Adoption Incentive Program

Adoption of excess wild horses and burros is a vital component of the Wild Horse and Burro Program and of how the BLM manages healthy lands and healthy herds. Since passage of the Wild Free-Roaming Horses and Burros Act of 1971, the BLM has regularly removed excess wild horses and burros from the range to address herd overpopulation. BLM has placed more than 270,000 of these animals into private care.

Before an adopter takes home their wild horse or burro, they must certify, under penalty of prosecution, that they will not knowingly sell or transfer the animal for slaughter or for processing into commercial products. Additionally, to ensure adopted animals go to good homes, the BLM limits adopters to assuming title to a maximum of four animals within a 12-month period and does not allow the transfer of title for at least 12 months from the adoption date. During the adoption period, the BLM conducts compliance inspections on animals while in private care prior to title transfer.

When the BLM is notified about a freeze-marked wild horse or burro being offered for sale, BLM officials identify the animal in the database to determine its disposition (adopted, titled, sold, transferred, or deceased). The agency investigates any possible violations of the Prohibited Acts and takes appropriate administrative or legal action. This could include returning the animal to BLM care, barring the adopter from participating in the adoption program in the future or referring the case to U.S. Attorneys for possible prosecution. If the animal is titled, BLM will provide a letter to the requestor confirming its status.

In an effort to constantly improve our management, the BLM plans to continue to analyze the program as it takes the following actions to provide further oversight and protection of adopted wild horses and burros:

ENGAGE STAKEHOLDERS

Action: Continue to work with partners and other stakeholders to evaluate potential improvements to the Adoption Incentive Program, consistent with relevant laws and regulations.

The BLM values the informed engagement of stakeholder groups with an interest in helping advance the goals of the Wild Horse and Burro Program, including increasing the placement of animals into good homes. The agency commits to continued engagement with groups and individuals as well as the National Wild Horse and Burro Advisory Board.

Update (1/26/22): Public input continues to be important to the BLM. Moving forward, the BLM plans to host roundtable sessions with various stakeholders to consider non-cash incentives that could further benefit adopted animals.

CONSISTENT FORMS LANGUAGE

Action: Ensure all adoption applications and agreements clearly and consistently state that the adopter must provide humane care and require the adopter to certify that they will not knowingly sell or transfer ownership of an adopted animal to any person or organization that intends to resell, trade, or give away the animals for slaughter or processing into commercial products.

The BLM recently issued revised adoption application and agreement forms that contain clear and consistent language regarding the prohibition against adopting a wild horse or burro with the intent of selling or transferring it for slaughter or processing into commercial products. The new application and agreement forms are currently in use by the field and available online. BLM will be updating the Title Eligibility Letter with similar consistent language in the near future.

Update (1/26/22): The BLM has updated the Title Eligibility Letter with similar consistent language regarding the prohibition against adopting a wild horse or burro with the intent of selling or transferring it for slaughter or processing into commercial products.

SCREENING OF APPLICANTS

Action: Improve the screening of adoption applicants to better ensure that ineligible individuals are identified and excluded from participating in the adoption program, consistent with relevant laws and regulations.

The BLM commits to solutions that will better enable field personnel to verify when potential adopters are not eligible to adopt under existing laws and regulations. The Wild Horse and Burro Program System – the central database that contains information on all animals and adopters – flags individuals who have been deemed ineligible to adopt due to a previous violation of Prohibited Acts outlined in the regulations (43 CFR 4770.1). The BLM will consider ways to make this database more readily accessible to specialists in field environments.

COMPLIANCE INSPECTIONS

Action: Conduct an inspection of wild horses and burros adopted through the Adoption Incentive Program within six months of adoption date, rather than twelve months.

Under current BLM policy , a BLM official conducts a compliance inspection of adopted wild horses or burros within one year (prior to the issuance of title). As a practical matter, most inspections are completed within six months of adoption. BLM will clarify policy to identify the earlier inspection time frame for animals adopted under the Adoption Incentive Program.

Update (1/26/22): Updated policy issued January 2022 now requires compliance inspections of animals adopted under the Adoption Incentive Program to occur within six months of adoption, rather than twelve.

VETERINARIAN CERTIFICATION OF TITLE APPLICATION

Action: Have a veterinarian certify all title applications for wild horses and burros adopted through the Adoption Incentive Program (AIP).

The BLM requires certification of proper care and treatment by a veterinarian, extension agent, local humane official, or other qualified individual. For animals adopted under the Adoption Incentive Program, BLM will limit that certification to a veterinarian (or BLM authorized officer) is required to receive incentive payments.

Update (1/26/22): Updated policy issued January 2022 now requires title applications for animals adopted under the Adoption Incentive Program to be signed by a veterinarian or BLM Authorized Officer for the adopter to receive the incentive payment.

FEDERAL LAW NOTICES

Action: Increase posting of warning notices at livestock sale facilities, highlighting criminal penalties for illegally selling untitled wild horses and burros.

BLM mailed copies of the Federal Law Notice to over 750 livestock sale facilities throughout the United States in 2018 and is resending notices again in August 2021. Facilities are encouraged to post the notices in a visible area to inform sellers and buyers of their legal responsibilities should they come across a freeze-marked horse or burro. The notices are sent with samples of a Certificate of Title and Bill of Sale so operators can confirm the legal status of any animal that comes into their facility.

REFER VIOLATIONS TO US ATTORNEYS

Action: Continue to refer cases to relevant U.S. Attorneys for potential violations under 18 USC 1001 for making false or misleading statements on adoption and title applications and agreements.

When BLM is presented with evidence suggesting that an individual may have provided false information to the agency on an adoption application or agreement, agency law enforcement conducts an investigation and may issue citations or refer cases to the appropriate U.S. Attorney to determine if prosecution is warranted.

UPDATE REGULATIONS

Action: Evaluate changes to federal regulations that strengthen protections for adopted wild horses and burros.

Current regulations governing the Wild Horse and Burro Program were last updated in 1986. A rule-making process begins with the publication of a notice of proposed rulemaking in the Federal Register, and the process includes an opportunity for public comment. The BLM remains committed to managing wild horses and burros pursuant to the Act and subsequent direction from Congress.