[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1333]
TITLE 16--CONSERVATION
CHAPTER 30--WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND CONTROL
Sec. 1333. Powers and duties of Secretary
(a) Jurisdiction; management; ranges; ecological balance objectives;
scientific recommendations; forage allocation adjustments
All wild free-roaming horses and burros are hereby declared to be
under the jurisdiction of the Secretary for the purpose of management
and protection in accordance with the provisions of this chapter. The
Secretary is authorized and directed to protect and manage wild free-
roaming horses and burros as components of the public lands, and he may
designate and maintain specific ranges on public lands as sanctuaries
for their protection and preservation, where the Secretary after
consultation with the wildlife agency of the State wherein any such
range is proposed and with the Advisory Board established in section
1337 of this title deems such action desirable. The Secretary shall
manage wild free-roaming horses and burros in a manner that is designed
to achieve and maintain a thriving natural ecological balance on the
public lands. He shall consider the recommendations of qualified
scientists in the field of biology and ecology, some of whom shall be
independent of both Federal and State agencies and may include members
of the Advisory Board established in section 1337 of this title. All
management activities shall be at the minimal feasible level and shall
be carried out in consultation with the wildlife agency of the State
wherein such lands are located in order to protect the natural
ecological balance of all wildlife species which inhabit such lands,
particularly endangered wildlife species. Any adjustments in forage
allocations on any such lands shall take into consideration the needs of
other wildlife species which inhabit such lands.
(b) Inventory and determinations; consultation; overpopulation; research
study: submittal to Congress
(1) The Secretary shall maintain a current inventory of wild free-
roaming horses and burros on given areas of the public lands. The
purpose of such inventory shall be to: make determinations as to whether
and where an overpopulation exists and whether action should be taken to
remove excess animals; determine appropriate management levels of wild
free-roaming horses and burros on these areas of the public lands; and
determine whether appropriate management levels should be achieved by
the removal or destruction of excess animals, or other options (such as
sterilization, or natural controls on population levels). In making such
determinations the Secretary shall consult with the United States Fish
and Wildlife Service, wildlife agencies of the State or States wherein
wild free-roaming horses and burros are located, such individuals
independent of Federal and State government as have been recommended by
the National Academy of Sciences, and such other individuals whom he
determines have scientific expertise and special knowledge of wild horse
and burro protection, wildlife management and animal husbandry as
related to rangeland management.
(2) Where the Secretary determines on the basis of (i) the current
inventory of lands within his jurisdiction; (ii) information contained
in any land use planning completed pursuant to section 1712 of title 43;
(iii) information contained in court ordered environmental impact
statements as defined in section 1902 of title 43; and (iv) such
additional information as becomes available to him from time to time,
including that information developed in the research study mandated by
this section, or in the absence of the information contained in (i-iv)
above on the basis of all information currently available to him, that
an overpopulation exists on a given area of the public lands and that
action is necessary to remove excess animals, he shall immediately
remove excess animals from the range so as to achieve appropriate
management levels. Such action shall be taken, in the following order
and priority, until all excess animals have been removed so as to
restore a thriving natural ecological balance to the range, and protect
the range from the deterioration associated with overpopulation:
(A) The Secretary shall order old, sick, or lame animals to be
destroyed in the most humane manner possible;
(B) The Secretary shall cause such number of additional excess
wild free-roaming horses and burros to be humanely captured and
removed for private maintenance and care for which he determines an
adoption demand exists by qualified individuals, and for which he
determines he can assure humane treatment and care (including proper
transportation, feeding, and handling): Provided, That, not more
than four animals may be adopted per year by any individual unless
the Secretary determines in writing that such individual is capable
of humanely caring for more than four animals, including the
transportation of such animals by the adopting party; and
(C) The Secretary shall cause additional excess wild free-
roaming horses and burros for which an adoption demand by qualified
individuals does not exist to be destroyed in the most humane and
cost efficient manner possible.
(3) For the purpose of furthering knowledge of wild horse and burro
population dynamics and their interrelationship with wildlife, forage
and water resources, and assisting him in making his determination as to
what constitutes excess animals, the Secretary shall contract for a
research study of such animals with such individuals independent of
Federal and State government as may be recommended by the National
Academy of Sciences for having scientific expertise and special
knowledge of wild horse and burro protection, wildlife management and
animal husbandry as related to rangeland management. The terms and
outline of such research study shall be determined by a research design
panel to be appointed by the President of the National Academy of
Sciences. Such study shall be completed and submitted by the Secretary
to the Senate and House of Representatives on or before January 1, 1983.
(c) Title of transferee to limited number of excess animals adopted for
requisite period
Where excess animals have been transferred to a qualified individual
for adoption and private maintenance pursuant to this chapter and the
Secretary determines that such individual has provided humane
conditions, treatment and care for such animal or animals for a period
of one year, the Secretary is authorized upon application by the
transferee to grant title to not more than four animals to the
transferee at the end of the one-year period.
(d) Loss of status as wild free-roaming horses and burros; exclusion
from coverage
Wild free-roaming horses and burros or their remains shall lose
their status as wild free-roaming horses or burros and shall no longer
be considered as falling within the purview of this chapter--
(1) upon passage of title pursuant to subsection (c) of this
section except for the limitation of subsection (c)(1) \1\ of this
section; or
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\1\ So in original. Probably should be subsection ``(c)''.
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(2) if they have been transferred for private maintenance or
adoption pursuant to this chapter and die of natural causes before
passage of title; or
(3) upon destruction by the Secretary or his designee pursuant
to subsection (b) of this section; or
(4) if they die of natural causes on the public lands or on
private lands where maintained thereon pursuant to section 1334 of
this title and disposal is authorized by the Secretary or his
designee; or
(5) upon destruction or death for purposes of or incident to the
program authorized in this section; Provided, That no wild free-
roaming horse or burro or its remains may be sold or transferred for
consideration for processing into commercial products.
(Pub. L. 92-195, Sec. 3, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95-514,
Sec. 14(a), Oct. 25, 1978, 92 Stat. 1808.)
References in Text
Section 1902 of title 43, referred to in subsec. (b)(2), was in the
original ``section 2 of the Public Range Lands Improvement Act of 1978''
(classified to 43 U.S.C. 1901) and was changed to reflect the probable
intent of Congress.
Amendments
1978--Subsec. (b). Pub. L. 95-514 substituted provisions for:
maintaining current inventory of wild free-roaming horses and burros;
listing the purpose of the inventory and determinations to be made in
consultation with persons of scientific expertise and special knowledge;
immediate removal of excess animals from the range on the basis of
information from various sources so as to achieve appropriate management
levels; order and priority of removal; and research study to be
reported to Congress for prior authorization of humane destruction
of old, sick, or lame animals and capture and removal of additional
excess animals for private maintenance under humane conditions and care,
now incorporated in subsec. (b)(2)(A) and (B).
Subsec. (c). Pub. L. 95-514 substituted provision for grant of title
to limited number of excess animals adopted for requisite period for
prior authorization of humane destruction of wild free-roaming horses
and burros as an act of mercy or to prevent overpopulation only when
necessary to preserve and maintain the habitat in a suitable condition
for continued use.
Subsec. (d). Pub. L. 95-514 substituted provisions relating to
circumstances and conditions operating to take wild free-roaming horses
and burros or their remains from the purview of this chapter for prior
declaration that nothing in the chapter shall preclude the customary
disposal of the remains of a deceased wild free-roaming horse or burro,
including those in the authorized possession of private parties, and
prohibition of sale for any consideration, directly or indirectly, of
the remains, or any part thereof, now incorporated in cl. (5).
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to
