The Mustang Spirit of the West: How Taking a More Cooperative Approach Will Save Our Mustangs

Abstract

This Note examines the systematic mismanagement of wild horses and burros on America’s public lands and proposes a cooperative solution to these problems. America’s wild horses and burros have faced a long history of abuse which led to their protection under the Wild Free-Roaming Horses and Burros Act of 1971 (WHBA). However, between trying to work within the structure of an almost-50- year-old statute and a tight federal budget, the Bureau of Land Management (BLM) has not been able to find a proper balance between a thriving horse population and an overcrowded one. This Note proposes possible solutions to this problem. Cooperative federalism, voluntary intergovernmental agreements, or even proactive state legislation are all viable options that would allow the wild horses and burros to thrive on America’s public lands. In this instance, cooperative federalism seeks to set strict guidelines for states to meet in order for state governments to take over the care of these animals. Intergovernmental agreements would allow non-federal governments to take over the “smaller” tasks related to wild horses and burros in order to allow the Federal Government to focus on the task of long-term management and care of horses and burros in off-site holding facilities. Finally, proactive state legislating allows state governments to assume the care and control of horses and burros and it allows states to make the rules and suit them to their own state needs and resources.