Monthly Archives: April 2014

Article 1: The Wild Horse and Burro Program Operating Legally or Illegally? Ethically or Unethically? Or Both?

hangin with babe

“Nietzsche says, ‘Man is the sick animal.’ Man is the animal that doesn’t know what to do with itself. The mind has many possibilities, but we can live no more than one life. What are we going to do with ourselves?” ― Joseph Campbell, The Power of Myth

Allow me to take a few minutes of your time and write about The Wild Free-Roaming Horses and Burros Act of 1971, (Public Law 92-195). The following is my perception as well as that of several Federal Circuit Court Attorneys; so not only a common sense approach to this act is discussed, but the jurisprudence of the Law itself is also placed into a common and understandable perception.

First, and very applicable within this context is the fact I am an American, a Vietnam Veteran, a Horseman, an outdoorsman, and a concerned citizen. I believe protecting America’s Heritage, the Wild Horses’ currently on our Public Lands, as well as those being abusively placed in storage by the Bureau of Land Management personnel, and many sent to slaughter illegally, is of significance, and within the context of this paper as well.

The Basis of the WFRH&B Act of 1971

Getting through the basics of the situation — the fully amended reference is from January 6, 2006 and Amended Act at that time, and referenced here. It was downloaded from a BLM Internet site that outlined the HMA (Horse Management Areas) in both Oregon and Washington.

The basis for the WFRH&B Act of 1971 being established, was due to the ongoing abuse of the Wild Horse Herds located on Public Lands. The psychotic abuse of animals from what is termed Welfare Rancher’s and slaughter house contractor’s, noted today as KB’s or Kill Buyers, many seen as inhumane and unwanted behavior within a modern society. American’s stepped forward and demanded action, essentially to stop the abuse and the arrogant, and often tragic consequences of such behavior.

The government decided to take action, to resolve such a bad circumstance, taking the overall responsibility of “protecting” America’s Wild Horses; the Wild Horses remain one of America’s significant Historical Icons of the Old West, of a Heritage no one wants to see become extinct.

We should not fool ourselves here, as there exists no other Icons from the west — our wild horses are the last of the Old West Icons — the last of a Western Heritage what so ever. Odd, isn’t it, that those who want to make money on our Public Land’s, the Welfare Rancher’s in America, claim a similar Heritage; but in reality are not even close to the Old Western style rancher’s — The Old Western Rancher’s had a work-ethic, the new Welfare Rancher’s have an Entitlement-Pathos, where subsidies from taxpayer money exists. Ethics non-existent from these modern rancher’s of today.

America’s Wild and Free Roaming Horses is what’s left, and the same people, for the same reasons stemmed from ignorance and profits, that turned everything else of the old west into a shamble’s, is now doing the same to America’s Wild Horse Herds.

The items discussed in this paper, are the more significant situations, and ironically the same elements that the BLM and other government agencies have forgotten and arrogantly ignore continuously. Either way the BLM and DOI remain breaking the Law, and snub in total America’s political and legislative process to enact laws and the reasoning to do so. . .

§1331. Congressional findings and declaration of policy

Congress finds and declares 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; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; 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 lands.

This captivates the very reasoning to legally defend Wild Horses. It indeed captures the overall understanding and meaning and reasoning in establishing the Law itself. This begins the actual language, the thesis if you will allow, for the preponderance of responsibility.

The factors outlined within this thesis also proclaim protection — meaning our government in America takes full responsibility to protect this significant resource of historical and of our heritage values. This was, and remains today, that modernization and corporations did not coexist with such wildlife as the Wild Horse Herds on Public Lands – meaning this Law was meant to “protect” them from the very things that inhibit and destroy them currently – for some reason this is being ignored by both government agencies and legislator’s alike. . .

Horse Management Areas were also established, and considered significant areas for America’s Wild Horses to roam freely, without being harassed, captured, branded, or sent to slaughter. This also ignored by BLM today. . .

Legally, the remainder of the Law turned into something arbitrary, and distant from the beginning and reasoning for it to become Law. In the beginning the Law passed unanimously in America’s legislative process in 1971.

I might add here it passed also with blessings from many, many American’s at the time. The confidence of American’s who felt and believed, at that time, that the Wild Horse Herds were then “protected” and the belief in Law was paramount, and that it did mean something of significance, something of importance — unlike today.

This Law also created a calm within the controversy. Many also felt that changes, adaptation or Amendments, made to this Law could not be attempted or confirmed without the opinion of not only legislator’s, but the citizen’s of America. It was, at that time, a Law passed for American’s, as the Law had to do with America’s History and the common folks that build this land. Then in come the Corporations and government agencies that did not understand this situation or reasoning for such a Law.

After all, it was a favored Law by America’s majority – but within history we find the shenanigan’s of ruthless and even criminal legislator’s with Special Interest Groups who indeed steal not only tax money, but everything else from the common folks of America! Oddly, these people feel entitled to do so!

So two Senator’s, Burn’s and Reid, placed into an Appropriations Amendment Bill the night before being signed by the President, (in the 1980’s, and did not comply with Jurisdiction Entry or Confirmation – see the Burns and Reid Interview on ) and the Law changed.

Also acknowledged here is the Fact that the Burn’s Amendment, due to not being discussed, Confirmed or Ratified by either Congress or the Senate, in truth was attached as an illegal trailer. The fact is this trailer can be nullified immediately and for several reasons; although, it has not been done or even questioned. The Burn’s Amendment was dealt with as if it was legal, but it is not.

Unless, of course, a few Senator’s and Congressmen unofficially Ratified the Burns Amendment. But the Senate and Congressional Ethics Committee would have Jurisdiction over that situation. So once again we find the DOI and BLM conducting business on myth rather than Law.

§1332. Definitions

As used in this Act-

(b) “wild free-roaming horses and burros” means all unbranded and unclaimed horses and burros on public lands of the United States;

(1) which have been removed from an area by the Secretary pursuant to application law or,
(2) which must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area.

For every law there exists definitions. Once again we find the legal “terms” and the management of the Wild Horse Herds not abiding by the terms installed in the Law. The terms put an end to any confusion, or someone “making up” a term and using it as Law. The best examples here are the terms “Feral Horse” the BLM and Department of the Interior (DOI) expect the legal community to accept – but indeed do not, as the term is non-existent within this particular Law. The case simple, the terms are not included within this legislative law, at least up to this point, and for very good reasoning – Wild Horses Roam, so what was acknowledged, referenced from points made by knowledgeable legislators when the law written. At the time they felt no need to enhance this definition, as common sense, so they believed, would take its course and many would obey the preponderance of the Law and of the situation as well.

Note: It is the “Assumptions” of this Law which make it weak, when government agencies twist and turn the meaning toward something abstract or confusing – that is why we abide by the Laws as written, and follow them as written, as there exist too many perceptions when dealing with abstraction of terms and words.

So we find, in accord with the Federal Law, that Wild Horses and Burros can be not only wild and roam into non-federal lands and remain protected, but we find horses can be, indeed, released into the wild and become, under this law, “Protected” from all the “Protection” given to Wild Horses and Burros! (Legal point by Federal Circuit Attorney given here) Understanding this is important, both of the above, as we continue within this document.

§1333. Powers and duties of Secretary

(a) Jurisdiction; management; ranges; ecological balance objectives; scientific recommendations; forage allocations adjustments.

. . . The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. He shall consider the recommendations of qualified scientists in the field of biology and ecology, some of whom shall be independent of both Federal and State agencies and may include members of the Advisory Board established in section 1337 of this Act. All management activities shall be at the minimal feasible level and shall be carried out in consultation with the wildlife agency of the State wherein such lands are located in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species. Any adjustments in forage allocations on any such lands shall take into consideration the needs of other wildlife species which inhabit such lands.

When checking with the reference material for this particular section, it was the Legislator’s belief that “. . . a single government agency staff, alone, would not be reliable or thoroughly depended upon, to conduct reasonable occurrence of appropriate decision making, which would and will become problematic to include illegal activity. . . often perused when there exists no chain of responsibility or reporting to a superior, supervisor, or Director. . .” – yes, even then the DOI and BLM were under scrutiny and not to be trusted.

The fact is — to conduct decisions when, for example, cattle have been taken out of the process and data gathering entirely, then the science becomes of no use what so ever. Yes, again we find illegal activity in regard to the overall assumption and power of this particular Law, being ignored in total – ironically, being accomplished by a government agency, who under the jurisdiction of Federal Administrative and Management Laws, are and remain in contempt of these Laws as well.

Up to this point the WFRH&B Act of 1971 has obviously been and continues to be violated by BLM and DOI. . . One could write a book about all of this, but this will be continued within Article 2 of 3. We have all found it hard to believe the Justice Department, American’s also, would allow, upon any type of lightweight scrutiny of the BLM, to allow our Heritage, and such animals and Icons as the Wild Horses’, be destroyed.

Many American’s stand back and just shake their heads – sadly – waiting for our Justice System to take action upon this rogue government agency. . .


Right now I will leave you with this:

The American wild horse has long been considered a cultural icon and an integral part of the ecosystem. In recognition of the need for wild horse protection, Congress enacted the Wild Free-Roaming Horses and Burros Act in 1971. Although the Act instructs Congress to manage the wild horse population by removing “excess” wild horses from public lands, it does not explicitly provide for the use of short- or long-term holding facilities as a means for removal.

In considering the legality of the use of holding facilities in the service of wild horse removal programs that the plaintiffs deplore, two district courts have come to opposite conclusions on the standing issue of how directly the plaintiffs’ injury must be linked to the particular action being challenged. This Note argues that if the wild horse dispute comes before the Supreme Court in the form of a circuit split, the Court should hear the case to resolve lingering ambiguities in standing causation. Specifically, the Court should apply proximate cause analysis to the standing causation inquiry, as this would promote many of standing’s underlying functions and also benefit advocates. (i.e. Nadia Aksentijevich, An American Icon in Limbo: How Clarifying the Standing Doctrine Could Free Wild Horses and Empower Advocates, 41 B.C. Envtl. Aff. L. Rev. 399 (2014),



Posted by on April 24, 2014 in Uncategorized


Wild Horses, Wolves, and American’s Almost Extinct Species

john Oregon Beach

“Scientists know we must protect species because they are working parts of our life-support system.”
— Paul Ehrlich, Entomologist, Population Biologist, Bing Professor of Population Studies and president, Center for Conservation Biology, Stanford University, California

We are watching a serious situation unfold throughout America. We are also currently being convinced it’s okay for this to happen! It’s the very extinction of America’s Wildlife, due to ignorance! Profoundly, conducted by our government agencies and those connected, via subsides and grants within corporations and other private industry, who assists in this venture. It is a very grave and difficult circumstance to observe. The seriousness of this offensive situation to be taken as a priority to react, and stop this nonsense immediately!

America’s Wild Horse Herds, as well as Wolves, serve as an example of this misconduct by our government agencies, corporations, hunter’s, and rancher’s alike. This also includes numerous other species, on the verge of extinction, and overwhelmingly too numerous to mention here (i.e. yes, the list sadly a long one).

The point within a nutshell explanation – the methodology of government misinformation / propaganda (used to promote their extremely large budgets by falsification) has spilled-over into public access; their reasoning irrelevant here as the damage has been done.

Keep in mind this same information is used in many instances within propaganda-filled political speeches, within corporate reasoning for their destruction of both Public and private lands, within the outright killing of our natural as well as wildlife resources in America – and essentially America is a good example, currently, of living these lies!

History is riddled with examples of governments and media that lacks supporting evidence, or is slanted to push an agenda. But government or media messages are only two potential components of misinformation campaigns. It could be said that, in general, the true power of such campaigns lie with the public, or audience, and how thoroughly they accept these messages.


From a very simple amount of misinformation – to the complicated, based on a lot of work looking at propaganda over several decades, a government misinformation campaign is defined as one in which the government intentionally distorts and/or promotes some very questionable information for public dissemination for a particular purpose. Usually the purpose is to gain support for a policy, an action – Wild Horse’s and Wolves examples:

1. Information in regard to false EPA Reports and the requirement for truthful Environmental Assessment being completed;

2. Falsifying or eliminating (e.g. cattle graze) data from grass-lands study – make no doubt a very significant exclusion indeed, placing the blame on other hooved animals when indeed it is NOT them at all, but the cattle;

3. Falsification of regulated wildlife heard counts (i.e. deer, Elk, etc.) and claims of over-kill by predator’s (unsubstantiated by truthful scientific data gather, as referenced by many well known scientist’s and biologists in this field);

4. Guesstimates and population-range counts of wildlife currently given by government agencies, no doubt and obviously side on the elements of regulatory situations, rather than truth – when reasoning for Wolf Kill or Wild Horse Herd Roundups to be completed, and the information given to the public, the counts extremely erroneous and favoring the demand for Management-by-Kill paradigms – even though information seriously false and very obvious as such.

In some instances, more typically, the information is partially true and a certain clear slant is given to it. We’ve known since World War II and the work by the Nazi propagandist Joseph Goebbels that extreme blatant lies that fly in the face of what an audience directly experiences doesn’t work very often; although the Bureau of Land Management and the Department of the Interior consistently proves that wrong as well. So Goebbels argued that sometimes it’s more important not to deny, say, that a building was bombed, but rather to give it a particular spin to, for example, minimize the damage.

A successful misinformation campaign plays off of several situations. It will seemingly go along with public opinion, it will play off of fear, but most often plays off a lack of evidence – but we do find the evidence later on, and why there exists so much debate now. Those are key things, and that the message is visual, and that it is repeated with some of the same kind of language and discourse—”Here the enemies are again. There they go again.” It can be very effective, these distraction and chaotic confusion elements not to be ignored either.

How things get cast and then ratcheted up as being more important is always fascinating. This is something that strategists, or manipulators, work at very carefully. We call it framing.

How can we frame this issue in a way that will tap into something people are already worried about – such as cost and equating cost with a distraction or confusing element, or just creating a lie about what the cost may be — and that will, and does discredit some other point of view? The cost of keeping our Cowboy and Ranch heritage (falsely assimilated as American’s apathetic to these types of unknowns), however, is almost never an issue because this is something that we just have to do – also most often created, falsely, from distraction, fear, or chaos – or the best of the working set, all three.

This Heritage non-existent today, only kept within the custody of Propaganda (a theater of the mind only, and yet costly to taxpayer’s), manipulating the public’s belief that our government is doing something, rather than simply spending tax money frivolously — consider how our government is saving this Heritage they speak about, in reality they do not do so at all — disappeared among the Fracking sites, oil wells, energy platforms, cattle, etc., and locate that Heritage if you can!


So allow me to further the Wild Horse and Wolves examples, which will give you a perspective on how they drive the general public’s attention away from the Wild Horse Herds or Wolf extermination.

By looking at statements people made in the news media, by looking at opinion polls, listening to spokespersons and so forth, we’re able to start piecing together the kinds of views that people have.

Ironically, the capacity to stir misinformation toward saving the Wild Horse Herds from their natural environment and from starving, to send them to slaughter later, is significantly an oxymoron! But the general Public was convinced of this as a factual circumstance!

Wild Horses do not starve in their natural surrounding, that is, unless human’s have trespassed into their environment and destroyed something significant to their well-being. Horse Management Areas were derived, and payed for by taxpayers, so, indeed, the Wild Horse Herd Environments would not be destroyed! But the government agency paid by taxpayers to manage these areas, have indeed allowed them to be destroyed! Why?

Propagandist’s, in this situation setup their distraction – the starvation of wild horses – which developed into a false discussion of the same, distractingly so, as the truth of the matter (mentioned above) never seemed to reach the general public, nor accepted by the time the truth obvious.

But this type of authority, a government agency, wanted us to see the Wild Horse’s as needy, not tough enough to sustain nature, or live for very long in the winter cold – even though they have survived for centuries (the stupidity factor, or common sense, plays a role here, but the general public does not operate on common sense any longer).

Also, in the case of horses they had to destroy the historical heritage aspects, as well as the peaceful nature of horses – although wild as well — and the natural breeding hierarchy, which in reality keeps their population low; which man’s interference made the increase exponentially and unnaturally in wild horse populations, if the BLM counts relatively accurate, which they are not. Confusion follows and BLM finds it necessary to “not” end the confusion, as it supplements’ the situation, for larger budgets and subsidies to welfare ranchers and corporations, making it much easier to do so without scrutiny — The case for criminality does exist here, if only the Department of Justice would take action!

Now they say we have a Wild Horse problem in America – in truth that is false, as we have an intrusion problem from government and welfare rancher’s being the direct cause, with no Wild Horse problem at all!

The aspect of family within Wolf Packs and how they can enhance a forestry environment by being predator’s overseeing deer or Elk herd populations in a natural management perspective, is not given to the general public either. So the Propagandist will have you ignore, displaced by misinformation, the natural facts, replaced by hate, animosity, ignorance, and data manipulation of scientific reports. The Wolf situation remains a good example of this right now. Ignorance prevails here, nothing more. . . and again quite costly to taxpayers.

It has been shown it becomes very easy for the general public to support a Wild Horse Herd Roundup, the killing of more and more Wolves (out of fear as well, from misinformation), and on it goes – and once that happens, the whole argument shifts.

It’s no longer, “Are we right in our action?” “Was the original information correct that led us to this action?” It shifts from that to “Well, now we have to support the roundups to save the wild horses, or we support the hunter’s as the wolves will kill us if we don’t!” Sounds ridiculous, well guess what, it is ridiculous when one thinks about it! It becomes worse, the displacement toward those who are giving the public at large the truth, are then termed terrorist’s, or other negative and disgusting, packed with hate, denouncements toward humans in general.


Has American politician’s attempt to make Propaganda legal? Absolutely!

“The amendment would “strike the current ban on domestic dissemination” of propaganda material produced by the State Department and the Pentagon, according to the summary of the law at the House Rules Committee’s official website.” – Bi-partisan amendment to the defense authorization bill in 2012 (a trailer ensued but was cut at that time), one that is sponsored by Rep. Mark Thornberry from Texas and Rep. Adam Smith from Washington state. The tweak to the bill would have essentially neutralize two previous acts—the Smith-Mundt Act of 1948 and Foreign Relations Authorization Act in 1987—that had been passed to protect U.S. audiences from our own government’s misinformation campaigns.

There are those Legislator’s that would like to keep the Bill alive, even today. . . The bill’s supporters say the informational material used overseas to influence foreign audiences is too good to not use at home, and that new techniques are needed to help fight Al-Qaeda, a borderless enemy whose own propaganda reaches Americans online.

Critics of the bill, and I concur, say there are ways to keep America safe without turning the massive information operations apparatus within the federal government against American citizens.

This is dangerous territory, and exploiting the “protect us from the terrorists” excuse isn’t good enough to trump protecting Americans from our own powerful government propaganda campaigns intended to sway public opinion.


Black Propaganda is against the law, still, in America – but there does exist “White Propaganda” and “Gray Propaganda” as well; Although, many government agencies use it, as well as misinformation (also against law, policy, regulatory actions, and management outlines).

It is disgusting that we, as American’s should be “putting-up” with this situation from our elected officials. . . Who and how voted these people into office? Oh, they lied to get into office – perhaps it is time to verify what these politician’s say, and how they go about business with thorough and checked references given to the public. Also their past accomplishments, deeds, or mis-deeds, and out of fairness their explanation toward their mis-deeds – YES, RESPONSIBILITY rears its ugly head once again! We expect no less from those potential employees who may work for us at one time or another!



Literature Cited
Abrams PA (2000) The evolution of predator-prey interactions: theory and evidence. Annu
Rev Ecol Syst 31:79-105
Angelstam P, Wikberg PE, Danilov P, Faber WE, Nygren K (2000) Effects of moose density
on timber quality and biodiversity restoration in Sweden, Finland, and Russian Karelia.
Alces 36:133-145
Aunapuu M, Dahlgren J, Oksanen T, Grellmann D, Oksanen L, Olofsson J, Rammul U,
Schneider M, Johansen G, Hyden HO (2008) Spatial patterns and dynamic responses of
arctic food webs corroborate the Exploitation Ecosystems Hypothesis. Am Nat 171:249-
Bachelet D, Lenihan JM, Daly C, Neilson RP, Ojima DS, Parton WJ (2001) MC1: A dynamic345 vegetation model for estimating the distribution of vegetation and associated ecosystem
fluxes of carbon, nutrients, and water. USDA General Technical Report PNW-GTR-508.
95 pp
Ballard WB, Whitman JS, Gardner CL (1987) Ecology of an exploited wolf population in
south central Alaska. Wildlife Monogr 98:1-54
Berger J (2005) Hunting by carnivores and humans: Does functional redundancy occur and
does it matter? In: Ray J C, Redford K H, Steneck RS, Berger J (eds) Large Carnivores
and the Conservation of Biodiversity, Island Press, Washington, D.C. pp 315-341
Bergerud AT, Wyatt W, Snider B (1983) The role of wolf predation in limiting mouse
population. J Wildl Manage 47: 977-988
Bergerud AT, Elliot JP (1985) Dynamics of caribou and wolves in northern British Columbia.
Can J Zool 64:1515-1529
Beschta RL, Ripple WJ (2011) The role of large predators in maintaining riparian plant
communities and river morphology. Geomorphology doi:10.1016/j.geomorph.2011.04.042
Beschta RL, Ripple WJ (2007) Wolves, elk, and aspen in the winter range of Jasper National
Park, Canada. Can J For Res 37:1873-1885
Beschta RL, Ripple WJ (2009) Large predators and trophic cascades in terrestrial ecosystems
of the western United States. Biol Conserv 142:2401-2414
Beschta RL, Ripple WJ (2010) Mexican wolves, elk, and aspen in Arizona: Is there a trophic
cascade? For Ecol Manage 260:915-922
Borer ET, Seabloom EW, Shurnin JB, Anderson KE, Blanchette CA, Broitman B, Cooper S
Crête M (1999) The distribution of deer biomass supports the hypothesis of exploitation
ecosystems. Ecol Lett 2:223
Daly C, Bachelet D, Lenihan JM, Neilson RP, Parton W, Ojima, D (2000) Dynamic
simulation of tree-grass interactions for global change studies. Ecol Appl 10:449-469
Diamond J M (1983) Ecology: Laboratory, field and natural experiments. Nature 304:586-587
Dixon RK, Solomon AM, Brown S, Houghton RA, Trexier MC, Wisniewski J (1994) Carbon
pools and flux of global forest ecosystems. Science 263:185-190
Estes JA, Terborgh J, Brashares JS, Power ME, Berger J, Bond WJ, Carpenter SR, Essington
TE, Holt RD, Jackson JBC, Marquis RJ, Oksanen L, Oksanen T, Paine RT, Pikitch EK,
Ripple WJ, Sandin SA, Scheffer M, Schoener TW, Shurin JB, Sinclair ARE, Soulé ME,
Virtanen R, Wardle DA (2011) Trophic Downgrading of Planet Earth. Science 333:301–306
Fretwell SD (1977) The regulation of plant communities by food chains exploiting them.
Perspect Biol Med 20:169-185
Terborgh J, Lopez L, Nunez P, Rao M, Shahabuddin G, Riveros M, Ascanio R, Lambert TD,
Adler GH, Balbas L (2001) Ecological meltdown in predator-free forest fragments.
Science 294:1923-1926
Terborgh J, Estes JA. (ed.) (2010) Trophic Cascades: Predators, Prey, and the Changing
Dynamics of Nature. Island Press, Washington, DC 464 p
Trumbull VL, Zielinski EJ, Aharrah EC (1989) The impact of deer browsing on the Allegheny
forest type. North J Appl For 6:162–165
Van Ballenberghe V (1987) Effects of predation on moose numbers: a review of recent North
Amercian studies. Swedish Wildlife Research Supplement 1:431-460
Wilmers CC, Post ES, Peterson RO, Vucetich JA (2006) Disease mediated switch from top486
down to bottom-up control exacerbates climatic effects on moose population
dynamics. Ecol Lett 9:383-389
Woodroffe R, Ginsberg JR (2005) King of Beasts? Evidence for guild redundancy among
large mammalian carnivores. In: Ray JC, Redford KH, Steneck RS, Berger J (eds.) Large


Posted by on April 22, 2014 in Uncategorized