SENATE BILL 23-275
BY SENATOR(S) Ginal and Will, Cutter, Jaquez Lewis, Priola;
also REPRESENTATIVE(S) Duran and Lynch, McLachlan, Amabile, Bird,
Brown, Froelich, Hamrick, Lindsay, McCormick, Soper, Valdez,
McCluskie.
C
ONCERNING MANAGING WILD HORSES , AND, IN CONNECTION THEREWITH,
AUTHORIZING THE CREATION OF AN ENTITY TO SUPPORT
MANAGEMENT OF WILD HORSE HERDS IN
COLORADO, SEEKING
LONG
-TERM SOLUTIONS FOR HORSES REMOVED FROM THE WILD
RANGE
, AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares:
(a) Colorado is home to four federally owned and protected wild
horse herds generally that are found within federal herd management areas
administered by the federal bureau of land management in accordance with
the federal "Wild Free-Roaming Horses and Burros Act", Pub.L. 92-195;
(b) Wild horses are protected under federal law in the areas where
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. they are presently found and are an integral part of the natural system of the
public lands;
(c) Federal budgets have not kept pace with the many needs these
wild horse herds have, and this underfunding has clear negative effects on
state equities, Colorado's vital agricultural industry, rangeland conditions,
wildlife, and more;
(d) Federal underfunding has exacerbated the challenging conditions
that negatively affect the health of wild horse ranges and federal herd
management areas, and this further affects state and private equities in state
programs and rangeland quality;
(e) Colorado has the opportunity to serve the diverse interests of
livestock owners, wildlife, and range health by supporting responsible wild
horse management, stabilizing herd numbers, and ending the unsustainable
cycle of population growth followed by removal of wild horses from the
range;
(f) Localized volunteers undertake the vast majority of care and
management for these herds. These groups provide hundreds of hours of
selfless work for the betterment of the wild horse herds, local communities,
and surrounding rangelands. Yet these groups have insufficient resources
to meet the need that exists and the growing challenges associated with
sustained drought, and they often struggle to find and retain reliable and
qualified volunteers to perform critical activities.
(g) Wild horse herds have long been a central part of the character
of Colorado and the West; in particular, they have been ingrained in the
history, culture, and current workings of local and ranching communities
and operators;
(h) Large helicopter roundups of wild horses, the condition of these
horses and herds, extended drought conditions, and our shared need to
ensure that Colorado rangelands and natural resources are well cared for
have been key concerns and challenges Colorado has recently faced, and
Colorado has a deep need and interest to address these concerns and
challenges to improve the situation;
(i) With current conditions, Colorado must take action to ensure that
PAGE 2-SENATE BILL 23-275 it maintains healthy wild horse herds and healthy rangelands and avoids key
challenges, such as wild horse herds that are too large for the health of the
horses, existing care systems, and rangeland;
(j) Colorado, federal land managers and external experts, the wild
horse advocacy community, and key partners such as volunteer networks,
conservationists, and the ranching community have worked together to
identify strategies that would capitalize on current conditions, create a
sustainable way to improve the care of our wild horse herds, and care for
Colorado's natural resource equities;
(k) The federal bureau of land management in Colorado has recently
invested additional funding in key herd management areas to improve
conditions for wild horses and wildlife and is interested in partnering with
the state, wildlife organizations, and wild horse advocates, and this interest
further underscores the opportunity Colorado has to work with federal and
stakeholder entities, creating real outcomes that will promote range health,
horse herd health, and the health of Colorado's agricultural and local
economies;
(l) After extensive evaluation, the following efforts have been
identified as highly effective, highly efficient, and worthy of fostering:
(I) Providing state-level coordination, partnership development, and,
in particular, volunteer and paid human resource development to support the
existing work of the friend groups in delivering contraceptives through
darting;
(II) Rangeland care, including fence repair and replacement;
(III) Installing and maintaining infrastructure needed to support the
well-being of rangelands and wild horses; and
(IV) In particular, growing partnerships and networks to support
wild horse management;
(m) With the public's strong interest in, care of, and love of wild
horses, Colorado has an opportunity to catalyze a self-sustaining, but
state-supported, independent entity that will draw from private gifts, grants,
and donations to conduct its work;
PAGE 3-SENATE BILL 23-275 (n) The core work of the independent entity will be to foster diverse
and creative partnerships and enlist a broad and diverse, but reliable and
sustainable, community to ensure the long-term sustainability of Colorado's
wild horse herds and rangelands;
(o) The wild horse project could include engaging and funding
volunteer networks, engaging veterans' organizations or other organizations
that have members with existing shooting skills for darting efforts, engaging
and creating partnership or funding opportunities in local and ranching
communities with close proximity to the herds, or numerous other potential
creative partnerships; and
(p) Through state action in creating the foundation from which these
activities can launch, Colorado efficiently and effectively solves a multitude
of challenges for a diverse range of interests in our state.
SECTION 2. In Colorado Revised Statutes, add article 66 to title
35 as follows:
ARTICLE 66
Colorado Wild Horse Management Support
35-66-101. Definitions. A
S USED IN THIS ARTICLE 66, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "B
UREAU" MEANS THE UNITED STATES BUREAU OF LAND
MANAGEMENT IN THE DEPARTMENT OF THE INTERIOR
.
(2) "C
OMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE
OR THE COMMISSIONER
'S DESIGNEE.
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE .
(4) "D
IRECTOR" MEANS THE DIRECTOR OF THE WILD HORSE PROJECT .
(5) "F
ERTILITY CONTROL PROGRAM " MEANS THE WILD HORSE
FERTILITY CONTROL PROGRAM CREATED IN SECTION
35-66-107 (1).
(6) "F
UND" MEANS THE WILD HORSE PROJECT FUND CREATED IN
SECTION
35-66-104 (1).
PAGE 4-SENATE BILL 23-275 (7) "STEWARDSHIP PROGRAM " MEANS THE WILD HORSE
STEWARDSHIP PROGRAM CREATED IN SECTION
35-66-106 (1).
(8) (a) "W
ILD HORSE" MEANS A MEMBER OF A SPECIES OF THE GENUS
EQUUS THAT IS FREE ROAMING AND THAT IS HISTORICALLY ASSOCIATED WITH
COLORADO AND WITH THE WESTERN UNITED STATES.
(b) "W
ILD HORSE" INCLUDES WILD FREE-ROAMING HORSES AND
BURROS
, AS DEFINED UNDER THE FEDERAL "WILD FREE-ROAMING HORSES
AND
BURROS ACT", PUB.L. 92-195, AND ANY OTHER FERAL HORSES ,
BURROS, AND MULES.
(9) "W
ILD HORSE PROJECT" MEANS THE COLORADO WILD HORSE
PROJECT CREATED IN SECTION
35-66-102 (1).
35-66-102. Wild horse project - creation - director selection -
operation - repeal. (1) T
HE DEPARTMENT MAY CREATE THE WILD HORSE
PROJECT
, WHICH, IF CREATED, IS A STATE-OWNED NONPROFIT ENTITY THAT
MANAGES AND OPERATES THE STEWARDSHIP PROGRAM AND THE FERTILITY
CONTROL PROGRAM
.
(2) (a) A
HIRING COMMITTEE IS ESTABLISHED TO HIRE THE DIRECTOR
FOR THE WILD HORSE PROJECT
. THE HIRING COMMITTEE CONSISTS OF FIVE
MEMBERS
:
(I) T
HE GOVERNOR OR THE GOVERNOR 'S DESIGNEE, WHO IS CHAIR OF
THE HIRING COMMITTEE
;
(II) T
HE COMMISSIONER OR THE COMMISSIONER 'S DESIGNEE;
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL
RESOURCES OR THE EXECUTIVE DIRECTOR
'S DESIGNEE;
(IV) T
HE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR
THE MAJORITY LEADER
'S DESIGNEE; AND
(V) THE MINORITY LEADER OF THE SENATE OR THE MINORITY
LEADER
'S DESIGNEE.
(b) T
HE HIRING COMMITTEE CREATED IN THIS SUBSECTION (2) SHALL
PAGE 5-SENATE BILL 23-275 HIRE THE DIRECTOR OF THE WILD HORSE PROJECT ON OR BEFORE AUGUST 1,
2023,
AND WITHIN ONE HUNDRED TWENTY DAYS AFTER A DIRECTOR RESIGNS ,
OTHERWISE LEAVES OFFICE, OR IS NO LONGER ABLE TO PERFORM THE DUTIES
OF DIRECTOR
. THE GOVERNOR MAY APPOINT AN INTERIM DIRECTOR UNTIL
THE DIRECTOR IS HIRED
.
(c) T
HE DIRECTOR SERVES AT THE PLEASURE OF THE HIRING
COMMITTEE
.
(3) T
O IMPLEMENT THIS ARTICLE 66, THE WILD HORSE PROJECT MAY:
(a) M
AKE PROPOSALS TO IMPLEMENT THIS ARTICLE 66 TO THE
BUREAU
, COMMISSIONER, AND DEPARTMENT;
(b) E
NTER INTO CONTRACTS AND MEMORANDA OF UNDERSTANDING ;
(c) A
DOPT AND USE A SEAL OR LOGO;
(d) B
UY, SELL, ACQUIRE, LEASE, AND OWN REAL AND PERSONAL
PROPERTY
;
(e) E
XERCISE ANY LEGAL AUTHORITY OR SEEK LEGAL REMEDIES
NECESSARY TO IMPLEMENT THIS ARTICLE
66;
(f) H
IRE STAFF; AND
(g) TAKE ANY OTHER ACTION REASONABLY RELATED TO
IMPLEMENTING THIS ARTICLE
66.
35-66-103. Wild horse project report - repeal. (1) O
N OR BEFORE
JANUARY 31, 2024, AND ON OR BEFORE JANUARY 31 OF EACH YEAR
THEREAFTER
, THE DEPARTMENT SHALL SUBMIT A WRITTEN REPORT TO THE
GOVERNOR AND THE APPROPRIATE COMMITTEES OF REFERENCE AS
DETERMINED IN ACCORDANCE WITH SECTION
2-7-203 (1). THE DEPARTMENT
SHALL ALSO PRESENT THE REPORT TO THE APPROPRIATE JOINT COMMITTEE
OF REFERENCE
, IN ACCORDANCE WITH SECTION 2-7-203 (2), AS PART OF THE
DEPARTMENT
'S "SMART ACT" HEARING. THE REPORT MUST INCLUDE A
DESCRIPTION OF THE MONEY SPENT
, GRANTS MADE, AND ACTIONS TAKEN TO
IMPLEMENT THIS ARTICLE
66, INCLUDING THE NUMBER OF HORSES TREATED
UNDER THE FERTILITY CONTROL PROGRAM
, THE NUMBER OF FOALS BORN THE
PAGE 6-SENATE BILL 23-275 PRIOR YEAR IN EACH HERD MANAGEMENT AREA , AND THE ACTIONS TAKEN
AND ACCOMPLISHED IN ACCORDANCE WITH THE STEWARDSHIP PROGRAM
.
(2) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027.
35-66-104. Wild horse project fund - legislative declaration -
repeal. (1) (a) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT ANY
MONEY RECEIVED UNDER THIS ARTICLE
66 FROM THE FEDERAL GOVERNMENT
OR FROM GIFTS
, GRANTS, OR DONATIONS IS CUSTODIAL FUNDS AND ,
THEREFORE, IS NOT SUBJECT TO APPROPRIATION.
(b) T
HE WILD HORSE PROJECT FUND IS CREATED IN THE STATE
TREASURY
. THE FUND CONSISTS OF GIFTS , GRANTS, AND DONATIONS;
PAYMENTS FROM THE FEDERAL GOVERNMENT IN CONNECTION WITH
ASSISTING IN THE MANAGEMENT OF WILD HORSES
; AND ANY OTHER MONEY
THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE
FUND
.
(2) (a) S
TATE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED
TO THE DEPARTMENT FOR USE BY THE WILD HORSE PROJECT TO IMPLEMENT
AND ADMINISTER THIS ARTICLE
66.
(b) (I) S
TATE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED
TO THE DEPARTMENT TO IMPLEMENT AND ADMINISTER SECTION
35-1-119
AND THIS ARTICLE 66.
(II) T
HIS SUBSECTION (2)(b) WILL BE REPEALED WHEN THE
DEPARTMENT CREATES THE WILD HORSE PROJECT
. THE COMMISSIONER
SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE DATE ON
WHICH THE CONDITION SPECIFIED IN THIS SUBSECTION
(2)(b) HAS OCCURRED
BY E
-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS
SUBSECTION
(2)(b) IS REPEALED, EFFECTIVE UPON THE DATE IDENTIFIED IN
THE NOTICE THAT THE DEPARTMENT HAS CREATED THE WILD HORSE PROJECT
OR
, IF THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE
NOTICE TO THE REVISOR OF STATUTES
.
(3) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
PAGE 7-SENATE BILL 23-275 (4) THE WILD HORSE PROJECT MAY SEEK AND ACCEPT GIFTS , GRANTS,
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF
THIS ARTICLE
66. THE WILD HORSE PROJECT SHALL TRANSMIT ALL MONEY
RECEIVED AS GIFTS
, GRANTS, OR DONATIONS UNDER THIS SUBSECTION (4) TO
THE STATE TREASURER
, WHO SHALL CREDIT THE MONEY TO THE FUND .
(5) (a) O
N THE EFFECTIVE DATE OF THIS ARTICLE 66, THE STATE
TREASURER SHALL TRANSFER ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS FROM THE GENERAL FUND TO THE FUND
.
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2025.
35-66-105. Working group for long-term solutions for off-range
horses - repeal. (1) (a) A
WILD HORSE WORKING GROUP IS CREATED IN THE
DEPARTMENT
. THE WILD HORSE WORKING GROUP SHALL IDENTIFY AND
PURSUE
:
(I) H
UMANE, NONLETHAL ALTERNATIVES FOR WILD HORSES THAT
ARE TAKEN OFF
-RANGE IN COLORADO OR HELD IN FEDERAL HOLDING
FACILITIES
, INCLUDING:
(A) A
STATE WILD HORSE PRESERVE;
(B) W
ILD HORSE SANCTUARIES OR CREATIVE COLLABORATIONS WITH
WILD HORSE SANCTUARIES
; AND
(C) OPPORTUNITIES FOR PARTNERSHIPS WITH THE STATE , INCLUDING
PROGRAMS CREATED BY THE GOVERNOR
'S COMMISSION ON COMMUNITY
SERVICE
, ANY DEPARTMENT OF CORRECTIONS PROGRAM , AND ANY CREATIVE
PARTNERSHIPS WITH STATE PROGRAMS
;
(II) O
PPORTUNITIES FOR LONG-TERM CARE AND MANAGEMENT OF
NONFEDERAL WILD OR UNCLAIMED HORSES CURRENTLY IN
COLORADO; AND
(III) PARTNERSHIPS AND OPPORTUNITIES TO ENSURE THE SUCCESS OF
ADOPTIONS AND LOCALIZED QUALITY ASSURANCE WHEN SUPPORTING
ADOPTION NETWORKS WITHIN
COLORADO.
(b) T
HE WORKING GROUP SHALL NOT CONSIDER OUTCOMES THAT
INVOLVE THE CREATION OF AN EASEMENT OR THE TRANSFER OF LAND
,
PAGE 8-SENATE BILL 23-275 GRAZING RIGHTS, OR OTHER SIMILAR PRIVATE HOLDINGS IF EITHER IS
AGAINST THE WILL OF THE LANDOWNER OR GRAZING RIGHTS HOLDER
.
(2) T
HE WILD HORSE WORKING GROUP CONSISTS OF AT LEAST
FOURTEEN MEMBERS
, INCLUDING THE FOLLOWING REPRESENTATION :
(a) (I) T
HE GOVERNOR SHALL APPOINT :
(A) A
REPRESENTATIVE OF THE GOVERNOR 'S OFFICE;
(B) A
REPRESENTATIVE OF THE DEPARTMENT OF NATURAL
RESOURCES
;
(C) A
REPRESENTATIVE OF THE COLORADO TOURISM OFFICE; AND
(D) A REPRESENTATIVE OF THE DEPARTMENT OF AGRICULTURE ;
(II) T
HE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR
THE MAJORITY LEADER
'S DESIGNEE;
(III) T
HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR
THE MINORITY LEADER
'S DESIGNEE;
(IV) T
HE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT
:
(A) T
WO REPRESENTATIVES OF NONPROFIT WILD HORSE ADVOCACY
ORGANIZATIONS
;
(B) A
RESIDENT OF THE WESTERN SLOPE; AND
(C) A NONPROFIT ENVIRONMENTAL CONSERVATION ORGANIZATION ;
(V) T
HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT
:
(A) T
WO REPRESENTATIVES OF THE RANCHING AND GRAZING PERMIT
HOLDER COMMUNITY
; AND
(B) A REPRESENTATIVE FROM EACH OF THE LOCAL ON -RANGE WILD
PAGE 9-SENATE BILL 23-275 HORSE ORGANIZATIONS THAT MAINTAIN MEMORANDA OF UNDERSTANDING
WITH THE BUREAU TO CONDUCT ON
-RANGE ACTIVITIES;
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL
RESOURCES SHALL APPOINT A REPRESENTATIVE OF THE STATE BOARD OF
LAND COMMISSIONERS
; AND
(b) (I) THE COLORADO STATE DIRECTOR OF THE BUREAU MAY
REPRESENT THE BUREAU OR MAY APPOINT A REPRESENTATIVE OF THE
BUREAU
;
(II) T
HE SOUTHERN UTE TRIBE MAY APPOINT A REPRESENTATIVE OF
THE TRIBE
;
(III) T
HE UTE MOUNTAIN UTE TRIBE MAY APPOINT A
REPRESENTATIVE OF THE TRIBE
; AND
(IV) THE REGION TWO REGIONAL FORESTER OF THE UNITED STATES
FOREST SERVICE MAY APPOINT A REPRESENTATIVE OF THE
UNITED STATES
FOREST SERVICE
.
(3) (a) N
OT LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION
, THE APPOINTING AUTHORITIES SHALL
APPOINT MEMBERS TO THE WILD HORSE WORKING GROUP IN ACCORDANCE
WITH SUBSECTION
(2) OF THIS SECTION.
(b) T
HE MEMBERS OF THE WILD HORSE WORKING GROUP SERVE
WITHOUT COMPENSATION FROM THE STATE
; EXCEPT THAT MEMBERS WHO
ARE STATE EMPLOYEES MAY BE COMPENSATED AS STATE EMPLOYEES
.
(4) (a) T
HE WORKING GROUP SHALL MAKE RECOMMENDATIONS TO
THE GOVERNOR AND GENERAL ASSEMBLY REGARDING SOLUTIONS TO THE
ISSUES DESCRIBED IN THIS SECTION
.
(b) T
HE WORKING GROUP SHALL ATTEMPT TO MAKE LEGISLATIVE
RECOMMENDATIONS BY
NOVEMBER 1, 2024, BUT SHALL MAKE THE
RECOMMENDATIONS BY
NOVEMBER 1, 2025.
(c) T
HE WORKING GROUP SHALL MAKE RECOMMENDATIONS NOT
REQUIRING LEGISLATIVE ACTION AND REGARDING SOLUTIONS TO THE ISSUES
PAGE 10-SENATE BILL 23-275 DESCRIBED IN THIS SECTION TO THE APPROPRIATE ENTITY IN A TIMELY
MANNER AND INCLUDE THE RECOMMENDATION IN THE ANNUAL REPORT
REQUIRED IN SECTION
35-66-103.
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.
35-66-106. Wild horse stewardship program. (1) T
HE WILD
HORSE STEWARDSHIP PROGRAM IS CRE ATED TO COORDINATE AND ASSIST IN
MANAGING AND SUPPORTING THE WELL
-BEING OF COLORADO WILD HORSE
HERDS AND WILD HORSE RANGELAND
, INCLUDING HERDS WITHIN FEDERAL
HERD MANAGEMENT AREAS
, TO ENSURE THE LONG-TERM SUSTAINABILITY OF
WILD HORSE HERDS AND WILD HORSE RANGE HEALTH BY
:
(a) S
UPPORTING THE MANAGEMENT OF RANGE HEALTH ;
(b)
IN PARTNERSHIP WITH THE BUREAU AND WITH PERMISSION FROM
THE BUREAU
, BUILDING, REPAIRING, AND MAINTAINING RANGE
INFRASTRUCTURE
, SUCH AS FENCING, NATURAL FEED SOURCES, OR NATURAL
WATER SOURCES
, ON PUBLIC LAND FOR THE BENEFIT OF THE WILD HORSE
HERDS
, THE WILD HORSE RANGELAND , AND THE RESIDENT POPULATIONS ;
AND
(c) COORDINATING WITH LOCAL ORGANIZATIONS ASSOCIATED WITH
A HERD MANAGEMENT AREA
.
(2) (a) T
HE DIRECTOR SHALL ANNUALLY REPORT TO THE
DEPARTMENT ON THE ACTIONS TAKEN TO MEET THE REQUIREMENTS OF THIS
SECTION
. THE REPORT MUST INCLUDE THE ACTIVITIES PERFORMED AND
ACCOMPLISHED IN ACCORDANCE WITH THE STEWARDSHIP PROGRAM
.
(b) T
HE DIRECTOR MAY RESCIND A GRANT FOR :
(I) F
AILURE OF THE GRANT RECIPIENT TO PERFORM THE DUTIES TO
ACCOMPLISH THE PURPOSE FOR WHICH THE GRANT WAS MADE
;
(II) L
ACK OF EFFECTIVENESS OF THE GRANT RECIPIENT 'S ACTIONS
CONCERNING THE PURPOSES FOR WHICH THE GRANT WAS MADE
; AND
(III) A LACK OF CONSISTENCY WITH THE EXPECTATIONS OF THE WILD
HORSE PROJECT IN MAKING THE GRANT
.
PAGE 11-SENATE BILL 23-275 (3) THE WILD HORSE PROJECT SHALL BEGIN IMPLEMENTING THIS
SECTION BY
JULY 31, 2024.
35-66-107. Wild horse fertility control program. (1) T
HE WILD
HORSE FERTILITY CONTROL PROGRAM IS CREATED TO PROVIDE STATE
-WIDE
SUPPORT AND COORDINATION IN THE MANAGEMENT OF THE
COLORADO WILD
HORSE HERDS
, INCLUDING HERDS WITHIN THE FEDERAL HERD MANAGEMENT
AREAS
, USING HUMANE FERTILITY CONTROL METHODS TO ENSURE THE
LONG
-TERM SUSTAINABILITY OF WILD HORSE HERDS . SUBJECT TO OBTAINING
APPROVAL FROM THE BUREAU WHEN NECESSARY
, THE WILD HORSE PROJECT
SHALL
, IN OPERATING THE FERTILITY CONTROL PROGRAM :
(a) C
OORDINATE AND ASSIST IN THE MANAGEMENT OF WILD HORSE
HERD POPULATIONS
;
(b) M
AKE PROPOSALS TO THE BUREAU ;
(c) C
OORDINATE WITH AND ENTER INTO CONTRACTS OR MEMOR ANDA
OF UNDERSTANDING WITH THE BUREAU
;
(d) C
OORDINATE WITH AND ENTER INTO CONTRACTS OR
PARTNERSHIPS WITH VOLUNTEERS
, INTERESTED GROUPS, AND NONPROFIT
ENTITIES
;
(e) R
ECRUIT, TRAIN, AND FACILITATE FEDERAL TRAINING FOR
VOLUNTEERS
, CONTRACTORS, AND STAFF TO PERFORM THE FUNCTIONS
DESCRIBED IN THIS SECTION
;
(f) C
OLLABORATE WITH GOVERNMENT AGENCIES THAT HAVE AN
INTEREST IN WILD HORSES OR THAT MAY PROVIDE RESOURCES
, INCLUDING
PEOPLE
, TO PERFORM THE FUNCTIONS DESCRIBED IN THIS SECTION ;
(g) O
BTAIN RESOURCES TO IMPLEMENT THE FERTILITY CONTROL
PROGRAM
; AND
(h) COLLABORATE WITH, COORDINATE WITH, AND SUPPORT LOCAL
HERD MANAGEMENT AREA ORGANIZATIONS IN PERFORMING FERTILITY
CONTROL OR OTHER ON
-RANGE ACTIVITIES.
(2) F
OR THE PURPOSES OF THIS SECTION AND SECTION 35-66-106,
PAGE 12-SENATE BILL 23-275 THE WILD HORSE PROJECT MAY:
(a) S
EEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS IN
ACCORDANCE WITH SECTION
35-66-104 (4);
(b) C
REATE AND ADMINISTER GRANT PROGRAMS TO IMPLEMENT THE
FERTILITY CONTROL PROGRAM AND THE STEWARDSHIP PROGRAM
;
(c) E
XERCISE THE POWERS GRANTED IN SECTIONS 35-66-102 (3) AND
35-66-106; AND
(d) FORM TECHNICAL, EXPERT, STAKEHOLDER, OR OTHER ADVISORY
COMMITTEES
.
(3) I
N OPERATING THE FERTILITY CONTROL PROGRAM , THE WILD
HORSE PROJECT SHALL
:
(a) U
SE ONLY HUMANE, PROVEN, NONLETHAL, AND SAFE FERTILITY
CONTROL METHODS THAT ARE OR ARE SUBSTANTIALLY SIMILAR TO
IMMUNOCONTRACEPTIVE FERTILITY CONTROL VACCINES
;
(b) N
OT USE OR AUTHORIZE LETHAL POPULATION MANAGEMENT
METHODS
; AND
(c) NOT SURGICALLY STERILIZE OR AUTHORIZE THE SURGICAL
STERILIZATION OF WILD HORSES
.
(4) (a) T
HE DIRECTOR SHALL ANNUALLY REPORT TO THE
DEPARTMENT ON THE ACTIONS TAKEN TO MEET THE REQUIREMENTS OF THIS
SECTION
. THE REPORT MUST INCLUDE THE ACTIVITIES PERFORMED AND
ACCOMPLISHED IN ACCORDANCE WITH THE FERTILITY CONTROL PROGRAM
.
(b) T
HE DIRECTOR MAY RESCIND A GRANT FOR :
(I) F
AILURE OF THE GRANT RECIPIENT TO PERFORM THE DUTIES TO
ACCOMPLISH THE PURPOSE FOR WHICH THE GRANT WAS MADE
;
(II) L
ACK OF EFFECTIVENESS OF THE GRANT RECIPIENT 'S ACTIONS
CONCERNING THE PURPOSES FOR WHICH THE GRANT WAS MADE
; AND
PAGE 13-SENATE BILL 23-275 (III) A LACK OF CONSISTENCY WITH THE EXPECTATIONS OF THE WILD
HORSE PROJECT IN MAKING THE GRANT
.
(5) T
HE WILD HORSE PROJECT SHALL BEGIN IMPLEMENTING THIS
SECTION BY
JULY 31, 2024.
SECTION 3. In Colorado Revised Statutes, add 35-1-119 as
follows:
35-1-119. Population management - repeal. (1) S
UBJECT TO
OBTAINING APPROVAL FROM THE
UNITED STATES BUREAU OF LAND
MANAGEMENT IN THE DEPARTMENT OF THE INTERIOR
, THE DEPARTMENT
MAY ASSIST WITH MANAGING WILD HORSE POPULATIONS USING FERTILITY
CONTROL MANAGEMENT METHODS THAT ARE OR ARE SUBSTANTIALLY
SIMILAR TO IMMUNOCONTRACEPTIVE FERTILITY CONTROL VACCINES
. THE
DEPARTMENT MAY ALSO SUPPORT ON
-RANGE STEWARDSHIP AND
MANAGEMENT TO ENSURE THE SUSTAINABILITY OF WILD HORSES AND WILD
HORSE RANGE
. IN IMPLEMENTING THIS SUBSECTION (1), THE DEPARTMENT
MAY
:
(a) E
NTER INTO CONTRACTS OR INTERAGENCY AGREEMENTS WITH
PRIVATE ENTITIES
, INDIVIDUALS, TRIBES, LOCAL GOVERNMENTS , OR THE
UNITED STATES BUREAU OF LAND MANAGEMENT IN THE DEPARTMENT OF
THE INTERIOR
; AND
(b) COOPERATE WITH:
(I) T
HE UNITED STATES BUREAU OF LAND MANAGEMENT IN THE
DEPARTMENT OF THE INTERIOR
;
(II) T
HE SOUTHERN UTE TRIBE;
(III) T
HE UTE MOUNTAIN UTE TRIBE;
(IV) L
OCAL GOVERNMENTS;
(V) O
THER STATE AGENCIES;
(VI) V
OLUNTEERS;
PAGE 14-SENATE BILL 23-275 (VII) CONTRACTORS; AND
(VIII) INTERESTED GROUPS OR INDIVIDUALS .
(2) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 31, 2024.
SECTION 4. Appropriation. (1) For the 2023-24 state fiscal year,
$1,654 is appropriated to the legislative department for use by the general
assembly. This appropriation is from the general fund. To implement this
act, the general assembly may use this appropriation for legislator per diem
and travel reimbursement.
(2) For the 2023-24 state fiscal year, $21,148 is appropriated to the
department of law. This appropriation is from the legal services cash fund
created in section 24-31-108 (4), C.R.S., from revenue received from the
department of agriculture that is continuously appropriated to the
department of agriculture from the wild horse project fund created in
section 35-66-104 (1)(b), C.R.S. The appropriation to the department of law
is based on an assumption that the department of law will require an
additional 0.1 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of
agriculture.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 15-SENATE BILL 23-275 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 16-SENATE BILL 23-275