Wild Equine Public Heritage and Accountability Act

Wild Equine Public Heritage and Accountability Act

To: [Representative/Senator Name]

Subject: Proposal for Mandatory Post-Title Tracking and Habitat Protection for Federal

Wild Equines

Section 1. Short Title

This Act may be cited as the “Wild Equine Public Heritage and Accountability Act.”

Section 2. Statement of Public Ownership

All wild free-roaming horses and burros managed under the 1971 Wild Free-Roaming

Horses and Burros Act are hereby declared assets held in trust for the American

people. While in federal or contract custody, these animals remain the property of the

public; managing agencies serve only as temporary stewards with a fiduciary duty to

ensure transparency and safety.

Section 3. Mandatory Identification and Post-Title Tracking

(a) Permanent Identification: All wild equines shall be fitted with a subcutaneous

microchip and a permanent freeze-mark prior to leaving federal custody.

(b) National Life-Registry: The Secretary shall maintain a centralized, publicly

searchable database recording the animal’s status from capture through all

subsequent private transfers.

(c) Point-of-Sale Enforcement: Any licensed livestock auction or transit center

must scan for the mandatory microchip upon intake. Failure to report a "Federal

Equine" match to the National Registry within 24 hours shall result in a $10,000

fine per occurrence.

(d) Certification of Life/Death: Owners of titled wild equines must submit a

simple annual digital certification (or "check-in") to the Registry confirming the

animal is still in their possession or providing proof of humane euthanasia by a

licensed veterinarian.

Section 4. Mandatory Public Disclosure and Right to Inspect

(a) Mandatory Public Disclosure (National Ledger): The Secretary shall maintain

and update a publicly accessible digital ledger disclosing the status and location

of every equine in federal or contract custody. This ledger must be updated in

real time, with a maximum time limit of 48 hours for entering new data points.

The ledger must include:

1. Facility Identification: The legal name, city, state, and precise GPS

coordinates for all Short-Term Holding Facilities, Off-Range Pastures

(ORP), and private contract facilities.

2. Current Census Data: A real-time headcount for each facility, categorized

by age, sex, original Herd Area (HA)/HMA/Territory/Range of capture, and

individual freezebrand and microchip identification numbers.

3. Transit and Transfer Transparency: A log of all animal movements

between facilities, including transport dates, the number of equines

transferred, and the specific name and location of the destination facility.

All transit data must be entered into the ledger within 48 hours of the

animals’ departure from the originating facility.

4. Mortality Reporting: Any death occurring within federal or contract

custody must be recorded in the ledger within 48 hours, including the

animal's identification numbers, the facility name, and the documented

cause of death.

(b) Right to Inspect: All facilities—including private contract facilities—must

provide a minimum of one public tour day per month. These tours shall be

accessible to the general public and scheduled to allow for meaningful

observation of the animals and their living conditions.

(c) Independent Audit: Authorized equine welfare organizations shall be granted

access for independent veterinary assessments twice annually. These

assessments shall be conducted by licensed, third-party veterinarians to verify

the health, census, and welfare of the animals.

d) Photography Rights: Public observers shall be permitted to document (via

photo or video) the condition of animals and facilities without interference. Any

attempt by facility staff or contractors to block, confiscate, or prohibit the use of

recording devices during public tours or audits shall be considered a violation of

this Act.

Section 5. Funding and Resource Reallocation

(a) Reallocation of Funds: Necessary funding for the development and

maintenance of the National Wild Equine Registry and enforcement of this Act

shall be derived from the existing Wild Horse and Burro Program budget,

specifically through the reallocation of funds previously used for the Adoption

Incentive Program (AIP) and fines from violation of other provisions within this

Act.

(b) Administrative Efficiency: The Secretary shall prioritize the use of digital

reporting and automated microchip scanning to minimize long-term

administrative costs and maximize the efficiency of the life-tracking system.

(c) Mandatory Registry Fees:

1. Mandated Fee Assessment: To ensure the perpetual maintenance and

security of the National Wild Equine Registry, a mandatory "Heritage

Registry Fee" shall be charged at the point of initial adoption or sale.

2. Transfer Fees: A secondary processing fee shall be required and collected

from the seller upon every subsequent legal transfer of title.

3. Dedicated Use: All fees collected under this subsection are restricted

funds; they shall not be diverted to general agency administration but

must be applied exclusively to the digital infrastructure and field

enforcement necessary for the lifetime tracking of the animal.

Section 6. Slaughter Prohibition and Funding

(a) Export Ban: No equine originally managed by the BLM or USFS may be

exported for slaughter, regardless of current title status.

b) Penalties: Any individual found to have transferred a titled wild horse to a "kill

buyer," livestock auction known for slaughter-bound transit, or directly to a

slaughter facility shall be:

1. Subject to a civil penalty of no less than $10,000 per animal.

2. Permanently barred from participating in any federal animal adoption or

purchase programs.

(c) Dedicated Enforcement Fund: All monies collected from fines and penalties

for violations of this Act—including but not limited to failure to scan microchips

at auctions (Section 3) or unauthorized land-use activities (Section 7)—shall be

deposited into a dedicated Equine Integrity Fund.

(d) Use of Fines: These funds shall be used exclusively to support the ongoing

operations of the National Life-Registry, facilitate independent veterinary audits,

and provide grants for the rescue and re-homing of wild equines found in the

slaughter pipeline.

Section 7. Habitat Integrity and Prohibition of Land Transfers

(a) Permanent Designation: All public lands identified as Herd Areas (HAs), Herd

Management Areas (HMAs), Wild Horse/Burro Ranges, Wild Horse/Burro

Territories, or any other label BLM/USFS creates after the passage of this

amendment as a result of the 1971 Act shall be preserved in perpetuity for the

benefit of wild equines.

(b) Prohibition on Trades and Sales: The Secretary of the Interior and the

Secretary of Agriculture are hereby prohibited from entering into any land

exchange, sale, or transfer to private, state, or corporate entities that includes

acreage within these designated areas.

(c) Boundary Adjustments: Any proposed boundary adjustment to these areas

must result in a net gain of acreage and forage for the wild equines and must be

subject to a 90-day public comment period.

(d) Mineral and Commercial Leases: No new mineral, energy, or commercial

grazing leases shall be granted within these designated areas if such leases

would result in the reduction of the Appropriate Management Level (AML) or the

"zeroing out" of a herd.

(e) Penalties for Unauthorized Transfer or Encroachment:

1. Invalidation of Title: Any deed, lease, or transfer of land executed in

violation of this Section shall be deemed null and void ab initio.

2. Civil Penalties: Any Federal, State, private, or corporate entity that

knowingly enters into a prohibited land trade or encroaches upon

designated habitat shall be subject to a civil penalty of $50,000 per acre

involved.

3. Agency Accountability: Any federal official who knowingly authorizes a

prohibited land transfer shall be subject to administrative disciplinary

action and a personal civil fine of no less than $25,000.

(f) Preservation of Public Heritage: As these lands and the animals upon them

belong to the American public (as stated in Section 2), they shall not be treated

as disposable real estate but as a permanent National Heritage Trust.