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16 U.S.C. § 1333 — Powers and duties of Secretary

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1333 — Powers and duties of Secretary

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Stable record: federal_law:legal_authorities:record_usc_efe2a660418a9f8224e86d45
Source file: Laws/federal/codes/united-states-code/title-16/section-1333-powers-and-duties-of-secretary--16a8152320.md
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Source location: Title 16, Chapter 30, § 1333; chapter-030-wild-horses-and-burros-protection-management-and-control.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1337&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1337&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim); (iii) information contained in court ordered environmental impact statements as defined in [section 1902 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1902&num=0&edition=prelim); 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) except for the limitation of subsection (c)(1) 11 So in original. Probably should be subsection “(c)”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1334&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1902 — Definitions

As used in this chapter— **(a)** The terms “rangelands” or “public rangelands” means lands administered by the Secretary of the Interior through the Bureau of Land Management or the Secretary of Agriculture through the Forest Service in the sixteen contiguous Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing. **(b)** The term “allotment management plan” is the same as defined in [section 1702(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702/k&num=0&edition=prelim), except that as used in this chapter such term applies to the sixteen contiguous Western States. **(c)** The term “grazing permit and lease” means any document authorizing use of public lands or lands in national forests in the sixteen contiguous Western States for the purpose of grazing domestic livestock. **(d)** The term “range condition” means the quality of the land reflected in its ability in specific vegetative areas to support various levels of productivity in accordance with range management objectives and the land use planning process, and relates to soil quality, forage values (whether seasonal or year round), wildlife habitat, watershed and plant communities, the present state of vegetation of a range site in relation to the potential plant community for that site, and the relative degree to which the kinds, proportions, and amounts of vegetation in a plant community resemble that of the desired community for that site. **(e)** The term “native vegetation” means those plant species, communities, or vegetative associations which are endemic to a given area and which would normally be identified with a healthy and productive range condition occurr

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1902

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1337 — Joint advisory board; appointment; membership; functions; qualifications; reimbursement limitation

The Secretary of the Interior and the Secretary of Agriculture are authorized and directed to appoint a joint advisory board of not more than nine members to advise them on any matter relating to wild free-roaming horses and burros and their management and protection. They shall select as advisers persons who are not employees of the Federal or State Governments and whom they deem to have special knowledge about protection of horses and burros, management of wildlife, animal husbandry, or natural resources management. Members of the board shall not receive reimbursement except for travel and other expenditures necessary in connection with their services.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1334 — Private maintenance; numerical approximation; strays on private lands: removal; destruction by agents

If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses or burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1901 — Congressional findings and declaration of policy

**(a)** The Congress finds and declares that— (1) vast segments of the public rangelands are producing less than their potential for livestock, wildlife habitat, recreation, forage, and water and soil conservation benefits, and for that reason are in an unsatisfactory condition; (2) such rangelands will remain in an unsatisfactory condition and some areas may decline further under present levels of, and funding for, management; (3) unsatisfactory conditions on public rangelands present a high risk of soil loss, desertification,11 So in original. and a resultant underproductivity for large acreages of the public lands; contribute significantly to unacceptable levels of siltation and salinity in major western watersheds including the Colorado River; negatively impact the quality and availability of scarce western water supplies; threaten important and frequently critical fish and wildlife habitat; prevent expansion of the forage resource and resulting benefits to livestock and wildlife production; increase surface runoff and flood danger; reduce the value of such lands for recreational and esthetic purposes; and may ultimately lead to unpredictable and undesirable long-term local and regional climatic and economic changes; (4) the above-mentioned conditions can be addressed and corrected by an intensive public rangelands maintenance, management, and improvement program involving significant increases in levels of rangeland management and improvement funding for multiple-use values; (5) to prevent economic disruption and harm to the western livestock industry, it is in the public interest to charge a fee for livestock grazing permits and leases on the public lands which is based on a formula reflecting annual changes in the costs of production; (6) the Act of Decem

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1712 — Land use plans

**(a) Development, maintenance, and revision by Secretary** The Secretary shall, with public involvement and consistent with the terms and conditions of this Act, develop, maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses. **(b) Coordination of plans for National Forest System lands with Indian land use planning and management programs for purposes of development and revision** In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National Forest System with the land use planning and management programs of and for Indian tribes by, among other things, considering the policies of approved tribal land resource management programs. **(c) Criteria for development and revision** In the development and revision of land use plans, the Secretary shall— (1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law; (2) use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences; (3) give priority to the designation and protection of areas of critical environmental concern; (4) rely, to the extent it is available, on the inventory of the public lands, their resources, and other values; (5) consider present and potential uses of the public lands; (6) consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites for realization of those values; (7) weigh lo

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1712

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1333 — Powers and duties of Secretary

Page 1759 TITLE 16—CONSERVATION § 1333 (Pub. L. 92–195, § 2, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95–514, § 14(b), Oct. 25, 1978, 92 Stat. 1810.) Editorial Notes AMENDMENTS 1978—Subsec. (f). Pub. L. 95–514 added subsec. (f). § 1333. Powers and duties of Secretary (a) Jurisdiction; management; ranges; ecological balance objectives; scientific recommenda- tions; 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 provi- sions of this chapter. The Secretary is author- ized 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 sanc- tuaries 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 man- age wild free-roaming horses and burros in a manner that is designed to achieve and main- tain a thriving natural ecological balance on the public lands. He shall consider the recommenda- tions of qualified scientists in the field of biol- ogy and ecology, some of whom shall be inde- pendent of both Federal and State agencies and may include members of the Advisory Board es- tablished in section 1337 of this title. All man- agement activities shall be at the minimal fea- sible level and shall be carried out in consulta- tion with the wildlife agency of the State where- in such lands are located in order to protect the natural ecological balance of all wildlife species which inh

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1333

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