§47) and later in the Wild Free-Roaming Horses and Burros Act of 1971 (hereinafter "the 1971 Act") (16 U.S.C. The law covers wild horses and burros on lands of the Bureau of Land Management (BLM) in the Department of the Interior and the Forest Service (FS) in the Department of Agriculture, and assigns management responsibility to these agencies. Under the 1971 Act, the agencies conduct inventories of horse and burro populations on federal land to determine appropriate management levels (AMLs). First, the agencies are to destroy old, sick, or lame animals by the most humane means available. Second, they are to remove healthy animals for private adoption. Third, if adoption demand is insufficient, the remaining healthy animals are to be destroyed; however, the agencies have not used this authority since 1982. One change directed the agencies to sell, "without limitation," excess animals (or their remains) that are deemed too old (more than 10 years old) or otherwise unable to be adopted (offered unsuccessfully at least three times). The number of animals on BLM lands significantly exceeds this figure; there were an estimated 38,497 wild horses and burros (145% of AML) on BLM land as of February 28, 2011. Thousands of additional animals—41,874 as of September 2011—are in agency holding facilities. Key issues for Congress have included the adequacy of authorities for managing wild horses and burros and achieving AML on federal lands; the effectiveness of agency management of wild horses and burros and of options for achieving AML; and the sufficiency of funding for managing wild horses and burros and achieving AML. Specifically, among the most contentious issues are whether BLM should destroy healthy animals under the authority provided in the 1971 Act, and sell animals "without limitation" as provided in the 108 th Congress changes. Other controversial issues include the priority given wild horses and burros in land use decisions; whether, and to what extent, to remove animals from the range; the disposal of healthy animals through the adoption and sales programs; the extent of holding animals in facilities, particularly long-term (pasture) facilities; the use of fertility control to slow the rate of production; and the costs of management and whether funding is appropriate. For instance, an October 2008 report by GAO recommended that BLM use different methods to estimate populations, issue a policy to achieve consistency in setting AMLs, provide information to the public on treatment of animals, and develop alternatives to caring for animals in facilities. Also, in November 2008, the Wild Horse and Burro Advisory Board made recommendations to BLM on how to reduce wild horse and burro herd sizes, population growth, and costs of management, among other issues. Proposals by the Secretary of the Interior, released on October 7, 2009, had a different approach. No broad legislation to amend the 1971 Act has been introduced in the 112 th Congress as of December 2, 2011. Euthanization of healthy wild horses and burros has long been controversial. For FY2011, the appropriation for BLM wild horse and burro management was higher still—$75.8 million. According to GAO, the development of alternatives to caring for animals in facilities is necessary for the long-term sustainability of the wild horse and burro program, due to the cost of caring for animals in facilities. The emphasis of the proposed strategy, issued on February 28, 2011, is on advancing Secretary Salazar's proposals to reduce wild horse and burro populations, pursue new options for animals removed from the range, and reduce program costs. Ecosanctuaries

			2011 Solicitation of Proposals to Establish Ecosanctuaries

BLM has begun to pursue partnerships with other landowners for the establishment of wild horse ecosanctuaries for the long-term care of wild horses and burros determined to be excess and removed from the range. They are to consist exclusively of non-reproducing herds in an effort to limit population growth.
The Wild Free-Roaming Horses and Burros Act of 1971 (the 1971 Act) protects wild horses and burros on federal lands, and places them under the jurisdiction of the Bureau of Land Management (BLM) and the Forest Service (FS). Under the 1971 Act, the agencies are to inventory horse and burro populations on federal land to determine appropriate management levels (AMLs). They are authorized to remove animals exceeding the range's carrying capacity. First, the agencies are to destroy "old, sick, or lame animals" by the most humane means available. Second, they are to remove healthy animals for private adoption. Third, if adoption demand is insufficient, the remaining healthy animals are to be destroyed. However, the agencies have not used this authority since 1982, and the FY2011 Interior appropriations law prohibited funds from being used to slaughter healthy animals. In addition, under a 108th Congress change, the agencies are to sell, "without limitation," excess animals (or their remains) that essentially are too old or otherwise unadoptable.
BLM has not achieved reduction to the national AML, which is 26,576 for all herds. There were an estimated 38,497 wild horses and burros on BLM lands as of February 28, 2011. Another 41,874 animals were in BLM holding facilities as of September 2011. More than half of BLM's $75.8 million FY2011 appropriation for wild horses and burros was used to care for animals in holding facilities. A much smaller number of horses and burros are on FS lands—4,700.
Management of wild horses and burros has long been controversial, with most attention centering on BLM. Among the most contentious issues are whether BLM should destroy healthy animals under the authority provided in the 1971 Act, and sell animals "without limitation" as provided in the 108th Congress change. Other controversial issues include the priority given wild horses and burros in land use decisions; whether, and to what extent, to remove animals from the range; the disposal of healthy animals through the adoption and sales programs; the extent of holding animals in facilities, particularly long-term (pasture) facilities; the use of fertility control to slow the rate of reproduction; and the costs of management and whether funding is appropriate.
Several sets of options are being considered or implemented for reaching AML, limiting the number of animals in holding, reducing program costs, and generally improving the care and management of wild horses and burros, primarily by BLM. An October 2008 report by the Government Accountability Office recommended that BLM use different methods to estimate populations, issue a policy to achieve consistency in setting AMLs, provide information to the public on treatment of animals, and develop alternatives to caring for animals in facilities. In November 2008, the Wild Horse and Burro Advisory Board made recommendations to BLM on how to reduce wild horse and burro herd sizes, population growth, and costs of management, among other issues. On October 7, 2009, the Secretary of the Interior, calling the BLM wild horse and burro program "unsustainable," announced proposals to establish wild horse preserves for the care of non-producing herds, and to reduce population growth rates through such methods as expanded use of fertility control. In February 2011, BLM released a draft strategy to advance the Secretary's proposals, pursue new options for animals removed from the range, and reduce program costs. In spring 2011, BLM began to solicit proposals to establish wild horse and burro sanctuaries, either on BLM or combined public-private land, for the long-term care of non-reproducing herds. Further, the National Academy of Sciences is developing recommendations for BLM on using the best science in caring for wild horses and burros. Two recent reports (Department of the Interior and American Association of Equine Practitioners) found overall quality care for wild horses and burros, while providing recommendations. No broad legislation to amend the 1971 Act has been introduced in the 112th Congress.