy incorporating Advisory humane groups to Interior Board of Land Board's recommendations was made Appeals. available for comment Public response
opposed proposal to lift moratorium on destruction of unadopted animals.
Two new maintenance contracts were awarded for FY 1988 to existing facilities at Bloomfield and Lovelock.
California, New Mexico, and Wyoming instituted prison training programs.
BLM achieved record number of adop- tions - 12,776 - through a combination of regular and fee waiver adoptions.
Court enjoined BLM from transferring title to adopted animals in cases where adopter expressed the intent "upon
granting of title, to use said animals for commercial purposes."
1988 Congress prohibited use of FY 1988 funds to destroy healthy unadopted wild horses or burros.
BLM issued guidance including most of Advisory Board's recommendations, but not destruction of unadopted animals.
South Dakota sanctuary for unadopted wild horses opened by BLM in coopera-
Vll vm Chapter I - Management
Enactment of the Wild Free-Roaming Horse and burro habitat in 1971. While regretting that early Burro Act (Act) provided basic protection for wild records and reports were not completely accurate, horses and burros, and the animals began to thrive. the BLM believes that significant progress has Continuing long-term protection, however, is to a been made in the past few years in identifying great degree the product of management. The original herd areas. The detailed herd area Secretaries must manage wild horses and burros as information in Appendix A was first provided in "components of the public lands" in numbers that the Seventh Report. These data should allow "preserve and maintain a thriving natural ecological better tracking of herd area status. balance and multiple-use relationship in that area." Achieving that goal depends on many factors. The reduction in the reported herd areas from 270 in the Seventh Report to 268 resulted from three actions: (a) the consolidation of five herd areas in Planning Nevada into an enlarged and renamed single area (-4); (b) the addition of one herd area in Nevada,
Land use planning is a prerequisite for all resource which had previously been erroneously listed as management decisions and activities in the Bureau falling under FS jurisdiction (+1); and (c) the of Land Management (BLM) and the Forest Service listing of a new herd area in Colorado, which had (FS). Through the planning process, decisions are been formed by subdividing a larger area (+1). made as to the preferred mix of uses, including consumptive uses, on specific areas. Changes also occurred in the number of (a) herd management areas, (b) herd areas where decisions
For wild horses and burros, planning first addresses have not yet been reached, and (c) herd areas the question of whether a herd area is to be a herd where animals will not be managed. The smaller management area. A herd area is an area used by number of herd management areas (195 from 199) wild horses or burros as habitat in 1971 when the reflects the changes explained above; that is, Act was passed; a herd management area is a herd Nevada had a net loss of three herd management area where the land use planning process has areas because of consolidation and Wyoming determined that wild horses or burros will be amended the status of one herd management area. managed. The BLM has identified 268 herd areas Idaho decided to remove animals from one herd and has decided through the planning process to area, so there are now only two areas left without manage wild horses or burros on 195 areas and not decisions. The newly listed Colorado area is also to manage them on 71 areas. There are two herd one where animals will not be managed, and areas where decisions have not yet been made. Wyoming changed the status of one herd manage- ment area to an area without horses. The Wyo- The numbers above have changed slightly from ming situation involved a decision that had been those published in the Seventh Report. Such made in a previous planning document but that changes occur even though the Agencies agree that, was revisited recently when a resource manage- regardless of specific management decisions, areas where wild horses and burros existed in 1971 remain herd areas. In theory, the number of herd areas should be unchanged from year to year. However, over the last few years, BLM has found it necessary to revise published data about herd areas and herd area acreage as States have clarified the status of areas reported earlier and as the Agency's ability to gather and validate herd area information has improved. Court rulings can affect herd area acreage. For example, in resolving a lawsuit in Nevada, the court redrew the boundaries of a herd area. Thus, the herd area acreage for that particular area has been reduced.
The BLM recognizes that this inexactitude is a source A once wild horse serves as a pack horse for the Forest Service in the of concern to those attempting to track the number Warner Mountain Wilderness Area. Note the identifying freeze mark of herd areas and acres comprising wild horse and on the neck. (Photo by Tracey Irons) "
ment plan was developed. Because the horses been established for administrative reasons, rather would not remain within the herd area, it was than in terms of the optimum number which decided not to continue the status of the area as results in a thriving natural ecological balance and a herd managen\ent area. avoids a deterioration of the range."
The FS uses the term "herd territories" in referring As Fiscal Year (FY) 1989 ended, BLM was develop- to areas on lands under their jurisdiction where ing new guidance to accommodate the IBLA's wild horses and burros existed in 1971. The FS stringent standard for determining excess wild manages wild horses and burros on 43 herd horses and burros exist on a particular area before territories. Some herd management areas and removals can be accomplished. See Chapter III for territories include both BLM and FS admiiiistered an examination of how the appeals to the IBLA lands. The FS has the lead in 1 1 of these areas and affected BLM's accomplishments in FY 1989. the BLM is the lead agency on 8 areas of combined jurisdiction.
When an area is determined to be a herd manage- Census ment area, BLM uses its planning process to determine management objectives for the herd and Counting wild animal populations is difficult and the habitat. Specific management actions are then the results inexact. Recognizing this, it is still developed in a herd management area plan imperative to obtain reasonably reliable counts of (HMAP). The total number of HMAP's completed wild horse and burro populations. The BLM Field as of September 30, 1989, was 89, an increase of 5 Offices census the wild horses and burros in the over the number reported 2 years ago. This various herd areas on cycles ranging from yearly number appears to reflect a correction of previ- ously reported data since none of the HMAP's listed by the States had completion dates of 1988 If - ^ " or 1989. * Herd areas administered by BLM are listed in Appendix A, which shows acreage, management status, current population, and appropriate wl • management levels for each area. Until 1989, ^ appropriate management levels arrived at through planning were used to define excess. That is, animals above the appropriate management level herd management area plans, can use selective removals established for an area were declared to be excess Through BLM to preserve desirable characteristics, such as the patterns on these and subject to removal under Section 3(b)(2) of the Appaloosa mares from the Warm Springs Herd Management Area in Act: the Bums District in Oregon.
"Where the Secretary determines . . . that an to once every 3-5 years. According to the National overpopulation exists on a given area of the Academy of Sciences (NAS) Committee on Wild public lands, and that action is necessary to and Free-Roaming Horses and Burros, censuses remove excess animals, he shall immediately carried out every 2 or 3 years are sufficient for remove excess animals from the range so as management information needs. The BLM census to achieve appropriate management levels. guidance is based in part on research conducted by the University of Minnesota in the early 1980's under the auspices of the NAS. In 1989, the Animal Protection Institute of America appealed the removal plans for several capture The population graph in Figure 1 reflects the most operations scheduled in Nevada. The Interior recent census data. For some individual herd areas Board of Land Appeals (IBLA) ruled that the term and territories, these data are current as of 1989. "appropriate management level" is "synonymous For others, actual counts may not have taken place with restoring the range to a thriving natural for several years. State-by-State population charts ecological balance and protecting the range from for both BLM and the FS are provided in Appen- deterioration." The IBLA concluded that "section dixes B and C. Appendix A (mentioned above) 3(b) of the Act does not authorize the removal of includes the date of the last census for most BLM wild horses in order to achieve an AML which has herd areas. Research determine whether certain characteristics of blood chemistry are related to animal condition. Among Congress made $1 million available for wild horse the investigator's findings were the following: and burro research in the FY 1985 Appropriations Act. Final reports on two of the three research There were significant differences between projects awarded in 1985 were provided to BLM in species, between locations, and between popula- FY 1988 and forwarded to the NAS Committee on tions from individual locations with respect to Wild and Free-Roaming Horses and Burros for physical findings, reproductive findings, and review and interpretation. The completed studies laboratory findings. deal with genetics and blood serum chemistry; the ongoing project is exploring fertility control. The physical findings suggest that the Nevada populations of mares were younger, lighter for their age, and in poorer condition than the animals
1. Wild Horse Parentage and Population Genetics from the other locations. The Wyoming popula- was carried out through a contract with the tions were intermediate in age, heaviest for age, University of California, Davis (Contract Number and their average condition index was the highest AA-852-CT5-28). This study reports on parentage for the three locations with data available. The patterns and genetic diversity in herds selected for Oregon populations were oldest on average study in the fertility control research contracted to and similar to the Wyoming population in weight. the University of Minnesota (see number 3 below). There were differences in condition index among Blood type testing was used to investigate the the four Nevada populations and in age for the genetic makeup of Great Basin wild horses and two Oregon populations. answer questions about genetic diversity, relation- ship of wild horses to various domestic breeds, The reproductive findings indicate the highest and percent of foals sired by the dominant stallion. pregnancy rate in the Wyoming animals and The study substantiated anecdotal accounts of the lower rates in the Nevada mares with significant origins of Great Basin horses from draft horses, population differences at both locations. saddle horses of American breed origin, and Spanish Barbs. Nearly one-third of the foals were 3. The most extensive of the three 1985 research found not to have been sired by the dominant contracts. Fertility Control in Wild Horses (Con- stallion of the band into which the foal was born. tract Number AA-852-CT5-29), was nearing completion of field studies as FY 1990 began. The final report from the investigators is due by September 30, 1990. During FY 1988, this project experienced problems in two areas.
First, tight tracking collars caused sores and infections in several animals. At nearly the same time, 48 horses died when they were unable to find their way to water after being captured for the study and then released. Because of their poor physical condition, the hot weather, and the separation from familiar water sources, the animals collapsed—or stayed with other collapsed horses until they too died from the stress of dehydration and hyperthermia.
The BLM Nevada State Office conducted an A few of the more than IflOO burros found in Arizona. investigation of the deaths and recommended changes in practices affecting wild horses, espe-
2. Analysis of Serum Chemistries of Free-Ranging cially in relation to the fertility control research. Feral Horses and Burros in Relation to Location, The research contract was then modified to in- Condition, and Reproduction summarizes work clude provisions to reduce the likelihood of injury performed under an interagency agreement with or death for the horses involved in the study. the Veterans Administration Medical Center, Minneapolis, Minnesota (Contract Number AA- At the beginning of FY 1990, this study was in a 852-1 A5-33). The objective of the study was to final monitoring phase. Program Guidance Program Audit
The BLM wild horse and burro program guidance The General Accounting Office (GAO) conducted was compiled in Manual Sections for the first time a review of the wild horse and burro program with the issuance of seven Manual Sections in during 1988 and 1989. The GAO furnished the 1988. The next step is to develop Handbooks with draft audit report to the Secretary of the Interior in detailed procedural guidance on several aspects of March 1990. the program. Drafts of Handbooks on adoption, preparation, and capture were in various stages of preparation at the end of FY 1989. (The Adoption Handbook was issued in December 1989.)
Wild Horse and Burro Information System MHiH On completion, the Wild Horse and Burro Infor- mation System will be a comprehensive computer- ized information system. The four planned data- bases will contain information on (1) disposition of excess wild horses and burros removed from the public lands, (2) herd area and population charac- teristics, (3) adoption applicants, and (4) wild horse and burro events.
During FY's 1988 and 1989, the Disposal database, which tracks animals removed from the range through their preparation, adoption, and titling or death, was further refined and improved. Prob- lems were resolved, such as clearing several hundred bad records from the database. All portions of the database were completed except for those pertaining to titling, compliance, and pro- duction of standard reports. Progress on followup development has been slowed by shifting of resources and priorities to integration and automa- tion of all BLM resource programs. Following completion of the Disposal database in FY 1990, work will begin on the Herd Area and Applicant databases.
Wild Horse and Burro Workshop
A wild horse and burro program workshop was held in Albuquerque, New Mexico, in April 1989. This was the first national program meeting in almost 6 years and provided an opportunity for an exchange of information on all aspects of the program throughout the BLM. Major products resulting from the meeting will include Hand- books on adoption, preparation, and capture as well as additional guidance on management of free-roaming horses and burros and the prison training program. Figure 1
Wild Horse and Burro Population History BLM Herd Areas
80.000 Burros 70,000 63,190 ^1:21^ Horses 60.100 jmm |#P 60.356 ^ 60,000 57.040 56.800 ^ a ^ i I 50,421 46.549 S 50,000
o 40,000 u Z 30,000 B ^ 20,000
10,000
1974 1976 1978 1980 1982 1984 1986 1988 1990 Fiscal Year *
Forest Service Herd Territories
5,000 Burros
Horses 4,000 „ 3.562 3,336 3.310 a 3.151 2.842 2 3,000 2.823
1.875 5 2.000 1.670 a
^ 1,000
1974 1976 1978 1980 1982 1984 1986 1988 1990 Fiscal Year *
Populalion at the beginning of the nscai year BLM ivrangler with wild horses trained and used at the Bums WUd Horse Corral in Oregon. Chapter II - Control
For most of the 1980's, control of wild horses and burros at appropriate numbers has been a major program goal in BLM. Although fertility control and selective removal strategies may prove useful tools in the future, the most direct and cost- effective control technique to date has been the nonselective capture and removal of excess wild horses and burros. "Nonselective" means that all animals gathered in a capture operation are removed, regardless of age, sex, color, markings, etc. In a few BLM herd management areas, selective removals are employed to achieve in area objectives set forth the herd management Horses in a holding pen at a capture site in California. plan, but most removals have been nonselective. (Photo by Joan W. Gowan)
Removals management levels' or, stated differently, 'so as to restore a thriving natural ecological balance to the range, and protect the range from the During FY's 1988 and 1989, the FS, which is deterioration associated with overpopulation.'" responsible for about 5 percent of the wild horses and burros, removed 190 excess animals. (See Prior to the IBLA ruling, BLM's determination of Appendix D.) In 1988, BLM removed 8,320 excess excess had been predicated chiefly on the appro- wild horses and burros. (See Appendix E for a priate management levels established through the breakdown by species and by State.) Because of planning process. These numbers, however, do the rate of population increase (calculated to be not necessarily indicate levels demonstrably tied between 18 and 19 percent), these removals to restoring a "thriving natural ecological balance produced only a slight reduction in the overall to the range" or protecting the range "from the population, from an estimated 43,290 to 42,350. deterioration associated with overpopulation." Early in FY 1990, the BLM was drafting new FY 1989 saw a halt to BLM's gradual progress guidance to reflect the IBLA decision. towards reducing the wild horse and burro populaHon to an appropriate level. In that year, appeals to the IBLA severely curtailed gathering Placement of Excess operations in Nevada, and BLM removed only Animals 4,462 excess animals. The postponements allowed the Act provides the population to grow from 42,350 to 46,550. The When removals are necessary, ruling on the appeals of removal plans affirmed the order and priority for such action. Old, sick, them in part and reversed them in part. The most or lame animals are to be humanely destroyed. Healthy animals are available for adoption significant part of the ruling was its insistence on a made narrow interpretation of the Wild Free-Roaming by qualified individuals. Excess animals for which is qualified indi- Horse and Burro Act in regard to the determina- there no adoption demand by tion of excess animals and, thus, the decision to viduals are to be destroyed in the most humane cost-efficient however, healthy remove animals. The IBLA ruled, in part, that: and manner; animals have not been subject to destruction since
". January 1982. (See "Unadopted Animals" below.) . . it is clear that any decision to remove wild horses is constrained by the express requirements of section 3(b) of the Act. Under that act, the term Old, Sick, and Lame Animals. Old, sick, or lame AML [appropriate management level] has a very animals are destroyed humanely using methods particular meaning in the context of actions required judged acceptable for euthanasia of large animals to h)e to horses from the public taken remove wild by the American Veterinary Medical Association range. It is synonymous with restoring the range to Panel on Euthanasia. In FY 1988, a total of 551 a thriving natural ecological balance and protecting wild horses and burros were destroyed or died of the range from deterioration. Thus, section 3(b) (2) natural causes or as a result of accidents. In FY of the Act provides that excess wild horses the 554. shall be removed 'so as to achieve appropriate 1989, number was Adopted Animals. Adoptions in FY 1988 totaled Because the treatment provided in the Act for un- nearly 11,000: 10,027 horses and 963 burros. adopted excess animals is not a viable option, the About half of these adoptions were accomplished BLM must find an acceptable alternative. This through fee waivers, a practice that was termi- problem was most pressing in the mid-1 980's, nated in September 1988. when approximately 10,000 excess wild horses accumulated in BLM corrals and contract facilities The regular adoption program continued to pending adoption or other placement. use temporary adoption centers as the major means to find homes for wild horses and burros. Fee Waivers. One attempt to solve the problem of Sixty-eight temporary centers were held in FY unadopted animals was the use of fee waivers. 1988. In the East, contractors help operate tempo- From 1984 to 1988, BLM placed approximately rary centers as well as manage year-round centers. Anticipating a significant increase in the adoption effort in the East, a third contract adoption center was opened in London, Ohio, in summer 1988. The other centers are located in Pennsylvania and Tennessee.
The plans to intensify the adoption effort proved unattainable. In FY 1989, without fee waivers and with removals constrained by the appeals to IBLA, only 5,220 animals were placed in private care: 4,325 horses and 895 burros. (See Appendix E for a breakdown by administrative State.) The 72 temporary adoption centers represented only a slight increase over the previous year. Several temporary adoptions planned for FY 1989 had to be canceled because of the cutback in removals that year. An unusual use of cm adopted jenny in Virginia!
To make horses in the age range of 4 to 6 years more attractive to adopters, BLM has cooperative 20,000 older, less adoptable horses in private agreements with corrections departments in four maintenance through fee waiver adoptions. In States—California, Colorado, New Mexico, and these transactions, one individual typically Wyoming~for inmates to halter train these obtained powers of attorney from many adoption animals. During FY 1989, the first year when all applicants, allowing the organizer to gain control prison training sites were operational, 1,700 wild of hundreds of horses. As with all wild horse and horses received training prior to being offered for burro adoptions, title was transferred to the adoption. Guidance is being developed to pro- adopters after 1 year if the animals had been cared vide greater consistency throughout the prison for humanely. In most fee waiver adoptions, the training program. animals were properly cared for during the 12- month period prior to titling. However, a few Healthy excess animals removed from FS lands in transactions resulted in inhumane treatment of FY's 1988 and 1989 were placed in adoption hundreds of animals. These cases contributed to a through BLM's Adopt-A-Horse Program. growing sense of concern about fee waivers.
Unadopted Animals . Healthy unadopted wild Two humane organizations challenged certain horses and burros are not destroyed despite the aspects of the fee waiver practice in Federal court. provision in the Act for destruction of unadopted The judge did not prohibit fee waivers or large- animals. The BLM and the Forest Service have scale adoptions. He did, however, limit the continued a moratorium on destruction of healthy potential for adoption for commercial purposes by animals for 8 years. In addition to the Agencies' directing BLM not to approve adoptions or grant moratorium. Congress included language in the title to animals already adopted where the appli- Appropriations Act for Interior and Related cant or adopter expressed the intent "upon grant- Agencies in FY's 1988, 1989, and 1990 prohibiting ing of title, to use said animals for commercial the use of appropriated funds for destruction of purposes." healthy animals. In April 1988, BLM suspended the practice of waiving fees, and in September 1988, the Agency terminated the fee waiver program. Congress took a direct interest in this matter and used the FY 1989 and 1990 Appropriations Acts to prohibit fee waivers.
Contract Maintenance . From 1985 through 1989, BLM maintained excess wild horses and burros in contract facilities. Initially three contracts were awarded for a 1-year period, with options for 2 additional years. The three facilities were located in Bloomfield, Nebraska, Lovelock, Nevada, and Muleshoe, Texas. The options were exercised in FY's 1986 and 1987. In FY 1988, two 1-year con- tracts for v^Id horse and burro maintenance Burros are usually captured by roping, rather than driving them to a facilities awarded, with the successful were trap. (Photo by ]oan W. GoTvan) bidders being the operators of the facilities at Bloomfield and Lovelock. In 1989, with fewer private land and operated under cooperative animals remaining unadopted, only one facility agreements between private entities and the was needed. As with previous maintenance Federal Government. (In one case, a State agency contracts, the facility was procured through a is also a party to the agreement.) The agreements competitive process, with the award going to call for Federal funding for 3 years, after which the Bloomfield. This last contract for feedlot-style sanctuaries are expected to be financially self- maintenance was being phased out at the end of sufficient. During the first 3 years of operation, FY 1989. the sanctuaries are to develop fundraising cam- paigns to provide the necessary support. The maintenance contracts were a cost-effective
means for holding animals pending adoption The genesis of the sanctuary concept dates to 1986 under the regular or fee waiver adoption program. when the Wild Horse and Burro Advisory Board With termination of the fee waiver program, recommended privately funded sanctuaries as an another means was needed for dealing with alternative to long-term maintenance of unadopted animals. unadopted wild horses in feedlots at Government expense. It was felt that a more natural setting for
Sanctuaries . Instead of being maintained in the animals would be seen as more humane by the corrals until adopted through fee waivers, un- public and that private funding would relieve the adoptable wild horses are now placed on pasture Government of an unnecessary expense. in sanctuaries. Two sanctuaries are located on The Board's recommendation generated consider- able interest, but no one was able to develop a proposal for a sanctuary independent of Govern- ment funding. Eventually, Congress recognized the need for some Federal support to make the concept a reality. In 1988, a pilot sanctuary was established when BLM entered into a coof)erative agreement with the State of South Dakota, the South Dakota Community Foundation, and the Institute of Range and the American Mustang. The South Dakota sanctuary consists of two sites, one in the Black Hills and one southwest of St. Francis, near the Nebraska border. Total capacity of the two South Dakota sites is about 2,000 head.
Inmate at Colorado's Canon City correctional facility gains a wild horse's confidence as part of the prison training program. In FY 1989, Congress directed BLM to establish a second sanctuary and to develop sanctuary guidelines. These guidelines, which apply to all federally funded sanctuaries, were sent to Con- gress in January 1989. The guidelines formed the basis of the statement of work for the cooperative agreement for the second sanctuary, which was chosen in September 1989 through a competitive process. Important factors in selection of the proposal for a sanctuary in Bartlesville, Oklahoma, were the quality grassland habitat, abundant waters, temperate climate, good facilities, capabil- ity of becoming financially self-sufficient, and experience of the operators.
The BLM provides quarterly reports on sanctuary operations to the appropriate congressional com- mittees.
While the sanctuary concept has merit for provid-
ing care for unadoptable animals, it is not a long- term answer to the problem of unadoptable animals. Finding sufficient private funding for an ever increasing number of sanctuaries is not considered to be feasible.
10 Chapter III Protection
Protection On the Range pleaded guilty in May 1989 to charges of killing two wild burros. The animals were killed in
The first and most basic requirement of the Act is October 1988 near Basin Well in the Black Moun- to protect wild horses and burros on the public tains approximately 20 miles northwest of lands and to prevent them from "disappearing Kingman, Arizona. The men were fined $100 and from the American scene." By placing these sentenced to 6 months probation by the U.S. animals under Federal protection, the Act succeed- District Magistrate. ed in allowing herds of free-roaming horses and burros to flourish. Federal penalties subject vio- In August 1989, ten Utah men entered guilty pleas lators of the Act or regulations issued pursuant to before a Las Vegas, Nevada, District Court in a the Act to "a fine of not more than $2,000, or im- case of illegal capture of 10 burros in the Gold prisonment for not more than one year, or both." Butte area of Clark County, Nevada. Three of the burros died; the others were placed in private care
For the most part, the law is effective in protecting through BLM's adoption program. A plea agree- the more than 46,000 free-roaming wild horses ment resulted in each man's receiving 6 months and burros. However, the vast expanse (nearly 42 probation, a $1,000 fine, and 120 hours of commu- million acres) of generally isolated land where nity service. A case is pending in which a man is these animals live makes it virtually impossible to accused of capture and removal of two horses near prevent determined lawbreakers from capturing, Vernal, Utah. In Montana, a single wild horse was harassing, or even destroying some wild horses found dead on the Pryor Mountain Range, appar- and burros. ently shot twice. Investigators rode the area, but found no other animals harmed. The person
In the late 1980's, for example, serious violations of responsible remains unknown. the Act occurred in remote areas of central Ne- vada. Beginning in August 1988, more than 600 A particularly shocking incident was the killing of wild horses were found dead in various parts of Warren, the burro mascot of BLM's Susanville Lander and Pershing Counties. New deaths were (California) District. In Southern California, 13 discovered as late as June 1989. Evidence indi- burros were shot in the California Desert District. cated that the deaths had occurred over a period No arrests have been made in either case. of 2 years. These violations of the Act are indeed discourag- The BLM conducted a vigorous investigation of ing; yet by and large, the protection conveyed by these crimes. In conjunction with its investigation, the Act serves the animals well. Most wild horses BLM offered a reward of $5,000 for information and burros roam the range safe from human leading to the arrest and conviction of the perpe- harassment, capture, or killing. It should also be trators. Other organizations pledged rewards noted that the mass killings in Nevada were an also, for a total of $18,000. aberration; no comparable incident has occurred in the 18 years of Federal protection.
In February 1989, five individuals were charged in the deaths of 42 wild horses in Pershing County. In guidance issued in November 1988, the BLM A sixth individual was subsequently charged, stressed the importance of protection by requiring tried, and acquitted. Indictments against three of "periodic observation of wild horse and burro the original five defendants were dismissed by the herds to reduce the possibility of unauthorized judge, and the U.S. Attorney dropped the charges capture, branding, harassment, or destruction." against the other two. In both instances, the stated reason was lack of specificity in the indictments.
At the end of the period covered by this report, the investigation of the fNevada wild horse deaths re- mained open.
Other instances of illegal capture or destruction of free-roaming horses and burros occurred on public lands elsewhere. In Arizona, three men
11 Compliance and Enforcement - Adopted nine cases were referred to U.S. Attorneys in seven Animals States in FY's 1988 and 1989. Individuals accused of abuse of four wild horses were awaiting trial in ^^ Federal court in Mississippi at the end of the Protection of adopted animals begins with the pre- period covered by this report. The U.S. Attorneys adoption screening, which allows BLM to gauge deferred to the State for prosecution in two the applicant's ability to care for the requested instances. In the remaining six cases, the U.S. animals properly. After the adoption, personnel Attorneys declined to prosecute. Five of these and funding restraints allow BLM to make regular cases involved charges of sale of untitled adopted inspections only in situations where five or more wild horses; in the sixth, an individual was untitled animals are maintained at one location. accused of shooting an adopted wild horse. For these groups of animals, monthly inspections are required, or more often depending on factors One of the cases where the U.S. Attorney deferred such as weather, disease outbreaks, etc. For all to the State for prosecution occurred in Michigan, adopted animals, BLM investigates every com- where a badly neglected adopted burro died plaint of inhumane treatment, relying in many shortly after being repossessed by BLM in 1989. areas on local humane groups to provide informa- The maximum penalties for the offense are greater tion. under Michigan law than under Federal statutes. As in many cases, BLM worked closely with local Many adoption problems arise from lack of humane society and law enforcement officials in knowledge rather than from deliberate abuse or the effort to rescue the animal and bring the neglect, and in these cases BLM may simply adopter to justice. require the adopter to take corrective action. If the problems are resolved, the animal can remain with Enforcement actions in the Montana State Office, the adopter. When problems are not resolved or which is also responsible for adoptions in North when the wild horse or burro is in immediate Dakota and South Dakota, involved several danger, BLM repossesses the animal. hundred animals. In a major case, two North Dakota men were accused of mistreating and Often violations of the terms of the Private Mainte- starving 400 horses adopted under a fee waiver. nance and Care Agreement are handled by issuing When brought to trial, both defendants were citations, which carry a fine. In Arizona, for acquitted. A South Dakota resident who sold an example, 12 individuals were cited and fined for untitled horse was cited and fined, and four horses various violations of the agreements in FY's 1988 were confiscated. and 1989. This type of violation can range from not notifying BLM of a move to failing to trim the Another large-scale adoption, this one in Ne- animal's hooves. braska, resulted in BLM's repossessing 462 of 600 adopted horses, alleging that the adoption orga- Where circumstances warrant, violations of the nizers had sold untitled wild horses. The BLM adoption agreement are referred to the U.S. referred the case to the U.S. Attorney, who de- Attorney for prosecutive evaluation. In the East, clined to prosecute.
Four of the thousands of wild horses that have forsaken the West for good homes in the East through the Adopt-A-Horse Program. (Photo by Boh Ward)
12 A conviction was obtained in the case of a Califor- nia nnan charged with abandonment and abuse of two horses that starved to death. He was fined $1,000, given a 3-year suspended sentence, and required to perform 75 hours of community service. Also in California, BLM cited two people for inhumane treatment of two horses (two more are missing), and a court date was set. The case was unresolved at the end of FY 1989.
Overall, BLM carried out compliance inspections involving nearly 3,200 adopters and 10,300 ani- mals in FY 1988 and 1,800 adopters and 4,900 animals in FY 1989. With the 1988 termination of the large-scale fee waiver adoption program, the number of animals included in compliance inspections should drop significantly, as can be seen in the reduction from FY 1988 to FY 1989.
The FY 1989 Appropriations Act for Interior and Related Agencies directed the BLM to report on strengthened procedures for monitoring adopters of wild horses and burros. This report, which was sent to the appropriate congressional committees in January 1989, is included as Appendix F.
The BLM plans to explore ways to reach more qualified applicants and to educate adopters about proper care of adopted wild horses and burros.
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14 = Chapter IV - Funding and Expenditures
Funds for BLM's management of wild horses and components and initiation in a few offices of a pilot burros are derived from direct annual appropria- productivity project under which costs are not tions within the Management of Lands and charged to specific program components, the costs Resources account, and by funds from an indefi- for FY 1988 and FY 1989 are not always compa- nite appropriation derived from adoption receipts rable to the figures for FY 1987 and those pub- deposited to the Service Charges, Deposits, and lished in the Seventh Report to Congress. (Where Forfeitures account. Two BLM subactivities. Wild they existed, the pilot productivity projects pro- Horse and Burro Management and Adopt-A- moted innovative solutions to resource manage- Horse (or Burro), are funded from these appro- ment problems and involved less structured priations. Appropriations for BLM's Wild Horse reporting on the use of appropriated funds in a and Burro Management account and correspond- number of BLM programs, not just the wild horse ing FS appropriation levels for FY's 1988 and 1989 and burro program.) are shown below. Funding levels for the wild horse program since 1972 are provided in Appen- dix G. Expenditures by Fiscal Year (SOOO's) Appropriated Amount Fiscal Year FS BLM Program Component 1987 1988 1989 Program Management $1,784 $1,745 $2391 1988 $286,000 $14,774,000 Research 307 341 35 1989 181,000 14,560,000 Management Plans 239 178 244 Project Development 224 164 133 Inventory 156 114 180 The Adopt-A-Horse (or Burro) funds collected but Monitoring 684 633 820 not expended in one year may be carried over for Long-Term Maintenance use in the following year. Receipts and expendi- of Excess Animals 6,854 5,053 2,422 tures for FY's 1987, 1988, and 1989 are shown Removal of Excess below. (FY 1987 figures are shown for compari- Animals 1,898 1,238 1,115 son.) Adoption of Excess Animals* 5,778 4,875 4,726 Fiscal Years Compliance and Enforcement 200 286 391 1987 1988 1989 Pilot Productivity Project ** 1,703 1,940 (SOOO's) $18,124 $16,330 $14,897 Receipts $ 506 $ 608 $557
Expenditure!S 204 847 578 * Includes both Wild Horse and Burro Manage- ment and Adopt-A-Horse (or Burro) program costs.
The average fee collected for each animal adopted ** Pilot productivity project costs cannot accu- was $59 in FY 1988 and $106 in FY 1989, compared rately be placed in the categories outlined above. with $39 in FY 1987. This increase in average fees However, best estimates indicate that expenditures reflects the gradual reduction and, finally, the occurred in roughly the same proportion as overall termination of the fee waiver adoption program at program expenditures. the end of FY 1988. The FY 1989 receipts reflect the adoption of virtually all horses and burros at the normal fee of $125 and $75 respectively. The costs displayed above reflect some major changes in the program during FY 1988 and FY The BLM expenditures for Wild Horse and Burro 1989. Overall budgets declined as the cost of long-
Management for FY's 1988 and 1989 arc shown in term maintenance fell. This was largely due to the the table below, with FY 1987 figures included for fee waiver program providing a cost-effective comparison. Expenditures for the 2-year period method for placing animals being held in contract are also displayed in Figure 2. Because of some maintenance facilities. As a result of this program, changes in the description of a few program animals in these facilities declined from about
15 5,500 at the start of FY 1988 to less than 800 animals remaining by the end of FY 1989. The last contract maintenance facility was closed in early FY 1990. Beginning in FY 1990, the prison training
facilities are expected to fill the role of maintaining animals pending adoption.
To better substantiate the need for management changes, greater emphasis was placed on monitor- ing. This is reflected in increased expenditures for the Program Management, Inventory, and Monitor- ing program components.
Research costs were largely covered by expendi- tures in previous years. Costs are expected to remain at a low level through FY 1990 when the fertility control research project will essentially be completed.
A significant increase in average adoption costs per animal from about $400 to almost $800 occurred during this period as the fee waiver adoption program was terminated in late FY 1988. Part of this increase reflects the higher cost of the prison training program needed to enhance the adopt- ability of anin\als that previously were adopted directly under the fee waiver program. The in-
creasing cost of compliance is the result of conduct- ing more inspections during the past 2 years to assure that adopted animals are cared for properly. With the termination of the fee waiver program, more inspection trips are required to inspect fewer animals.
The sanctuary program, which was started in late FY 1988, to a large extent replaced the fee waiver program as an outlet for older, less desirable, or unadoptable animals. Under present policies, sanctuary expenditures will increase slightly dur- ing FY 1990 as the facilities are filled to capacity.
16 ^ Chapter V - Litigation
Four suits challenging some aspect of the Depart- The two suits filed during FY 1988 both arose from ment of the Interior's administration of the Wild a fee waiver adoption transaction. Pursuant to the Free-Roaming Horse and Burro Act were pending District Court ruling regarding withholding at the start of the period covered by this report, titles to horses where the adopter had expressed and two new suits were filed in 1988. an intent to use them for commercial purposes, BLM refused to title 600 adopted wild horses. The Two of the four pending suits had been filed by a refusal was based on statements made to the press Nevada family. These were resolved by a settle- by the adoption organizer. This individual, who ment agreed to by the parties involved. On held powers of attorney from 150 adopters, sued
October 1, 1987, a memorandum of understand- the BLM Director for the feeding and care of the ing was signed by all parties, who agreed to take adopted horses, plus transportation expenses and the necessary legal steps to effect a stipulated an award for pain and anguish. A few months settlement. These suits dealt with two issues: earlier, an individual who had maintained the 600 removal of all wild horses from plaintiffs' private horses on behalf of the adoption organizer sued property and reduction in the number of wild both the organizer and the Secretary of the Interior horses maintained on areas of the public land for for his costs in caring for the animals. The plain- which the family has grazing permits. tiffs did not prevail in either lawsuit.
In the third suit, the U.S. Department of Justice, on Appendix G contains more detailed summaries of behalf of the Department of the Interior, appealed the six cases referred to in this section. the 1987 ruling in a case concerned with large- scale fee waiver adoptions. The decision appealed had enjoined the Secretary of the Interior from transferring titles to adopters who have "ex- pressed to the Secretary an intent, upon the granting of title, to use said animals for commer- cial purposes." The case was appealed to the Ninth Circuit Court of Appeals, which on October 31, 1988, affirmed the Nevada District Court's grant of summary judgment in favor of the plaintiffs, the Animal Protection Institute of America, Inc., and the Fund for Animals, Inc. The fee waiver pro- gram had already been terminated in September 1988, a fact that contributed to the Department of the Interior decision not to seek Supreme Court review.
The last case pending at the beginning of FY 1988 concerned issues of water rights and range im- provement modifications on public lands in Nevada. The BLM had canceled permits for wells modified by the plaintiffs without seeking BLM authorization. An administrative law judge reversed the decision; BLM then appealed the reversal to the Interior Board of Land Appeals (IBLA). The IBLA ruled in BLM's favor, leading the plaintiffs to seek judicial review in the U.S. District Court in Nevada. This case remained open throughout the period covered by this report.*
*A decision for the plaintiffs was issued early in FY 1990. The Justice Department filed a protective notice of appeal on behalf of the Department of the Interior in January 1990.
17 =. Chapter VI - State by State
BLM STATE OFFICES California
HIGHLIGHTS
HIGHLIGHTS Good coordination with the American Mustang
1 PROBLEMS and Burro Association and many volunteer hours CHALLENGES for temporary adoptions. FOR THE NINETIES Continued close coordination with the Whole Horse Institute and the Animal Protection Insti- tute. Representatives of both groups gave presen- Arizona tations at California BLM's annual meeting.
Two BLM volunteers continued to win awards at HIGHLIGHTS equine events in California with their adopted wild horses. Cooperative Management Agreement with International Society for the Protection of Mus- Horse training demonstrations during temporary tangs and Burros (ISPMB) to assist Phoenix adoptions were well received. District conduct compliance inspections and assist during temporary adoptions. Live radio remotes at temporary adoptions proved to be a successful advertising tool. The Wild Horse and Burro Specialist in the Kingman Resource Area received the first annual BLM riders, including the State Director, partici- Special Recognition Award from ISPMB. pated in two parades.
Efforts continue with the town of Oatman, Ari- California BLM again received a gold ribbon at the zona, to manage a herd of pinto burros in that State Fair for its wild horse and burro display, area. which has been seen by over 300,000 people.
Susanville District promoted a contest for the PROBLEMS public to name a new baby burro mascot.
Disagreement with Lake Mead National Recre- Foster care for returned adopted horses has been ation Area regarding the protection of wild burros successful. that roam between public lands and National Recreation Area lands. The BLM states wild Susanville District wild horse populations are at burros are protected by the Act. National Park management levels. Service states their regulations authorize them to manage (eliminate) burros that occur on National Susanville District adopted a selective removal Recreatio Area lands. policy formulated by the Modoc-Washoe Experi- mental Stewardship Steering Committee. CHALLENGES The horse training program at the California Correctional Center has been very successful. Public education and awareness of the wild horse burro program. This includes not only and The public—including public land users—is con- adoptions, but also that these animals have a tinuing to better accept and support the wild horse place on the range, should not be considered pests, and burro program in the State. are federally protected, and cannot be harassed or
destroyed. Excellent cooperation has been experienced with Death Valley National Monument, China Lake
18 Naval Weapons Center, Edwards Air Force Base, of 25 members. Group members maintain range and Disneyland. improvements, help inventory and monitor the herd, and assist with roundups, processing, and Barstow, California, is home to the first Marine adoption. For example, the group maintained two Corps Mounted Color Guard wild horse unit. springs, both of which are critical watering areas to the Little Bookcliffs herd.
PROBLEMS The prison training program at Canon City continued to attract positive interest. There was a shortage of adoptable horses to meet the demand. Consequently, several proposed temporary adoptions were canceled. PROBLEMS
Funding cycle does not facilitate purchasing hay Drought west of the Continental Divide. Plans for holding facilities when the price is lower have been developed for emergency removals of earlier in the season. horses.
Overall workload limits ability to provide ad- equate post-adoption compliance. CHALLENGES
Liver ailment problems in burros occurred in the Continue to develop new ways to improve the California Desert, leading to deaths of seven adoptability of wild horses. animals. Continue cooperation with existing and new Prolonged drought in the Northern Mojave Desert volunteer groups wishing to participate in the is threatening habitat conditions for several bands wild horse and burro program. of wild horses. Increase effectiveness and efficiency of manage- ment. CHALLENGES
Developing new promotional ideas to sell the adoption program.
Will adoption program continue to be worthwhile news for free publicity?
As California populations of titled and untitled horses grow, more training and coordination are needed with local county humane officers, including freeze brand interpretations.
Reduce or eliminate the number of horses to go to sanctuaries.
To be able to fund enough temporary adoptions and supply enough horses to meet adoption demand in the State.
Burros are in demand as guard animals to protect sheep herds from predators. Colorado
HIGHLIGHTS
A cooperative agreement was signed with Friends of the Mustangs, a Grand Junction group
19 PROBLEMS Eastern States
The reduced number of animals available for temporary adoption events resulted in cancella- HIGHLIGHTS tion of several temporary adoptions and offering fewer animals at other events. A cooperative agreement was signed in 1989 with North Wind Undersea Institute to work with the Institute's Equine Heritage Conservancy. This CHALLENGES New York program presents equine educational opportunities to inner city youths. North Wind To improve compliance with the establishment of will adopt horses from Oregon to form a draft Memorandums of Understanding in States and team, which will be seen at the Institute's museum counties that have humane law enforcement and will also travel about to promote the adoption capabilities. program. In addition. North Wind will produce a videotape of the process from capture to pulling To increase the areas where wild horses can be wagons. adopted by using fairgrounds instead of stock- yards. A grant was awarded to Central State University in Ohio, a historically black university, to develop a marketing study of adopters in the Midwest and to produce radio and television spots highlighting successful adopters.
The Jackson District had extensive cooperation with Free Spirit, a Florida group formed out of love for wild horses and burros, in a very success- ful adoption in Kissimmee, Horida. The Alabama Chapter of the American Mustang and Burro Association helped considerably with the Mont- gomery, Alabama, adoption.
The Jackson District developed the infrastructure for a self-contained Adopt-A-Horse office for an U-State area. Mailing lists for more than 15,000 publicity outlets were developed wholly within the District. A series of changes, some as simple as installing a telephone answering machine or changing the selecting order at adoptions, have improved public service. TTiis adopted wild horse found greener pastures in Alabama.
A new method for determining the first day selection order was tried at the Mt. Airy, North Carolina, adoption. Applicants' names were placed on a District Office list as they were screened and approved for the Mt. Airy adoption. Idaho At the adoption, the list was used for roll call, with the first applicant present given first pick, and so on to the end of the list. This method was HIGHLIGHTS used successfully at three subsequent adoption events. avoids causing dissatis- The new method Booth and exhibition of two wild horses at the faction individuals have waited among who Idaho Horse Council's Horse Expo 88. At Horse months for the event and made costly improve- Expo 89, BLM again had a booth and exhibited ments to their facilities, only to draw a high both a burro and two horses. In 1989, Boise number. District exhibited an adopted wild horse at Western Idaho Fair, and Idaho Falls District displayed horse information at Eastern Idaho Fair.
20 An adopter and her wild horse continued to Sheep growers in the area report great success attract favorable publicity for the program with with the use of burros for predator control with their winning ways. Naomi Tyler adopted a lame the sheep herds. Montana and South Dakota 2-year old mare from Idaho's Owyhee Mountains hosted their first ever burro adoptions. Some in 1982 and turned her into a champion in the adopters had been waiting for 5 years for a burro most rugged horse competition around—endur- adoption event in their area. ance riding. Tyler and her horse. Mustang Lady, have logged more than 2,800 miles in endurance The last fee-waivered horses were titled in Sep- racing. tember 1989. They are being used for breeding purposes. Tyler describes wild horses as "savvy" with an "extra sense about survival." Endurance races are dominated by Arabians, many of them expensive, PROBLEMS well-trained animals. Tyler has seen her share of raised eyebrows with her wild horse at these Although the drought in Montana has eased, it is races, but Mustang Lady quickly quiets the still severe in North and South Dakota. skeptics. Mustang Lady and her owner are a common sight at adoptions and other wild horse South Dakota sanctuary started to run short of events in Idaho. In addition to Mustang Lady, feed due to the drought, but steps were taken to Tyler has adopted two more wild horses and alleviate the situation. encourages others to adopt mustangs. The depressed farm economy has made horse adoptions almost impossible. PROBLEMS There are not enough burros available to meet the In FY 1988, seven horses broke through emergency adoption demand by people who want to use fire rehabilitation fence to graze on seeded vegeta- them to protect sheep from predators. tion. No water was within fenced area and seven animals died before the group was discovered - four other animals survived. Gates were removed CHALLENGES so animals could freely enter and leave through balance of year. Get the South Dakota sanctuary on a self-sustain- ing basis.
CHALLENGES Meet the demand for burros as predator control- lers. Need centralized location to hold adoptable excess animals and make up temporary adoption event loads for Eastern States. Will not be cost effective Nevada for States with small numbers of unadopted wild horses to care for animals for 4 months or longer.
HIGHLIGHTS
Montana Second annual wild horse and burro adoption with title presentation ceremony in Las Vegas.
HIGHLIGHTS Successful prosecution of perpetrators of unautho- rized burro removal from Gold Butte Herd South Dakota sanctuary has been very successful. Management Area, Las Vegas District. More than 1,600 unadoptable excess horses are living a life of ease on the South Dakota Sanctuary. The manager of Nevada's Palomino Valley corrals trained three palomino wild horses for placement Five Kiger mustangs from Oregon released on with the Marine Corps Mounted Color Guard unit Pryor Range to expand the gene pool. in Barstow, California. The unit performs in a variety of parades and ceremonies.
21 PROBLEMS Company, the sanctuary will provide a final home for unadoptable wild horses removed from Two removals of animals to resolve drought overcrowded rangeland. problems: Ely District in FY 1988 and Las Vegas
District in FY 1989. Secretary of the Interior Manuel Lujan, Jr., toured the Wild Horse/Inmate Training Facility at Las The unsolved killing of more than 600 wild horses Cruces, along with State representatives. The tour in isolated portions of the State is a continuing provided the Secretary a view of the wild horse concern. training program and the benefits to wild horses, inmates, and the program in general. Problems related to fertility control research caused concern among staff and public. Contract The Wild Horse/ Inmate Facility at Santa Fe had was modified to avoid further problems. all of the corrals and pens completed for horse training by the end of August 1989, making the facility ready to accept a rotating population of up to 500 horses. CHALLENGES Inmate trainers from Los Lunas and Santa Fe Implementation of June 7, 1989, ruling from IBLA showed the horses that they trained in the wild relating to API appeal. horse gentling and halter training program at the New Mexico State Fair. The event was sponsored Implementation of positive program initiative. by BLM, with the horses judged in a halter class. Prizes were awarded to the best trained, with all receiving approval by the fairgoers.
PROBLEMS
The Wild Horse/Inmate Training Facility at Los Lunas had a partial flood in summer 1989, when the main irrigation ditch broke. The surge of water brought down most of the exterior adobe wall surrounding the training pens. Fortunately, no horses were injured, and the program was only temporarily slowed by the damage.
The inability of BLM to manage the flow of horses from rangelands through the various placement Naomi Tyler and her adopted wild horse, Mustang Lady, are outstand- ing performers in endurance racing. (Photo by Don Smurthwite). programs has made operation of temporary adoptions and horse training difficult to manage effectively. Control of the horses after they leave New Mexico their home on BLM lands is left to a host of separate interests within each State in BLM. Without a dispatch control position that can HIGHLIGHTS regulate the movement of horses from capture to adoption, there will continue to be problems in effectively managing the Adopt-A-Horse Pro- The ELM adoption center at Lindsay, Oklahoma, gram. had its grand opening on September 16, 1989. The facility will provide an adoption site within the Great Plains States. The facility will not only be CHALLENGES used as an adoption site, but also a haven for horses being reassigned and a distribution site and Advertising and managing the wild horse and staging area for temporary adoption events. burro program as an asset to the public is the greatest challenge. This program has great The second wild horse sanctuary was selected at potential as a way to inform the American public the close of the fiscal year near Bartlesville, east of the Mississippi of BLM and its roles. The Oklahoma. Operated by the Tadpole Cattle
22 wild horse and burro should become our "Smokey PROBLEMS the Bear," a symbol of sound management of the public domain. Twelve horses in the Lakeview District died in FY 1988 when they moved outside their herd area into a pasture that had no water and did not find their way back to the herd area.
CHALLENGES
Hold a lottery for increasingly popular Kiger mustangs in Bums District.
Work with North Wind Museum to establish an 8- horse hitch of draft horses from the Stinking Water Herd Management Area.
Make every effort to establish the Wild Horse and Burro Program as the BLM's "White Hat Program."
Bums District plans to work with Harney County A palomino named Okinawa was the first of three wild horses to join a Fair Board in presenting an event involving wild color guard unit and appear in many events, such as the Marine Corps horses at the County Fair. Rose Bowl parade.
Oregon
HIGHLIGHTS
Bums District received a Unit Award for excel- lence of service from the Secretary of the Interior for their work in the Wild Horse and Burro Program.
Appropriate management levels for wild horses were reached in Oregon in FY 1989.
The Kiger mustang viewing area was dedicated.
The accomplishments ofChiquita, a wild burro from the Black Moun- Bums District provided a booth at the Oregon tains of Arizona, include controlling predators, halter breaking wean- Horse-A-Fair. ling colts, promoting the adoption program in parades, and producing the young jenny at her side. (Photo by William Crockford)
Bums District worked with Pacific Wild Horse Club in providing a booth at the Western Oregon Expo in FY 1989.
Oregon BLM featured a Kiger mustang trained by Utah Bums District at the Oregon State Fair. More than 35,000 people viewed the horse. HIGHLIGHTS The American Mustang and Burro Association and Oregon/ Washington BLM held a very Management actions have been taken in five herd successful horse show /adoption effort in Yakima, areas to increase more desirable colors within the Washington, during FY 1989. herd.
23 PROBLEMS Because gathering operations have been on hold in Wyoming since summer 1989 pending completion Drought impacted forage resources throughout of environmental assessments for herd manage- the State. Fortunately, all herd areas had water ment areas in the State, Wyoming's gathering crew through the summer. has been able to assist the States of Idaho, Colo- rado, and Nevada successfully in their wild horse The BLM in Utah has some problems with wild operations during this time. horses on private lands and burros on National Recreation Area lands. PROBLEMS The wild horses in the Hill Creek herd in the Vernal District spend some time on Department of With the IBLA decision, monitoring data are Energy (DOE) and Ute tribal lands. The land required to substantiate a need to remove excess status is creating problems with the overall horses. Funding and personnel to accomplish this management of the herd. The District is trying to task are insufficient. Horse populations continue get a Cooperative Management Agreement with to increase. the Ute Tribe, but to date they are not interested. The DOE does not recognize wild horses on their lands, but does provide funds to the District for CHALLENGES livestock management. These horses may be declared nonwild horses and be removed as Compliance with the IBLA Decision. The BLM trespass animals. needs to meet the challenge of maintaining a thriving natural ecological balance in our wild horse herds on both public and checkerboard CHALLENGES lands, with the consent of the public and the cooperation of the private landowners. To keep all herds at healthy breeding populations. Maintenance of Range Improvements. It is To get a Cooperative Management Agreement difficult to manage horses within herd manage- with the Ute Tribe on the Hill Creek herd. ment areas that have deteriorating range improve- ments, such as boundary fences, reservoirs, and springs. We need a sharing of resources through- Wx/oming out the BLM to maximize available dollars for maintenance.
HIGHLIGHTS Outreach. The BLM needs to build public support and understanding for the wild horse program. One way to do this is to develop an interpretive The prison program is the top success story for site in wild horse areas to tell the story of the wild Wyoming for 1989. Although one of the smaller horse and BLM's management efforts. Another programs, it is also one of the most successful and outreach suggestion is a statewide signing pro- has resulted in much favorable publicity for the gram to inform the public about wild horses. wild horse program. This is beneficial to both Wyoming's adoption program and also bureauwide. The wild horse Two of the prison saddle-broke horses were program attracts interest raffled off by local 4-H clubs at the Wyoming Tvorldwide as Winter Fair and the Carbon County Fair. While demonstrated by the fees for adoption were reduced, the winners this visit to had to meet BLM adoption regulations. Wyoming by a Japanese television crew. Cheyenne 6th graders were honored for poems published in Mustang magazine.
A cooperative agreement with the FS Bridger- Teton National Forest for pack and saddle horses from the Wyoming Honor Farm.
24 = Chapter VII - A New Decade
Two basic issues continue to challenge the Secre- taries in administering the Wild Free-Roaming Horse and Burro Act: (1) how to determine and achieve appropriate management levels for free - roaming wild horses and burros and (2) how to place all healthy excess animals in appropriate private care.
The determination of the existence of excess animals on individual herd areas will in the future be directly linked to the need to "preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area," as the Act prescribes. A BLM priority is the development and implementation of policy and guidance for determining that excess animals exist on an area and must be removed. Moreover, the BLM will give full consideration to management techniques that could lessen the problem of placement of excess v^ild horses and burros once they have been removed from the public lands.
Management approaches to be explored by BLM include fertility control and selective removals. If research indicates that safe and effective methods are available, fertility control could curb the rate of population growth, thus reducing the number of removals necessary each year. Selective removals of only adoptable animals could eliminate the need for additional sanctuaries. As these ap- proaches are explored, the BLM will pay close attention to the effect they have on herd structure and population dynamics.
The Secretaries look forward to a fresh perspective on the program with the reestablishment of the Wild Horse and Burro Advisory Board. Congress called for this oversight body in language accom- panying the FY 1990 Appropriations Act. A charter was approved in May 1990, with the first meeting of the Board tentatively planned for fall 1990. With the advice of the Board and new management techniques, the administration of the program may well become more effective and less controversial in the 1990's.
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Because the Federal Government remains responsible for the animal for at least 1 year, the BLM must also have a compliance and inspection program to assure humane care of adopted Report To Congress animals. However, the BLM's compliance actions are limited to the period prior to the issuance of January 1989 title. The adopter is eligible to receive title to the adopted wild horse or burro after caring for the STRENGTHENED COMPLIANCE animal humanely for 1 year. Once title has been PROCEDURES IN THE BUREAU OF LAND conveyed to the adopter, the animal loses its status MANAGEMENTS WILD HORSE AND BURRO as a wild horse or burro, and the BLM has no ADOPTION PROGRAM further responsibility for the animal. To make the most effective use of funds and Assuring that adopted wild horses and burros personnel available for compliance work, BLM's receive proper care has been a major objective of inspection requirements depend on the number of the Bureau of Land Management (BLM) since the animals being maintained in one location. Until start of the adoption program in 1973. Policies recently, if fewer than 25 untitled wild horses or and procedures to meet this objective have burros were maintained in one place, onsite evolved over the ensuing 15 years. Our activities inspections were required only in response to to assure humane care of adopted animals focus reports of inhumane treatment. When 25 or more on two areas: (1) screening and education of wild horses or burros were maintained at one prospective adopters to insure that they are location, a minimum of one on-the-ground inspec- capable of caring for a wild horse or burro and (2) tion during the year was mandatory in addition to enforcement of laws and regulations related to a final inspection prior to titling the animals. humane care after animals are adopted. In the last few years, most situations involving 25 The pre-adoption screening and education process or more animals at one location were fee waiver is the most effective method of assuring animals adoptions. Since 1984, the BLM Director has had receive proper care. Every applicant is inter- the authority to reduce or waive adoption fees for viewed in person or by telephone to ascertain that wild horses or burros not adoptable at the regular the prospective adopter has the physical and fee. This change in the regulations was prompted financial capability to care for the animal as well by the accumulation of unadoptable older or as the knowledge to handle and train the animal. otherwise less desirable animals (mainly horses) in (In some cases, applicants who lack the expertise BLM facilities. From 1984 to September 1988 to train a wild horse arrange for the services of a when the fee-waiver program was terminated, more knowledgeable person as a trainer.) The about 20,000 wild horses were adopted by about screening interview also provides an opportunity 5,000 individuals and organizations. The majority for the adopter to ask questions about the process of these animals were cared for by a third party in for selecting, transporting, and caring for a wild groups of 100 or more animals. horse or burro. With three significant exceptions, the compliance For adoptions where there will be more than 24 inspection policy has worked well in preventing untitled wild horses or burros at a single location, deaths due to improper care by the caretaker in the screening process has for several years in- large-scale adoptions. Of these three cases, only volved both an in-person interview and an on-the- one was directly related to an inadequate compli- ground inspection of the property and facilities ance inspection process. By far the majority of the prior to approval of the adoption. New proce- animals placed under this program have received dures effective in January 1989 will extend this excellent care as evidenced by the animals' condi- more stringent screening requirement to circum- tion during the titling inspection. Overall, the rate stances where 5 or more untitled animals will be of noncompliance in the fee waiver program has maintained at one site. been somewhat less than that experienced under the full fee adoption program. Nonetheless, when In spite of the screening process, not every adopter inadequate care is provided for a large number of 42 animals maintained in the same location, the This training is expected to reduce the type of magnitude of the damage is much greater than in mistreatment or neglect resulting from an individual adoptions. adopter's inability to approach or handle the animal. In combination with the pre-adoption As a result of the compliance problems in the fee screening process, these changes will result in waiver program, the three BLM State Offices better care for adopted wild horses and burros. involved issued new guidance in 1988 requiring at least one inspection every 3 months with additional visits when weather or forage condi- tions warrant. In addition, BLM has reviewed the entire compliance program with emphasis on situations where problems have been encountered. As a result, we have instituted procedures that require increased compliance inspections for adoptions where more than 5 animals are main- tained in the same location. The new compliance policy, contained in BLM's new Wild Horse and Burro Manual, will go into effect in January 1989. The policy states: "The Authorized Officer or an individual approved by the Authorized Officer shall inspect the animals at least monthly or whenever there is a report of inhumane treatment. In addition, inspections shall be made as often as necessary to assure the animals are receiving adequate care during periods when weather conditions may adversely affect the animals' feed or water or the adequacy of shelter, or when there is an outbreak of disease." Recognizing funding and personnel limitations, our policy for BLM inspections where there are fewer than 5 animals in a single location will remain unchanged. However, we encourage individual BLM State Offices to develop agree- ments with local humane groups to provide volunteers to inspect wild horses or burros where funding is lacking. In Arizona, this effort has resulted in an agreement with the International Society for the Protection of Mustangs and Burros to inspect all of the adopted wild horses and burros in that State to assure humane care is being provided and to aid the adopter where problems are encountered. We will continue our efforts to expand this type of program to additional States to be certain that adopted animals receive adequate care. As noted above, the fee waiver program was terminated at the start of FY 1989. Once the re- maining animals adopted under this program have been titled, the number of locations where animals are maintained in groups and the number of mandatory inspections will be greatly reduced. Also, an increasing number of wild horses are being partially gentled by prison inmates in four State prison training programs prior to adoption. 43 — Appendix G WILD HORSE AND BURRO PROGRAM APPROPRIATIONS - 1972-1989 Appropriated Amount Forest Bureau of Fiscal Year Service Land Management 1972 i 1973 400,000 1974 687,000 1975 1,314,000 1976 1,272,000 1977 2,679,000 1978 4,025,000 1979 $435,000 4,250,000 1980 450,000 4,582,000 1981 400,000 5,704,000 1982 310,000 5,418,000 1983 570,000 4,877,000 1984 293,000 5,766,000 1985 175,000 17,039,000 1986 262,000 16,234,000 1987 280,000 17,936,000 1988 286,000 14,774,000 1989 181,000 14,560,000 WILD HORSE AND BURRO PROGRAM APPROPRIATIONS FUNDING HISTORY - 1972 TO 1989 Million : $20 $20 1 I 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 Fiscal Year Forest Service ||1 Bureau of Land Management 44 Appendix H LITIGATION SUMMARIES the area could not be allowed to exceed the level existing in 1971. The lawsuit was closely related The following sununaries give the status of wild to the previous case of Fallini v. Watt. horse and burro litigation in FY's 1988 and 1989. Status: The BLM filed an answer to plaintiffs' RESOLVED amended complaint. The parties entered into a stipulation extending discovery until March 19, 1. Fallini v. Watt, Civil No. 81-536-RDF (D. Nev., 1985. Trial was set for September 1985, but a filed August 1981). change of venue to Reno was subsequently granted, and a new judge (Bruce Thompson) was Issue: The plaintiff requested the court to require assigned. In a bench ruling dated November 28, BLM to remove all wild horses from his private 1986, Judge Thompson decided in the plaintiffs' property and to prevent the animals from straying favor, ordering the BLM Nevada State Director to on the subject lands in the future. Plaintiff had determine an optimum number of wild horses to asserted identical facts in an earlier case which be managed within the historical wild horse use was eventually dismissed. area and to remove all wild horses in excess of that number before March 1, 1987. Status: On October 4, 1984, the court decided in favor of the plaintiff, ruling that the BLM has a The Nevada State Director determined that the duty under the act to remove wild horses from appropriate management level for the herd area private lands upon request of the landowner and described by the court is 145 to 165 animals, and to prevent their return. Based on this decision, an filed this number with the court on December 1, order was issued on November 20, 1984, enjoining 1986. Removal of the excess animals was begun in the BLM "from suffering or permitting the pres- January 1987 and completed in February. ence of wild free-roaming horses and burros to hereafter be u|X)n plaintiffs land." The govern- On January 26, 1987, the Department of Justice ment filed a notice of appeal in January 1985. filed a notice of appeal on behalf of the Depart- Arguments were heard before the Ninth Circuit ment of the Interior. Meanwhile, representatives of Court of Appeals in October 1985. the BLM and the plaintiffs worked towards a negotiated settlement of the issues in this suit and In February 1986, the Ninth Circuit decided in the previous Fallini action. On October 1, 1987, a favor of the government that there is no ministe- memorandum of understanding was signed by all rial duty to keep wild horses from straying onto parties, who agreed to initiate the legal steps to private lands once they have been removed. effect a stipulated settlement. However, the case was remanded to the trial judge for his determination of a reasonable time frame in which the government must remove 3. Animal Protection Institute of America, Inc., and the animals from private lands upon request. Fund for Animals, Inc., v . Hodel, et al. CV-R-85-365- HDM (D.Nev., filed July 1985; amended Septem- On October 1, 1987, a memorandum of under- ber 1985). standing was signed by all parties, who agreed to initiate the legal steps to effect a stipulated settle- Issue: The original suit, filed by the Animal ment. Protection Institute on July 16, 1985, named as defendants, in addition to the Secretary and BLM Director, various BLM officials in Nevada; and 2. Fallini, et al. v. Clark, et al, Civil No. CV-LV-84- was limited in scope to conditions and practices at 040-HEC (D. Nev., filed January 1984). the wild horse maintenance facilities there. The suit alleged that BLM 's roundup, possession, and Issue: The plaintiffs sought to set aside the BLM's transportation of excess wild horses and burros land use planning decision for n\anaging wild are cruel and inhumane. The suit contended that horses on the Reveille Allotment in Nevada. The the BLM had exacerbated the inhumane condi- complaint alleged that BLM, through inaction, was tions by deliberately discouraging the adoption of allowing wild horses to overpopulate the public these animals by individuals, by failing to provide lands resulting in "ecological imbalance." Plaintiffs adequate veterinary care, and by overcrowding further alleged that the number of wild horses in the facilities. 45 Status: The lawsuit was amended on September 4. M. £, Eddleman and Jimmie hue Eddleman v. Robert 12, 1985, to add the Fund for Animals as a plaintiff Burford. CV 88-276-BLG-JFB (D. MT., filed and the BLM State Directors of Wyoming and November 21, 1988). Montana as defendants. An answer was filed to the amended complaint. Issue: Plaintiffs demand a jury trial in regard to their request for the following: In July 1986, the court denied a motion for exten- sion of discovery by the plaintiffs, and directed the $1,117,350 (plus interest) for the feeding and care parties to negotiate a settlement. In August 1986 of 613 adopted wild horses from November 10, an agreement was reached on all points except for 1986, to April 15, 1988. the large-scale adoption of horses under reduced or waived fee. In September 1986, plaintiffs filed a $163,055 (plus interest) for transportation ex- motion for summary judgment on this issue. On penses. October 10, 1986, defendants filled an opposition to plaintiffs' motion and a cross motion for sum- $1,150,000 for pain and anguish resulting from mary judgment. A week later, plaintiffs filed Defendant's (BLM's) negligence. "Reply Points and Authorities in Support of Plain- tiffs' Motion for Summary Judgment." On Novem- Plaintiffs allege that the BLM "was, or should have ber 13, defendants filed a reply memorandum on been, able to make a determination that Mr. cross motions for summary judgment in support Eddleman was not a qualified individual," accord- of the Secretary's interpretation of the law in ing to terms of an October 1986 District Court regard to an animal's loss of status as a wild horse (Nevada) ruling, because he had previously sold upon transfer of title and asked that it be upheld. 450 adopted wild horses after receiving title. Plaintiffs allege that if they had been made aware The District Court assigned the unresolved issue of the possibility that the second group adoption to a magistrate for review and recommendation. transaction might be handled any differently than On March 27, 1987, the magistrate filed her report the first, they would not have incurred the ex- and recommended that the plaintiffs' motion for penses cited above. (The BLM's determination summary judgment be denied and that the that title could not be transferred to Mr. Eddleman defendants' cross motion for summary judgment was based on statements made to the press by Mr. be granted. Plaintiffs filed an objection to the Eddleman during the adoption period.) recommendation on April 10, 1987. Defendants filed a response to the objection on April 17, 1987. Status: On November 21, 1988, plaintiffs filed a complaint in the U.S. District Court, Montana, On July 14, 1987, the U. S. District Court for requiring an answer by the defendants within 60 Nevada issued its decision. The BLM was en- days. In September 1989, the District Court joined from adopting animals or transferring titles granted the Government's Motion to Dismiss for to adopters who have expressed an intent to use lack of subject matter jurisdiction. the animals for commercial purposes upon receipt of title. The decision stated, however, that the BLM is not required to inquire about adopters' intentions prior to approving adoptions or con- PENDING veying titles or to reclaim animals whose titles had already passed to adopters. 1. Joe B. Fallini, Jr., Susan Fallini, and Helen Fallini v. Donald P. Model, Robert F. Burford, and Edward F. In response to a request by the Department of the Spang. CV-S-86-645-RDF (Filed July 1986). Interior, the Department of Justice filed a protec- tive notice of appeal. The case was appealed to In the spring of 1984, plaintiffs modified several the Ninth Circuit Court of Appeals, which on range improvements (wells), which had been October 31, 1988, affirmed the Nevada District authorized by range improvement permits in 1966, Court's grant of summary judgment in favor of the without seeking or obtaining authorization from plaintiffs. Defendants did not seek Supreme BLM. The modifications consisted of sections of Court review. highway guardrail installed across gates to the waters at a height that allowed cattle to pass but excluded wild horses. On May 3, 1984, the Battle Mountain District Manager issued a decision canceling the permits for the affected wells, citing 46 unauthorized modification of the improvements. The compensation sought by plaintiff is for the The permittee removed the guardrail from all the period of November 11, 1987, to April 15, 1988. improvements except Deep Well, and appealed The BLM agreed to assume the costs associated the decision as it pertained to that project. On with caring for the horses beginning on or about September 27, 1984, an administrative law judge April 15, 1988, through a contractual arrangement reversed the District Manager's decision in a with the plaintiff. ruling from the bench, and extended the ruling to the other well projects that had not been included Status: On June 13, 1988, plaintiff submitted a in the appeal, directing the BLM to issue the memorandum in support of application for pre- required authorizations. The BLM appealed the liminary injunction and in opposition to motion to decision to the IBLA. On June 12, 1986, the IBLA disnniss. On June 14, 1988, Federal Judge James reversed the decision and remanded it to the BLM Battin denied the motion for an injunction, ruling for appropriate action. The plaintiffs initiated this that Federal law did not give him jurisdiction in complaint for judicial review on July 2, 1986. plaintiff's debt action against the Government. The law requires that the plaintiff submit his bill Status: No action was taken on this case during to the Court of Claims in Washington, D.C. Judge FY's 1988 and 1989.* Battin approved a BLM plan to remove the horses after paying the plaintiff an agreed amount for feeding since April 1988. The animals were 2. William Hein v. M. K. Eddleman, Donald Model, et gathered and shipped to South Dakota. al. CV 88-135-BLG-JFB (D. MT., filed June 1988). Issue: Plaintiff requested issuance of an order INACTIVE enjoining and restraining defendants from remov- ing wild horses from his ranch. The application 1. Bright-Molland Company et al. v. Watt, Civil No. for preliminary injunction and temporary restrain- R-82-153-BRT (D. Nev., filed April 1982). ing order was made on the grounds that plaintiff had an Agister's Lien on the horses for costs Issue: Plaintiffs sought a ruling requiring the BLM associated with the care and feeding of the ani- to remove wild free-roaming horses and burros mals from November 11, 1987, to April 15, 1988. from their private lands. They alleged the pres- ence of wild horses had caused permanent dam- Plaintiff owns and operates a ranch near Worden, age to their lands and asked for compensation in Montana. On November 11, 1987, at the request of the amount of $2,500,000, as well as a daily pay- M. E. Eddleman, he began to care for approxi- ment for each wild horse and burro remaining on mately 600 wild horses at his ranch. Eddleman their property. held power of attorney for adopters of these horses, which he could no longer care for ad- Plaintiffs filed a motion for summary judgment, equately on his property. arguing that there was no genuine issue of mate- rial fact, and they were entitled to judgment as a The Bureau of Land Management had notified matter of law since (1) defendants were under a Eddleman, on or about October 21, 1987, shortly mandatory duty to arrange for the removal of wild before the wild horses would have been eligible horses on plaintiffs' private property, and (2) the for titling, that title would be withheld because diminution in value to their property as a result of BLM had determined that Eddleman intended to the forage consumed by the wild horses was com- commercially exploit the horses. Withholding of pensable under the Fifth Amendment. title was consistent with the ruling of Judge Howard B. McKibben of the U.S. District Court for Defendants filed a motion in opposition to sum- Nevada in Animal Protection Institute of America, mary judgment, arguing in part that a genuine Inc., and the Fund for Anirrmls, Inc. v. Model et al. issue of material fact existed as to the presence of CV-R-85-365-HDM. wild horses on plaintiffs' property. Defendants also filed a motion to dismiss the compensation claim, arguing that the district court lacked subject matter jurisdiction over claims in excess of $10,000 •In November 1989, the U.S. District Court for Nevada set aside founded on a constitutional taking. Both parties concluded in the Interior Board of Land Appeals decision and filed new memorandums. part that "the BLM actions effected a regulatory taking of Fallinis' water rights at Deep Well contrary to the dictates of the constitution." 47 The district court denied plaintiffs' motion for summary judgment, holding that a genuine issue of material fact did exist as to the presence of wild horses on plaintiffs' property. The court also dismissed plaintiffs' claim for damages. Plaintiffs have yet to ask the court for a calendar date to hold a trial or evidentiary hearing on their claim for removal of the wild horses. The case has been placed in inactive status on the Court's docket. 48 •Cf U.S. GOVERNMENT PRINTING OFFICE: 1990 273-919/20711 o u u XI C CO o CTv 4-1 u o CO O 01 CO 6C BLM LIBRARY ^ SC-653, BLDG. 50 DENVER FEDERAL CENTER P. 0. BOX 25047 DEH)/ER, CO 60225-0047 > > > ^ > fa <: H Q O o Q Q o o Q o Q Q o o Q z < fa! 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