16 U.S.C. § 1333 : US Code - Section 1333: Powers and duties of Secretary

Search 16 U.S.C. § 1333 : US Code - Section 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
(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.
(e) Sale of excess animals
(1) In general
Any excess animal or the remains of an excess animal shall be
sold if -
(A) the excess animal is more than 10 years of age; or
(B) the excess animal has been offered unsuccessfully for
adoption at least 3 times.
(2) Method of sale
An excess animal that meets either of the criteria in paragraph
(1) shall be made available for sale without limitation,
including through auction to the highest bidder, at local sale
yards or other convenient livestock selling facilities, until
such time as -
(A) all excess animals offered for sale are sold; or
(B) the appropriate management level, as determined by the
Secretary, is attained in all areas occupied by wild free-
roaming horses and burros.
(3) Disposition of funds
Funds generated from the sale of excess animals under this
subsection shall be -
(A) credited as an offsetting collection to the Management of
Lands and Resources appropriation for the Bureau of Land
Management; and
(B) used for the costs relating to the adoption of wild free-
roaming horses and burros, including the costs of marketing
such adoption.
(4) Effect of sale
Any excess animal sold under this provision shall no longer be
considered to be a wild free-roaming horse or burro for purposes
of this chapter.