An Act to require the protection, management, and control of wild free-roaming horses and burros on public lands
PL 92-195 (S.1116), enacted 12/15/1971

85 STAT. ] 
PUBLIC LAW 92-195-DEC. 15, 1971 
649 
Public Law 92-195 
A N A C T 
December 15, 1971 
To require the protection, management, and control of wild free-roaming horses 
^^' m ^ l 
and burros on public lands. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., That Congress finds 
and declares that wild free-roaming horses and burros are living sym-
bols of the historic and pioneer spirit of the West; that they contribute 
to the diversity of life forms within the Nation and enrich the lives of 
the American people; and that these horses and burros are fast dis-
appearing from the American scene. It is the policy of Congress that 
wild free-roaming horses and burros shall be protected from capture, 
branding, harassment, or death; and to accomplish this they are to be 
considered in the area where presently found, as an integral part of 
the natural system of the public lands. 
SEC. 2. As used in this Act— 
(a) "Secretary" means the Secretary of the Interior when used 
in connection with public lands administered by him through the 
Bureau of Land Management and the Secretary of Agriculture 
in connection with public lands administered by him through the 
Forest Service; 
(b) "wild free-roaming horses and burros" means all unbranded 
and unclaimed horses and burros on public lands of the United 
States; 
(c) "range" means the amount of land necessary to sustain an 
existing herd or herds of Avild free-roaming horses and burros, 
which does not exceed their known territorial limits, and which is 
devoted principally but not necessarily exclusively to their wel-
fare in keeping with the multiple-use management concept for the 
public lands; 
(d) "herd" means one or more stallions and his mares; and 
(e) "public lands" means any lands administered by the Secre-
tary of the Interior through the Bureau of Land Management or 
by the Secretary of Agriculture through the Forest Service. 
SEC. 3. (a) 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 
Act. 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 7 of this Act deems such action desirable. Tlie 
Secretary shall manage wild free-roaming horses and burros in a 
manner that is designed to achieve and maintain a thriving natural eco-
logical balance on the public lands. He shall consider the recommenda-
tions 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 7 
of this Act. All management activities shall be at the minimal feasi-
ble 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. 
Wild horses and 
burro s« 
Protection. 
Definitions. 
Jurisdiction; 
management. 
650 
PUBLIC LAW 92-195-DEC. 15, 1971 
[85 STAT. 
reSova'i"'iu°horit . 
^^) Where ail area is found to be overpopul ated, the Secretary, after 
ova , u or y. ^.Qj^g^j^jj^g ^jth I\^Q Advisorj Board, may order old, sick, or lame ani-
mals to be destroyed in the most humane manner possible, and he may 
cause additional excess wild free-roaming horses and burros to be cap-
tured and removed for private maintenance under humane conditions 
and care. 
(c) The Secretary may order wild free-roaming horses or burros to 
be destroyed in the most humane manner possible when he deems such 
action to be an act of mercy or when in his judgment such action is 
necessary to preserve and maintain the habitat in a suitable condition 
for continued use. No wild free-roaming horse or burro shall be 
ordered to be destroyed because of overpopulation unless in the judg-
ment of the Secretary such action is the only practical way to remove 
excess animals from the area. 
(d) Nothing in this Act 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, but in no event 
shall such remains, or any part thereof, be sold for any consideration, 
directly or indirectly. 
Private mainte- 
gj,^, J. jf ^yj}^ free-roamiiig 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 m 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. 
Recovery rights. 
SEC. 5. A persoii claimiiig ownership of a hoi'se or burro on the 
public lands shall be entitled to recover it only if recovery is per-
missible under the branding and estray laws of the State in which the 
animal is found. 
SEC. 6. The Secretary is authorized to enter into cooperative agree-
ments with other landowners and with the State and local govern-
mental agencies and may issue such regulations as he deems neces-
sary for the furtherance of the purposes of this Act. 
SEC. 7. The Secretary of the Interior and the Secretary of Agri-
culture 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 employ-
ees of the Federal or State Governments and whom they deem to 
have special knowledge about protection of horses and burros, man-
agement of wildlife, animal husbandry, or natural resources manage-
ment. Members of the board shall not receive reimbursement except 
for travel and other expenditures necessary in connection with their 
services. 
SEC. 8. 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 
Secretary, 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 harassment of any wild 
free-roaming horse or burro, or 
Agreements and 
regulations* 
Joint advisory 
boarda 
Penalty, 
85 STAT. ] 
PUBLIC LAW 92-196-DEC. 15, 1971 
651 
(4) processes or permits to be processed into commercial prod-
ucts the remains of a wild free-roaming horse or burro, or 
(5) sells, directly or indirectly, a wild free-roaming horse or 
burro maintained on private or leased land pursuant to section 4 
of this Act, or the remains thereof, or 
(6) willfully violates a regulation issued pursuant to this Act, 
shall be subject to a fine of not more than $2,000, or imprisonment for 
not more than one year, or both. Any person so charged with such 
violation by the Secretary may be tried and sentenced by any United 
States commissioner or magistrate designated for that purpose by the 
court by which he was appointed, in the same manner and subject to 
the same conditions as provided for in section 3401, title 18, United 
States Code. 
(b) Any employee designated by the Secretary of the Interior or 
the Secretary of Agriculture shall have power, without warrant, to 
arrest any person committing in the presence of such employee a 
violation of this Act or any regulation made pursuant thereto, and to 
take such person immediately for examination or trial before an officer 
or court of competent jurisdiction, and shall have power to execute 
any warrant or other process issued by an officer or court of competent 
jurisdiction to enforce the provisions of this Act or regulations made 
pursuant thereto. Any judge of a court established under the laws of 
the United States, or any United States magistrate may, within his 
respective jurisdiction, upon proper oath or affirmation showing 
probable cause, issue warrants in all such cases. 
SEC, 9. Nothing in this Act shall be construed to authorize the Sec-
retary to relocate wild free-roaming horses or burros to areas of the 
public lands where they do not presently exist. 
SEC. 10. After the expiration of thirty calendar months following 
the date of enactment of this Act, and every twenty-four calendar 
months thereafter, the Secretaries of the Interior and Agriculture will 
submit to Congress a joint report on the administration of this Act, 
including a summary of enforcement and/or other actions taken there-
under, costs, and such recommendations for legislative or other actions 
as he might deem appropriate. 
The Secretary of the Interior and the Secretary of Agriculture shall 
consult with respect to the implementation and enforcement of this 
Act and to the maximum feasible extent coordinate the activities of 
their respective departments and in the implementation and enforce-
ment of this Act. The Secretaries are authorized and directed to under-
take those studies of the habits of wild free-roaming horses and 
burros that they may deem necessary in order to carry out the provi-
sions of this Act. 
Approved December 15, 1971. 
82 Stat. I l l s . 
Power of arrest. 
Limitation. 
Report to Con-
gress. 
Studies. 
Public Law 92-196 
AN ACT 
December 15, 1971 
To provide additional revenue for the District of Columbia, and for other 
[H. R. 11341] 
purposes. 
~ 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That this Act may 
District of 
be cited as the "District of Columbia Kevenue Act of 1971". 
AclTf^Jgrl!''*""^