EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Whereas, On December 15, 1971, Congress enacted the provisions of

1-2 the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq.;

1-3 and

1-4 Whereas, The purpose of the Act is to preserve the wild horses and

1-5 burros living on the public lands managed by the Bureau of Land

1-6 Management and the United States Forest Service and to protect those wild

1-7 horses and burros from capture, branding, harassment and death; and

1-8 Whereas, Since 1971, the population of wild horses living on the

1-9 public lands managed by the Bureau of Land Management and the United

1-10 States Forest Service has increased dramatically, particularly in Nevada

1-11 where the largest population of those wild horses exists; and

1-12 Whereas, The Act requires the Secretary of the Interior and the

1-13 Secretary of Agriculture to manage the wild horses living on the public

1-14 lands administered by the Bureau of Land Management and the United

1-15 States Forest Service in a manner that will achieve and maintain a natural

1-16 ecological balance on those public lands; and

1-17 Whereas, Pursuant to that Act, if the Secretary of the Interior or the

1-18 Secretary of Agriculture determines that an overpopulation of wild horses

1-19 exists in an area of the public lands managed by the Bureau of Land

2-1 Management and the United States Forest Service, the secretary must

2-2 remove the excess wild horses from those areas to achieve an appropriate

2-3 level of management for the wild horses; and

2-4 Whereas, Although the provisions of the Act address the issue of

2-5 overpopulation of wild horses, the Act does not require that the population

2-6 of wild horses be maintained at a particular level, thereby allowing the

2-7 population of wild horses to expand far beyond the level envisioned by

2-8 Congress in 1971; and

2-9 Whereas, Allowing an excessive number of wild horses to live on the

2-10 public lands managed by the Bureau of Land Management and the United

2-11 States Forest Service causes those public lands to deteriorate from overuse

2-12 and contravenes the purposes of the Taylor Grazing Act, 43 U.S.C. §§ 315

2-13 et seq., and the Federal Land Policy and Management Act of 1976, 43

2-14 U.S.C. §§ 1701 et seq., which are intended to protect those public lands

2-15 from deterioration and overuse; and

2-16 Whereas, Requiring the Secretary of the Interior and the Secretary of

2-17 Agriculture to maintain the population of wild horses living on the public

2-18 lands managed by the Bureau of Land Management and the United States

2-19 Forest Service at the level established for those wild horses in 1975 will:

2-20 1. Improve the condition of the ranges used by the wild horses;

2-21 2. Increase the population and improve the habitat of deer, antelope

2-22 and other species of wildlife living on those public lands;

2-23 3. Allow an increased use of the public lands and the development of

2-24 native flora and vegetation;

2-25 4. Improve conditions for hunting and other outdoor sports;

2-26 5. Reduce the amount of money required to shelter, feed and prepare

2-27 wild horses for adoption; and

2-28 6. Reduce the risk of deaths of wild horses because of freezing,

2-29 starvation and drought; now, therefore, be it

2-30 Resolved by the Assembly and Senate of the State of Nevada,

2-31 Jointly, That the Nevada Legislature urges Congress to amend the

2-32 provisions of the Wild Free-Roaming Horses and Burros Act to require the

2-33 Secretary of the Interior and the Secretary of Agriculture to establish the

2-34 necessary regulations and procedures whereby horses and burros in excess

2-35 of the appropriate management levels are gathered in a timely fashion, and

2-36 unadoptable horses and burros are made available for sale at open market;

2-37 and be it further

2-38 Resolved, That the Nevada Legislature urges Congress to include

2-39 provisions in the Wild Free-Roaming Horses and Burros Act directing that

2-40 the proceeds of sales of unadoptable horses and burros be granted to the

2-41 state director of the federal land management agency responsible for the

3-1 horses and burros which were gathered off public lands, prior to sale, and

3-2 that these proceeds be used to augment wild horse and burro management

3-3 programs in the state; and be it further

3-4 Resolved, That the establishment of the appropriate management

3-5 levels should be based on sound scientific and locally-collected resource

3-6 information that incorporates and fully acknowledges other existing

3-7 multiple uses of the land, such as the needs of other wildlife and livestock

3-8 living on the land; and be it further

3-9 Resolved, That the establishment of the appropriate management levels

3-10 should be concluded by the end of the federal fiscal year 2002, and

3-11 maintained thereafter, irrespective of the outlet capacity of the federal horse

3-12 adoption programs; and be it further

3-13 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

3-14 copy of this resolution to the Vice President of the United States as the

3-15 presiding officer of the Senate, the Speaker of the House of

3-16 Representatives, each member of the Nevada Congressional Delegation and

3-17 each legislature of the other 49 states; and be it further

3-18 Resolved, That this resolution becomes effective upon passage and

3-19 approval.