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STILL FIGHTING TO KEEP THE HEBER HERD WILD & FREE

4/14/2016

2 Comments

 
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Here is a statement from our attorneys who are working to protect the Heber Wild Horse Herd:
"In 1971, Congress recognized that “wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people”. 16 U.S.C. § 1331. Congress, therefore, announced the policy that “wild free-roaming horses and burros shall be protected . . . and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public land.” Id. With respect to the Heber Wild Horse Territory, the United States Forest Service (“USFS”) is directed to protect and manage wild free-roaming horses as components of the public lands. See 16 U.S.C. §§ 1333(a); 1332(a)."
"In 2005, the USFS capriciously determined that approximately 300 to 400 horses living and grazing in the Apache-Sitgreaves National Forest located near Heber, Arizona, were “trespass” horses and that they should be removed. Despite the fact that this area encompassed a federally-protected wild horse territory, the USFS summarily concluded that all the horses in that area migrated from the reservation borders of the White Mountain Apache Indians to avoid the Rodeo-Chediski fires in 2002. A group of local residents and a coalition of horse advocacy groups prevented the USFS from removing the horse through civil action. That efforts involved hundreds of hours of volunteer attorney time to build the case, including interviews of several dozen local residents, pouring through historic writings and old photographs, deposing several current and former representatives of the USFS and private residents regarding the status of the horses and the historic presence of wild horses in the area, and commissioning an expert report showing that the behavioral patterns of the horses in question in fact demonstrate that they are “wild,” as opposed to escaped domestic animals."
"In 2007, this group obtained a court approved stipulation requiring, among other things, that the USFS formally recognized the Heber Wild Horse Territory. The USFS acknowledged that “the Heber Wild Horse Territory still exists and has not been dissolved” and that “wild horses are by law an integral part and component of the natural system of the public lands, as expressed by Congress in the Wild Free-Roaming Horses and Burros Act of 1971 as amended.” The USFS specifically agreed to work with the public in the “development of a written Heber Wild Horse Territory Management Strategy in accordance with the provisions of the [Wild Free-Roaming Horses and Burros Act of 1971].” USFS also agreed to conduct an appropriate analysis pursuant to the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq. (“NEPA”), and finalize Management Plan for the Heber Wild Horse Territory. Moreover, the agreement mandates that the USFS to refrain from gathering or removing any horses from the Heber Wild Horse Territory and associated public lands until the USFS finalizes the Management Plan. Despite agreeing to complete, with public involvement, an analysis and appropriate environmental document pursuant to NEPA and develop a written Heber Wild Horse Territory Management Strategy in accordance with the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq. (“Wild Horses Act”), USFS has yet to do so."
"To further this effort, we have been working to further protect the interests of the horses. This involve a pending appeal of the proposed Land Management Plan for the Apache-Sitgreaves National Forests, as well as coordinating meetings with local and regional representatives of USFS. WE are prepared to assist in the process of developing the much-awaited Heber Wild Horse Territory Management Strategy. Importantly, we have continue to monitor the Heber Wild Horse herd and have successfully prevent any further round-ups by USFS over the last several years." 
Anthony W. Merrill 
Polsinelli

2 Comments
Kathleen Hayden link
10/8/2016 10:29:30 am

While the 1971 Wild horse and Burro Act was passed to protect and ensure America’s wildlife Heritage of horses and burros, apparently the agencies continue to abdicate their fiduciary duty by converting thousands of a “special status protected species” for commercial purposes, sale, and adoption.
By operation of historic preservation laws America’s Wild Horse Culture must be managed as such.
See: The Age of Horse Culture: American Indian Horsemanship | Spanish file:///C:/Users/Kathleen/Documents/Horse%20Culture%20%20American%20Indian%20Horsemanship%20_%20Spanish%20Mustangs.htm.
AND:
http://www.blm.gov/style/medialib/blm/wo/Information_Resources_Management/policy/blm_manual.Par.23101.File.dat/8110.pdf
AND BLM Manual on Identifying Cultural Resources.
Mustangsfile:///C:/Users/Kathleen/Documents/BLM%20manual%20Identifying%20and%20evaluating%20Cultural%20resources%208110.pdf.

Protocol Agreements with State Historic Preservation Offices
The national programmatic agreement governs the agency’s activities on federal, state and
private lands that may impact historic properties, including those historic properties of traditional religious and cultural significance to Tribes and other interested parties.
By Secretarial Order No. 3330 issued October 31, 2013 the Secretary established a
department-wide mitigation strategy to ensure consistency and efficiency in the review and
permitting of infrastructure development projects and in conserving our Nation's valuable natural and cultural resources by (1) using a landscape-scale approach to identify and facilitate
investment in key conservation priorities in a region, (2) early integration of mitigation considerations in project planning and design, (3) ensuring the durability of mitigation
measures over time, (4) ensuring transparency and consistency in mitigation decisions, and (5) a focus on mitigation efforts that improve the resilience of our Nation's resources in the face of climate change;
See http://www.achp.gov/blminfo.html
BLM completes Revision of all State Protocols
February 11, 2015
The ACHP (The Advisory Council on Historic Preservation promotes the preservation, enhancement, and
sustainable use of our nation’s diverse historic resources, and advises the President and the Congress on national historic preservation policy) is pleased to note that the Bureau of Land Management (BLM) has completed revisions of all state Protocols, which define the relationship between a state's BLM staff and an individual State Historic Preservation Officer (SHPO). BLM's revised National Programmatic Agreement (nPA), which was executed with the National Conference of State Historic Preservation Officers and the ACHP in 2012 and amended in 2014, called for the BLM-SHPO Protocols to be updated by Feb. 9, 2015 to reflect the changes in the nPA. Since October 2014, revisions to Protocols have been completed in Arizona, Colorado, Montana, Nevada, New Mexico, and Oregon, with Utah completing a similar document for small-scale undertakings. These Protocols spell out how BLM offices will work with the SHPO: cooperating on preservation planning and public outreach efforts, sharing information, meeting reporting requirements, and consulting on Section 106 undertakings. The Protocols do not alter BLM's responsibilities to consult with Indian tribes or other consulting parties under Section 106.

The Desert Renewable Energy Conservation Plan (DRECP) was developed by the Bureau of Land Management (BLM) to help locate renewable energy development in the most appropriate locations on 10 million acres of land managed by the Bureau of Land Management (BLM) in southern California. A Programmatic Agreement (PA) to address how historic properties will be taken into account in that process was executed on February 5, 2016, by BLM State Director Jerome E. Perez, California State Historic Preservation Officer Julianne Polanco, and Chairman Milford Wayne Donaldson of the Advisory Council on Historic Preservation. This agreement marks a significant step forward in the BLM's efforts to incorporate historic preservation values in its planning efforts.
I have just received notice that BLM has refused to include my comments re wild horses and burro herd areas, and seeking legal representation.

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Sandy Springs Snow Removal link
9/22/2022 05:33:05 am

Yoour the best

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