The "Restoring Our American Mustang" (ROAM) Act. (H.R. 1018)

CONTACT:
Allyson Groff or Blake Androff, 202-226-9019
House Panel Acts to Ensure America’s Wild Horses Continue to Roam Free

Washington, D.C. – Rejecting the Bureau of Land Management’s (BLM)
slaughter of otherwise healthy horses as a viable management tool, the
House Natural Resources Committee today approved legislation introduced by
Chairman Nick J. Rahall (D-WV) that will ensure the continued protection of
thousands of America’s free-roaming wild horses and burros that make their
homes on America’s public lands.

“While Americans cheer on the thoroughbreds at Churchill Downs this
Saturday, I would submit that the plight of the American mustang is not
something of which we can be proud,” said Rahall. “While the BLM, the
agency charged with their safekeeping, has publicly spoken of killing these
majestic creatures as a solution to a burgeoning budgetary problem, I know
that we can, and must, do better. This legislation would ensure a safe
future for thousands of healthy wild mustangs.”

In 1971, the Congress adopted the Wild Free-Roaming Horse and Burro Act –
which stated that wild horses are “an integral part of the natural system
of the public lands” – to protect wild horses from “capture, branding,
harassment, or death.” Since then, the BLM, charged with management of the
animals on public lands, has allowed for the general public to adopt wild
horses that have been captured when their population becomes excessive.

Last summer, the BLM announced that the combined lack of funding,
facilities, and future options may require the killing of as many as 30,000
healthy wild horses and burros. Shortly after, the GAO released the
findings of its investigation, which revealed a host of troubling problems
plaguing the BLM’s wild horse and burro program.

“Protection and management of the wild horses and burros on our public
lands is an important federal responsibility - but it is clear that the
federal government has not been adequately meeting that responsibility,”
said Rahall. “This legislation will remedy many of the critical lapses that
are taking place under the 1971 Act by invoking a number of commonsense
measures, including preventing the BLM from resorting to slaughter as a
solution for management.”

The Restoring Our American Mustangs (ROAM) Act (H.R. 1018), introduced by
Rahall and co-sponsored by Raúl M. Grijalva (D-AZ), Chairman of the
Subcommittee on National Parks, Forests and Public Lands, would amend the
landmark 1971 Act to implement changes suggested by the Government
Accountability Office (GAO). The bill would:

• Promote the use of better science to determine whether
the amount of range that is available to wild horses is capable of
sustaining them.

• Restore the amount of range available to wild horses when
the law was first enacted in 1971, through a combination of public
and private lands controlled by entities seeking to establish
sanctuaries, and reduce the number of animals that are culled from
the herds and placed in holding facilities.

• Provide the BLM with the authority to enter into
cooperative agreements with private entities to establish wild
horse sanctuaries on non-federal lands.

• Bolster the adoption program and implement sterilization
and other fertility controls.

• Prohibit the killing of healthy wild horses and burros.

The Committee adopted an Amendment in the Nature of a Substitute offered by
Grijalva that included technical and clarifying changes in response to
input from the Administration and advocacy groups.

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ALLYSON L. GROFF
Communications Director
Committee on Natural Resources
U.S. House of Representatives
1324 Longworth House Office Building
202.226.9019 | resourcescommittee.house.gov
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Letter to President Obama from an Impassioned Wild Horse Rescue Volunteer

Want to send your own message to President Obama? Here's the address

The White House

Do it now!!

forwarded with permission

---------------------------- Original Message ----------------------------

Subject: Stop the BLM's aggressive wild horse and burro roundup campaign and its years of mismanaging the Wild Horse and Burro Program

From: llee@uci.edu

Date: Sun, July 5, 2009 12:12 pm

To: comments@whitehouse.gov

--------------------------------------------------------------------------

Dear President Obama,

Wild horses and burros are an American treasure both as reintroduced native wildlife species and as cultural and historic resources. More than any other native animal, they have died for us in our wars and partnered with us in the creation of this country. They should not be eliminated from their congressionally mandated rangelands as the Bureau of Land Management(BLM)proposes.

The BLM has not complied with its fiduciary duty in observing the tenets of the 1971 Wild Free-Roaming Horse and Burro Act and has mismanaged the Wild Horse and Burro Program for 38 years. In conducting aggressive aerial roundups of America's wild horses and burros, the BLM has removed approximately 200,000 from their legal rangelands in 10 states. In the spring of 2008, a top BLM official told wildlife ecologist, Dr. Craig C.

Downer, that virtually all wild horse and burro Herd Areas (HA's)and Herd Management Areas (HMA's) were leased to livestock grazers. From a close examination of the original 1971 wild horse and burro HA's and HMA's in relation to overlapping livestock grazing leases, approximately 95% of wild horse and burro rangelands are being grazed by livestock. This is in direct contravention of federal law under the 1971 Wild Free-Roaming Horse and Burro Act.

The BLM stated that there is insufficient forage and water to sustain wild horse and burro herds. Contrary to BLM claims, forage consumption by livestock on public lands amounted to nearly 7 million-6,835,485 Animal Unit Months (AUM's) in fiscal year 2005. This is contrasted with a mere 381,120 AUM's worth of forage that was consumed by wild horses and burros.

The latter consumed 5.6% of the forage consumed by livestock. And this is substantially lower still when forage consumed by big game animals is brought into the calculation. THERE WOULD BE ADEQUATE FORAGE AND WATER FOR WILD HORSES AND BURROS IF THEY RETAINED THEIR MANDATED RANGELANDS AND THAT AGENCIES UNDER THE PURVIEW OF THE DEPARTMENT OF THE INTERIOR WERE NOT ALLOWED TO REZONE SAID RANGELANDS TO SUIT THE NEEDS OF SPECIAL INTEREST GROUPS SUCH AS CATTLE RANCHERS, BIG GAME HUNTERS, OIL INTERESTS AND GEOTHERMAL COMPANIES.

In the July 9, 2008 House of Representatives Committee on Natural Resources letter to the BLM's Director of Operations, Henri Bisson, Senators Nick J. Rahall and Raul M. Grijalva strongly urged the BLM to refrain from any further action regarding wild horses and burros until the results of the BLM's management practices by the Government Accountability Office (GAO) was conducted. The BLM refused to change its practices and continues to act with impunity concerning its management of the Wild Horse and Burro Program. The BLM has done little to address the concerns raised by a 1990 GAO report and has placed over half of the wild horse and burro population in holding pens where they languish. If these captured wild horses and burros are not subsequently adopted, they are sent to slaughter. Senators Rahall and Grijalva go on to state the following: "You may be aware that the BLM's inability to administer the budget of the Wild Horse and Burro Program with any trace of fiscal accountability is a long-standing concern and must not be used as a death sentence upon these celebrated symbols of the American West." Sadly, this is exactly what has been happening to America's wild horses and burros and it is an unconscionable travesty.

By law, wild horses and burros deserve the right to their designated rangelands. Yes, these animals are a part of our western heritage but more importantly, they are sentient beings that should live out their lives without interruption of politics, greed and cruelty.

I respectfully ask you, Mr. President, to make the Bureau of Land Management and other Department of the Interior agencies comply with the tenets of the 1971 Wild Free-Roaming Horse and Burro Act and that these agencies cease to grant favors to special interest groups at the expense of America's wild horses and burros the 1971 Act was meant to protect.

Please ensure that the BLM review the scientific findings that contradict the agency's claims of wild horse and burro overpopulation and negative impact of rangelands. Place a moratorium on ALL roundups (as requested by the Committee on Natural Resources) until actual numbers of wild horses and burros have been independently assessed and finally, restore the Herd Management Areas designated by the 1971 Wild Free-Roaming Horse and Burro Act. These wild horses and burros belong to ALL Americans on public lands that belong to All Americans, not special interests.

For more information on what is happening to America's wild horse and burro populations, please refer to www.americanherds.blogspot.com managed by renowned wild horse and burro advocate, Cindy MacDonald.

On behalf of our precious wild ones and the Americans who dearly love them, thank you, Mr. President, for considering my requests.

Sincerely,

Linda Lee, Wild Burro Rescue volunteer (www.wildburrorescue.org) llee@uci.edu

First Mustang Baby Gets Adopted and New Name

Here are the first baby pictures of our first foal, Uno...



Our first foal, a filly, born to the Sulphur Springs Mustang mares was originally dubbed "Uno" having the honor of being first born into this newly banded heritage herd. She has been adopted by Devon Camilleri of Bonsall, CA and her new name is Phoenix.

A phoenix is a mythical bird with a colorful plumage and a tail of gold and scarlet (or purple, blue, and green according to some legends). It has a 500 to 1,000 year life-cycle, near the end of which it builds itself a nest of myrrh twigs that then ignites; both nest and bird burn fiercely and are reduced to ashes, from which a new, young phoenix or phoenix egg arises, reborn anew to live again. The new phoenix is destined to live as long as its old self. In some stories, the new phoenix embalms the ashes of its old self in an egg made of myrrh and deposits it in the Egyptian city of Heliopolis (sun city in Greek).

Thank you Devon Camilleri for stepping up and adopting this gorgeous little filly!

Good Questions to the BLM District Manager of Ely, Nevada

...Let's hope he has some good answers!!!

In a letter to the BLM District Manager in Ely, Nevada, Kathleen Hayden of Coyote Canyon Caballos d'Anza writes:

"John F. Ruhs, District Manager, Ely District Office, BLM, HC33 Box
33500, Ely, NV 89301-9408

RE:8560(NVL0000) - Notice of
Proposed Action: Elimination of all wild horses from 11 Herd Areas.
attn: John Ruhs

Please enter these comments into the record and questions and respond to the following questions.

Is it true that BLM plans to zero out 11 wild horse herd areas (HAs) from Nevadas Ely district?
Is it true that only 620 wild horses, or one horse per 2,237 acres occupies 11 Herd Areas containing 1,386,992 acres?

What is the percentage of free roaming horses compared to other wild life and livestock?
What is the percentage of impact, past and present, of environmental damage compared to other wild life and livestock. Please define specific damage attributed to free roaming horses compared to other wild life and livestock.

Isn't it true that despite the fact that the ROAM Bill is working its way through Congress, BLM continues its aggressive gathers egregiously circumventing the intent of the 1971 Act?

Isn't it true that all free roaming herds are an integral part of each local geographical heritage landscape and subject to preservation laws? (National Historic Preservation Act Sec 106 review).

Isn't it true that distinct population segments have evolved in geoghraphic areas and are subject to Endangered Species Act mandates for critical habitat called (ACECs areas of critical environmental concern)

Isn't it true that there were deficiencies in the 1971 inventoried herd areas resulting in fatally flawed and politically motivated land management plans that mandate emergency NEPAs,.. prior to moving these herds to extinction as they exist in the wild?

Explain the descrepancies between the free roaming herd AML process and the AUM's for livestock.

Please provide an answer from the AG to the legal question posed is: 1. Are free roaming herds and their Congressionally mandated Herd Areas, a permanent encumbrance (A claim, right, or lien) upon the title to real estate which passes with title.
2. this pre existing covenant may not be extinguished through land manangement plans.

Isn't it true that expanding herd areas would make the cost of maintaining free roaming herds less than the cost of round ups, short and long term holding, and adoptions?

I protest further roundups pending resolution of the issues and state for the record that I believe DOI has violated its fiduciary duty to maintain our historic cultural resource of free roaming herds for the American Public.

Sincerely,
Kathleen Hayden
POB 64
Baker, Nevada 89311"

Urgent First Hand Observational Refutation of Ely (BLM) Plan to Eliminate Wild Horses

----- Original Message -----

From: Craig Downer

To: Craig Downer

Sent: Thursday, July 02, 2009 10:54 AM

Subject: Fw: White River HA, Urgent first hand observational refutation of Ely Plan to eliminate wild horses

-- July 1, 2009 Chris Mayer Supervisory Rangeland Management Specialist Egan Field Office Bureau of Land Management, HC 33 BOX 33500 Ely, Nevada 89301 Regarding: 4720 (NVL01000) Dear Mr. Mayer Two days ago, I drove through the center of the White River Herd Area on the road that goes from State Highway 318 across Wells Station Summit and on to Currant. I had planned to drive the Timber Mountain Pass road as well, but since habitat conditions appear so lush throughout the White River Valley, I did not cross the Seaman Herd Area, believing that the conditions which I had viewed on the White River Herd Area would be representative of those found on the Seaman Herd Area. On my drive, the ground conditions were breathtakingly beautiful, with greenness, sprouting new vegetation, and lushness. Given what wild horses have to live with in Western Nevada, these conditions represented a remarkably comfortable-looking environment for wild horses which live in that Herd Area. I saw fewer than a dozen wild horses during the 30-mile drive, and the road contained very little in the way of horse droppings….mostly on the west side of Wells Station Summit. I did not observe any “trailing” areas, or areas where “excessive utilization” might be said to occur, since this area looks marvelous compared to Western Nevada wild horse areas. I did note that areas where water might have occurred in the past did seem a bit dry. Speaking of water, I note that the BLM claims an absence of water as a primary reason for horse removal. Yet, it appears that in the last 10 years, close to 700 horses were removed from the White River Herd Area, and the current census of animals is estimated at a very modest 168 animals. Clearly, there is water available for that Herd Area. If the BLM doesn’t know where it is, the horses apparently do, since they have been successful in living on that very large Herd Area for years. I did not see any cows, though it appeared that cattle grazing had occurred there recently, for example, at Hardy Springs. While that may not be in the Herd Area, it suggested to me that ranchers have had their livestock nearby, and probably on the Herd Area. I send this letter, then, with a large question for myself as to why horse removal is necessary on the White River Herd Area now. Vegetation conditions now are remarkably good, and the large size of the Herd Area compared to the small number of horses estimated to be in attendance, does not warrant horse removal based upon current conditions in my view. Of course, there are lots of other unanswered questions as well in terms of future plans for livestock use in the Herd Area, wildlife usage (big game species populations, except for mule deer, are at all-time high levels), how much of the damage alleged to be by horses may actually be due to cattle use in the past, etc. I would wonder if this planned horse removal is nothing more than a politically-inspired action rather than something related to on-the-ground conditions since my admittedly brief look at the center of the Horse Area would not suggest need for a zeroing out of horses in that area at this time. I would hope you have the capacity to reconsider this decision. Sincerely Don Molde Reno, Nevada Here is my letter of protest again pasted. The Ely plan must be stopped! June 27, 2009 John F. Ruhs, District Manager Ely District Office, Bureau of Land Management HC33 Box 33500, Ely, NV 89301-9408 Re: 8560(NVL0000) May 29, 2009. Notice of Proposed Action: ‘Elimination of all wild horses from 11 Herd Areas’. Attn. also: Ruth Thompson, wh & b spec. T. 775-289-1826 (Seaman & White River HAs). Ruth_thompson@blm.gov; Ben Noyes, wh & b spec. T. 775-289-1836. (Caliente wild horse HAs Complex) Benjamin_noyes@blm.gov Dear Mr. Ruhs: I have received your letter of May 29th announcing the zeroing out of 11 wild horse herd areas (HAs) in your district. I have reviewed your justification for this drastic action and find it to be deceptive and untrue. You and your team, as public servants, are supposed to fairly represent diverse public interests on public lands, not just livestock, big game, mining and other extractive activities. What you are proposing and your justification for such constitute an abandonment of duty. You intentionally target wild horses for elimination in order to clear the way for other more politically pushy interests. I have noted that in the Seaman and White River HAs, according to the figures you have provided, there are 475,100 legal acres and a presently censused population of 350 remaining wild horses. Don’t you realize that this works out to the enormous area of 1,357.43 legal acres per remaining wild horse! This is hardly the “overpopulation” you claim! Rather “under population” more accurately describes this small remnant within this vast region. Your claim is arbitrary and designed to secure the land and its resources for other interests, e.g. livestock, big game, oil and gas leases, etc. Your final terse statements purporting to justify the wholesale elimination of the two herds slant to lay the blame on the horses for environmental damage while ignoring livestock present, past history and other factors. For example, you make no mention of the role that unwisely located fences -- including those that deprive horses of access to water -- are playing in unnaturally constricting the movements of the horses, contrary to the true intention of the Wild Horse Act within their legal HAs! -- In short, I simply do not believe you here; and your track record demonstrates an extreme prejudice against wild horses in the wild. Your injustice toward the wild horses in the nine legal herd areas of the Caliente Wild Horse Complex (Meadow Valley Mountain, Blue Nose Peak, Delamar Mountain, Clover Mountains, Clove Creek, Applewhite, Mormon Mountain, Little Mountain and Miller Flat HAs) is even more egregious! I’m sure you realize that with only 270 wild horses in this vast legal wild horse domain summing to 911,892 acres, there are 3,377.38 legal acres for every remaining wild horse! It is extremely hard to believe that this small number of wild horses are overpopulated in such a vast area, yet this is what you are asking. Also, it is remarkable that you overlook the substantial role that wild horses play in reducing fire hazard by consuming large quantities of dry flammable vegetation over the vast areas where they roam (home range). Yet you tersely list “drought conditions, fire and nuisance animals” as your sole justifications for removing all of the wild horses from this vast complex of legal herd areas. You are not telling the whole story here – not anywhere near! How many allotment drift fences interfere with wild horse movements that naturally moderate grazing pressure throughout these HAs and are themselves contrary to the Wild Horse Act? And for that matter, how many livestock graze in these legal wild horse HAs, where by law the wild horses are supposed to be given priority, i.e. “principal” status (since overall their legal HAs represent only a small fraction of the public lands). This would truly be “multiple use,” not the over-magnification of wild horse presence/impact in which over the years BLM/USFS, has repeatedly engaged! I am keenly disillusioned with your decision to eliminate all wild horses from these vast and legal HAs in my home state of Nevada. How can you preserve the true spirit of the West without wild horses in the wild? Seems you are bent on killing this spirit rather than preserving or, better yet, restoring it, as you should be doing. Summing all of the 11 wild horse HAs planned for zeroing out yields 1,386,992 acres; and summing all of the presently remaining wild horses in these 11 herd areas yields 620 wild horses. This signifies 2,237.08 legal acres per remaining wild horse. Yet you still mean to tell me that in these vast areas wild horses are overpopulated and destroying the ecosystem?! I find this extremely hard to believe, especially given my knowledge of wild horse behavior and ecology as well as public lands politics (See Western Turf Wars by Mike Hudak, 2008, Biome Books). It is farcical that such a vast region cannot support a modest population of 620 wild horses. I believe the root cause for their planned elimination is the hostile attitude toward them by certain humans, especially vested interests blinded by their possessions and the uncaring or uncourageous public officials that go along with them! A couple years ago, I protested this outrageous plan and am again vigorously protesting this travesty. This is directed at the wild horses, a restored native species in North America with so much that is truly positive to contribute to the Western ecosystem and ambiance; and it is also directed at the substantial majority of Nevadan and citizens throughout America who enthusiastically support wild horses in the wild and have repeatedly expressed their strong desire to see them fairly treated and represented upon the public lands – no more nor less than what the Wild Horse Act requires. This is your job as public servants; and I strongly request the cancellation of your decision to zero out these 11 remnant herds. They represent many generations of natural selection to their specific eco-regions, a benign process that establishes harmony with the many sympatric species of plants and animals they, in fact, live with, and not against. Clearly it is we people who need to change, not the wild horses. These powerful and beautiful animals are returning to the land of their evolutionary origin and to that ecological way of life and fitting that is their inheritance from millions of years upon this Earth, and herein upon the North American continent. Sincerely, Craig C. Downer, Wildlife Ecologist Author: Wild Horses: Living Symbols of Freedom P.O. Box 456, Minden, NV 89423. ccdowner@aol.com P.S. I have personally visited several of the herds you are planning to zero out – especially memorable was the Delamar herd amid the Joshua trees – and it would be a tragic personal loss were you to follow through on these ill-conceived plans to eliminate the horses from this life-nurturing place of freedom and biodiversity. Make your summer sizzle with fast and easy recipes for the grill.