FAA   PART 91—GENERAL OPERATING AND FLIGHT RULES

§ 91.13   Careless or reckless operation

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.

(b) Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.

Dangerous and Unsafe to Horses

Sometimes things get so far fetched and out of hand that someone, anyone, must step forward and say something.  The situation where so many Americans and taxpayers are stepping forward and “saying something” about the Wild Horse Herd Roundups, continue being ignored, is very troubling indeed.  The thing about helicopter roundups, while doing a gather of Wild Horse Herds throughout the Bureau of Land Management (BLM) lands is this:

Wild Horse Herd Roundups while using a helicopter to do so, are dangerous for the horses, abusive for the horses, deadly to the horses, apparently (experience and witnessed) abusive toward people stating their opposition to it, and extremely questionable in regard to “Ethical” or “Sane” standards and principles of horse management.  The abuse is ongoing and the actual killing of wild horses’ is done on a daily basis within this type of procedure, Helicopter Roundups.

Just a few of the things witnessed or video tapped in regard to helicopters used in Wild Horse Herd Roundups.

1. Helicopter pilot, while operating the helicopter, swooped down upon one horse, hit the horse with its bottom runner, pushing it over an embankment, breaking its leg, then its neck – the horse a mare, with foal, the foal so shook-up and scared also toppled over the embankment and broke its neck;
2. Another similar incident on the flats, where a helicopter pilot swooped down upon one horse, tapped it with its bottom runner, the horse scared, eventually worn out from running, collapsed – this situation happens over and over again, with no supervisory staff from the BLM telling the pilot to stop this activity, and within any of the roundups;
3. A private citizen, while searching for the roundup holding pen area, an  alone woman on a dirt road in the middle of nowhere, was swooped down upon, then the pilot hovered over the woman for awhile at approximately 20 feet above her, while attempting to coerce or intimidate her to leave the area and not observe the roundup;
4. A pilot swamped a small herd of horses with the helicopters backwash.  This scared and unnerved the horses to the point of one foal being trampled to death, another older mare running until exhausted, then keeled over dead, and many more incidents of similar if not the same types of situations happening.

The fact is our government, for money, treats the Mullet or “Sucker Fish” with more respect than a horse, and that’s downright unacceptable to us all.  Also keep in mind these incidents mentioned above are in no way isolated, rather, they happen almost daily and during the wild horse herd roundups when using helicopter.

Government Property (i.e. 52.245-1 “Government property”)

Currently our government and the BLM has condoned this situation of illegal activity, malpractice, abusive behavior, lack of ethics, or lack of consideration toward animals what so ever (review list of laws at end of article).  The killing of horses continues.  This is regarded by many decent people, Americans and taxpayers, as well as horse owners, to be a situation that is totally unacceptable.

The horses are considered government property (i.e. 52.245-1 “Government property”) which means all property owned or leased by the Government, in another words owned by you and I as taxpayers.  It is that simple, yet so neglected by officials of our government and the BLM – Why?

Illegal Activity as Prescribe by 18 U.S.C. #1361

It is time either these Private Contractors, hired by the BLM, pay the government back for neglectful treatment and destruction of government property, or be fined (as prescribed by law $100,000 per occasion) and jailed (minimum 1 year in jail) as described in “1666 — Destruction of Government Property—18 U.S.C. § 1361.”  This must not and cannot be tolerated, and should have never been tolerated what so ever.

Again, it is that simple, yet so neglected by our government officials and the BLM.  As taxpayers and Americans we all ask — Why?

For proof of such conduct we can review many reports, as well as newspaper and magazine articles such as the example below.  Never the less many more articles and eyewitness details remain plentiful on the Internet and magazines alike, and referenced by videos to document the occasion:  “November 11, 2010 “BLM Roundup in Oregon Claims Lives of 9 Wild Horses in First Week.”

This story – “Another Stallion Dies after Breaking Neck”, as well as many others, are abundant.  And just as similar to many more — it continues, “Nine mustangs have died in the first week of the Bureau of Land Management roundup in the Warm Springs Herd Management Area (HMA), southwest of Burns, Oregon.”

Many articles and observations by people such as you and I remain a deadly example of helicopter roundups, and the deadly situation that exists while using them.  They are killing America’s Wild Horse’s discriminately, with callous and arrogant attitudes to follow-up and when questioned about such activities.  Most often the excuse is they are either “Just doing our jobs,” or the other which consists of finishing their job faster.  When paid “Per Head” the faster they get done the more profitable the situation is to the private contractors.  But this is at the expense and killing of many horses, government property, and taxpayers’ property, and illegal as prescribed and mentioned again here so there is no confusion, by 1666 — Destruction of Government Property—18 U.S.C. § 1361. 

Apparently, the BLM Police Force, who should know this, ignores it, why?  Does the BLM have laws that we do not know of, or do they simply feel the laws in the United States do no apply to them what so ever?  These are significant questions, not innuendo any longer, and many taxpayers and Americans alike want answers.

Harassment to a person by Helicopter Pilot at Roundup

“The helicopter,” (i.e. see FAA   PART 91—GENERAL OPERATING AND FLIGHT RULES Rule 91-13 Careless or reckless operation), “was very low maybe twenty to thirty feet above my car. I walked to about the middle of the top of the hill and the helicopter lifted, the pilot saw me and flew over the top of me hovering and circling about twenty to thirty feet above me. I was confused and did not know what to do so I waved at him, in a kind of “Hi, What’s going on” way.”

“He was so close that I could see his face and he appeared very angry and continued to aggressively circle me and hover over me.  I was so surprised at first that I did not think to lift my camera and take a picture but as he continued to hover and follow me I remembered and took a couple of photos of the helicopter.” Lee Jones, Activist, horse owner, and practices true Horsemanship.

Miss Jones was simply a bystander at the roundup mentioned above, essentially being threatened by the pilot of the helicopter.  Ironically, she was not within proximity of the roundup what so ever.  She was also by herself, unprotected, on an isolated dirt road in the middle of nowhere, and one can even say without any imagination, “Bullied”.  We can certainly ask, how did this pilot get away with this, such an atrocity and obviously and beyond question illegal.

Some have suggested this situation occurred at the request of government authorities who were “on-site” at the time.  This is certainly an obvious violation of FAA 91-13Careless or reckless operation of that helicopter pilot’s actions (sited above), and if the government officials at that site ordered that to be done, then we have an even larger problem, surmountable to a felony, make no doubt about that.

Abuse and Killing of Wild Horses Abundant

More examples are available for review at such Internet sites as “Wild Horse Education” and “American Wild Horse Preservation Campaign” and abound with on-the-spot witnessing of these occasions.  But these Internet sites, as already mentioned, are not rare, and many are available for perusal, with information and especially non-edited “Videos” of abuses and callous roundup activity.

All are during and while using a helicopter, and in violation of the same FAA PART 91—GENERAL OPERATING AND FLIGHT RULES 91-13 Careless and reckless operation regulation.  As well, almost all of the videos on the Internet show abuse by the helicopter pilots being abundant, and on many, many occasions.  As a matter of fact it can be said at almost “all” of the wild horse herd roundups when helicopters are used.  Also, as cited above, this type of behavior is illegal, or once again laws that pertain to the common folks inAmerica not applicable to the BLM or their private contractors?  Why not?  We need some answers here, and very soon.

BLM and Government Contractors

The helicopter companies, with ground crew to setup and coral the horses, are considered government contractors.  Consideration toward the horses does not exist at all.  When it is pointed out by spectators that the treatment is abusive, these same government contractors threaten law-suits, and costly maneuvering within the court system that costs taxpayers more money.  These threats have been abundant, ironically these same contractors use taxpayer money to file legal briefs and pay attorneys fees, as is the same with BLM administrators.  Once again everybody makes money on these Wild Horse Herd Roundups and at the expense of taxpayer money, with “0” return to the taxpayer.

There exists no reimbursement, or penalty within the contracts, toward the private contractors when they maim or kill a horse, and especially reimbursement to the taxpayers.  Above and beyond the contracts are the U.S.C. Codes of law, apparently ignored, which also define responsibilities of private contractors to manage the horses and conduct themselves in a responsible and “Legal” manner.  A contract is not needed here, or mentioned thereof to obey existing laws, in order to obey the laws first and foremost.

Taxpayers and Government Property

Make no doubt that these horses are defined as government property (i.e. 52.245-1 “Government property”).  Broken necks and broken legs are abundant as well, often leading to death, and again  are not reimbursed or compensated for at all, to the taxpayers.  There exist too many alternatives for there to be any death of horses what so ever, but are ignored by private contractors and BLM personnel alike.

Once again the taxpayers receive “the finger” from government agencies (the BLM especially) and when questioned about spending our hard earned money for activities that the majority of Americans and taxpayers are totally against.

This Journalist suggests going to the Internet and do a search yourself.  What you will find are a minimal amount of sites, to include the BLM sites, favorable to Wild Horse Herd Roundups.  In opposition to that you will find an overwhelming amount of not only Internet sites, but magazine articles, newspaper articles, and other information in regard to these roundups being unfavorable, people against the roundups, and not to be ignored, and for very specific and valid reasons.

Despite what the BLM offers as information, many other folks have observed the opposite, to include mistreatment.  Factual research and other pertinent information in regard to Wild Horse Herd Roundups are prevalent and “ALL” state beyond a doubt the roundups either unneeded, profoundly cruel, and mismanaged by the BLM.

1^st Amendment Rights Confirmed to Witness and Observe

Another situation decided by the Supreme Court, in District 9,San Francisco, states clearly that observers/press/witnesses can and should be at roundup sites.  This despite the millions of dollars the BLM spent to fight this issue in Courts; yes, our government agency versus the taxpayers, which is quite disturbing when considering their questionable conduct.  This was yet another frivolous use of taxpayer money, by the BLM, to defend a small specific special interest group, to essentially protect them from public scrutiny because of questionable and often illegal activities.

Yes, friends of legislators and attorneys, in a useless manner and attempt at taking away Constitutional Rights of all Americans, again, to make a buck for a few, and to hell with the taxpayers and Americans.

The BLM legal briefs placed in more than an obvious light, and do not want the roundups and their treatment of wild horses observed what so ever.  They lost their case!  Is this paramount to guilty?  In this case absolutely, make no doubt about that.  The Judge felt observation was required, a 1^st Amendment right to do so, by and for the public interest, to stop the insane mistreatment of horses, especially during the roundups.

This Journalist view is that we can be assured we live in a questionable time within American History.  Never has taxpayer money been used “Against Americans” within such a callous and deviant manner, by government agencies (in this case the BLM).

And yet it remains going unchecked by those entities, such as the Department of Justice, or a few legislators, as if nothing is happening at all.  Yes, once again we are confronted by yet another situation where the law only applies to a few, and evidently not the people who work at the BLM, or the private contractors that break these same laws almost daily.

The FAA law, in this case, is quite clear.  But apparently friends of friends of friends abuse these laws, while doing contrived favors for one another and within their position of responsibility while working for the government; which by the way is considered illegal activity and against policy, and supposedly not condoned by government administrators or the legal community – and yet . . .

What you can do here:  Non-Partisan Federal Investigation into the Bureau of Land Management and the Department of the Interior  http://signon.org/sign/non-partisan-federal?source=c.url&r_by=4161608

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A Brief Reference to Laws and violations of Roundups:

18 USC § 641 – Public money, property or records; 

10 USC § 909 – Art. 109. Property other than military property of United States—Waste, spoilage, or destruction

TITLE 18—CRIMES AND CRIMINAL PROCEDURE — § 1361. Government property or contract

Revision to Federal Acquisition Regulation, Part 45 and its Associated Clauses (FAR Case 2004-025) still liable for loss, damage, destruction, or theft of Government property that occurs under fixed-price contracts

FAA PART 91—GENERAL OPERATING AND FLIGHT RULES 91-13 Careless and reckless operation regulation

1666 — Destruction of Government Property—18 U.S.C. § 1361

“OMB circular No. A-123, Management’s Responsibility for Internal Control”

FAR clauses at 52.245-1> and 52.245-9, DFARS clauses 252.211-7007, 252.245-7001, 252.245-7002,   252.245-7003, and 252.245-7004

DFARS 242.202, Assignment of Contract Administration

Issue a Contract Deficiency Report (CDR) in Electronic Document Access (EDA) for those contracts lacking appropriate terms and conditions.  See  Contract Receipt and Review Instruction, paragraph 2.5.

Proper Property Loss Reports from Contractors: http://guidebook.dcma.mil/34/ReportsLINK11.pdf