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 inhabit such lands, particularly endan- gered wildlife species. Any adjustments in for- age 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 in- ventory of wild free-roaming horses and burros on given areas of the public lands. The purpose of such inventory shall be to: make determina- tions as to whether and where an overpopulation exists and whether action should be taken to re- move 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 de- struction of excess animals, or other options (such as sterilization, or natural controls on population levels). In making such determina- tions 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 man- agement. (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 con- tained 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 ab- sence 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 ac- tion is necessary to remove excess animals, he shall immediately remove excess animals from the range so as to achieve appropriate manage- ment levels. Such action shall be taken, in the following order and priority, until all excess ani- mals have been removed so as to restore a thriv- ing natural ecological balance to the range, and protect the range from the deterioration associ- ated with overpopulation: (A) The Secretary shall order old, sick, or lame animals to be destroyed in the most hu- mane manner possible; (B) The Secretary shall cause such number of additional excess wild free-roaming horses and burros to be humanely captured and re- moved for private maintenance and care for which he determines an adoption demand ex- ists 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 ex- cess wild free-roaming horses and burros for which an adoption demand by qualified indi- viduals does not exist to be destroyed in the most humane and cost efficient manner pos- sible. (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 re- search study of such animals with such individ- uals independent of Federal and State govern- ment as may be recommended by the National Academy of Sciences for having scientific exper- tise and special knowledge of wild horse and burro protection, wildlife management and ani- mal husbandry as related to rangeland manage- ment. 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 Page 1760 TITLE 16—CONSERVATION § 1333 1 So in original. Probably should be subsection ‘‘(c)’’. the Senate and House of Representatives on or before January 1, 1983. (c) Title of transferee to limited number of ex- cess 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 applica- tion 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 sub- section (c) except for the limitation of sub- section (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 pas- sage of title; or (3) upon destruction by the Secretary or his designee pursuant to subsection (b) of this sec- tion; 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 ex- cess animal shall be sold if— (A) the excess animal is more than 10 years of age; or (B) the excess animal has been offered un- successfully 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 avail- able for sale without limitation, including through auction to the highest bidder, at local sale yards or other convenient livestock sell- ing 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 ani- mals under this subsection shall be— (A) credited as an offsetting collection to the Management of Lands and Resources ap- propriation for the Bureau of Land Manage- ment; and (B) used for the costs relating to the adop- tion of wild free-roaming horses and burros, including the costs of marketing such adop- tion. (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. (Pub. L. 92–195, § 3, Dec. 15, 1971, 85 Stat. 649; Pub. L. 95–514, § 14(a), Oct. 25, 1978, 92 Stat. 1808; Pub. L. 108–447, div. E, title I, § 142(a), Dec. 8, 2004, 118 Stat. 3070.) Editorial Notes 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 2004—Subsec. (d)(5). Pub. L. 108–447, § 142(a)(1), sub- stituted ‘‘this section’’ for ‘‘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’’. Subsec. (e). Pub. L. 108–447, § 142(a)(2), added subsec. (e). 1978—Subsec. (b). Pub. L. 95–514 substituted provi- sions for: maintaining current inventory of wild free- roaming horses and burros; listing the purpose of the inventory and determinations to be made in consulta- tion 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 lev- els; 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 habi- tat in a suitable condition for continued use. Subsec. (d). Pub. L. 95–514 substituted provisions re- lating to circumstances and conditions operating to take wild free-roaming horses and burros or their re- mains from the purview of this chapter for prior dec- laration 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 au- thorized 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). Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in Page 1761 TITLE 16—CONSERVATION § 1338 the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1334. Private maintenance; numerical approxi- mation; strays on private lands: removal; de- struction 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 con- strued 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 pro- tects 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 pri- vate lands or lands leased from the Government shall notify the appropriate agent of the Sec- retary and supply him with a reasonable ap- proximation of the number of animals so main- tained. (Pub. L. 92–195, § 4, Dec. 15, 1971, 85 Stat. 650.) § 1335. Recovery rights A person claiming ownership of a horse or burro on the public lands shall be entitled to re- cover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found. (Pub. L. 92–195, § 5, Dec. 15, 1971, 85 Stat. 650.) § 1336. Cooperative agreements; regulations The Secretary is authorized to enter into co- operative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems nec- essary for the furtherance of the purposes of this chapter. (Pub. L. 92–195, § 6, Dec. 15, 1971, 85 Stat. 650.) Statutory Notes and Related Subsidiaries CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING FACILITIES Pub. L. 112–74, div. E, title I, § 114, Dec. 23, 2011, 125 Stat. 1009, provided that: ‘‘(a) Notwithstanding any other provision of this Act [div. E of Pub. L. 112–74, see Tables for classification], the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administra- tive Services Act of 1949 ([former] 41 U.S.C. 254c) [see 41 U.S.C. 3903] (except that the 5-year term restriction in subsection (d) [see 41 U.S.C. 3903(a)] shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or en- tities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to re- newal at the discretion of the Secretary. ‘‘(b) During fiscal year 2012 and subsequent fiscal years, in carrying out work involving cooperation with any State or political subdivision thereof, the Bureau of Land Management may record obligations against accounts receivable from any such entities.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. E, title I, § 108, Mar. 9, 2024, 138 Stat. 246. Pub. L. 117–328, div. G, title I, § 108, Dec. 29, 2022, 136 Stat. 4786. Pub. L. 117–103, div. G, title I, § 108, Mar. 15, 2022, 136 Stat. 375. Pub. L. 116–260, div. G, title I, § 108, Dec. 27, 2020, 134 Stat. 1504. Pub. L. 116–94, div. D, title I, § 108, Dec. 20, 2019, 133 Stat. 2712. Pub. L. 116–6, div. E, title I, § 109, Feb. 15, 2019, 133 Stat. 231. Pub. L. 115–141, div. G, title I, § 109, Mar. 23, 2018, 132 Stat. 659. Pub. L. 115–31, div. G, title I, § 109, May 5, 2017, 131 Stat. 460. Pub. L. 114–113, div. G, title I, § 109, Dec. 18, 2015, 129 Stat. 2549. Pub. L. 113–235, div. F, title I, § 110, Dec. 16, 2014, 128 Stat. 2419. Pub. L. 113–76, div. G, title I, § 111, Jan. 17, 2014, 128 Stat. 312. § 1337. Joint advisory board; appointment; mem- bership; functions; qualifications; reimburse- ment limitation The Secretary of the Interior and the Sec- retary of Agriculture are authorized and di- rected 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 Govern- ments and whom they deem to have special knowledge about protection of horses and bur- ros, management of wildlife, animal husbandry, or natural resources management. Members of the board shall not receive reimbursement ex- cept for travel and other expenditures necessary in connection with their services. (Pub. L. 92–195, § 7, Dec. 15, 1971, 85 Stat. 650.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1338. Criminal provisions (a) Violations; penalties; trial Any person who— (1) willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Sec- retary, or (2) converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or (3) maliciously causes the death or harass- ment of any wild free-roaming horse or burro, or