The Adoption Incentive Program

The Bureau of Land Management’s Adoption Incentive Program was exposed by plaintiffs & The New York Times as a pipeline to slaughter for thousands of adopted wild horses and burros

IMPORTANT UPDATE

PRESS RELEASE - MARCH 3, 2025

Federal Court Overturns BLM's Controversial Cash Incentive Adoption Program

By Amelia Perrin - American Wild Horse Conservation

(DENVER, Colo., March 3, 2025) – In a landmark victory for wild horse protection, the United States District Court for the District of Colorado has overturned the Bureau of Land Management's (BLM) controversial Adoption Incentive Program (AIP), ruling that it violated multiple federal laws by failing to undergo required National Environmental Policy Act (NEPA) and Administrative Procedures Act (APA) requirements. 

The court found it was “not hard to imagine” that slaughter of wild horses could be “fairly traceable” to BLM’s actions regarding the national AIP program, and noted the legally required need for vigorous public comment and agency review, which the BLM failed to conduct. 

The decision comes in response to a lawsuit filed by Eubanks & Associates, PLLC on behalf of American Wild Horse Conservation (AWHC), Skydog Sanctuary, and other petitioners, who argued that the program, which pays individuals $1,000 to adopt wild, unhandled wild horses and burros, incentivized the unnecessary suffering and slaughter of federally protected wild horses and burros.

Judge William J. Martínez found that the 2022 Instruction Memorandum (IM) establishing the AIP violated both the APA and NEPA, writing that: "an agency cannot avoid its notice and comment obligations by simply clothing instruction memoranda in permissive language, only to then treat them in practice as mandatory."

As a result, the court vacated the 2022 IM and ordered the BLM to conduct proper notice-and-comment and environmental review procedures before implementing any similar legislative rules in the future, thereby overturning the current program.

Judge Martinez also quoted BLM’s own internal concerns that  “[t]he easy money aspect [of the AIP] may bring out potential for fraud, abuse, and neglect,” and wrote that the front-page expose in the New York Times, and congressional action, followed the “advocacy efforts” of the petitioners. 

“This ruling halts this corrupt federal program that has funneled hundreds of federally-protected wild horses and burros into the slaughter pipeline in violation of Congressional protections," said Suzanne Roy, Executive Director of American Wild Horse Conservation, who noted that her group’s ongoing investigation of AIP was likely just the tip of the iceberg. "We’re grateful that the court recognized what we have long known — that the BLM's program was not only unlawful but also fundamentally at odds with the agency’s duty to protect these iconic animals and treat them humanely."

“This ruling is a powerful affirmation that the Adoption Incentive Program was a betrayal of these iconic animals, pushing them from public lands to slaughter auctions under the false promise of care,” said Clare Staples, founder of Skydog Sanctuary. “The AIP opened the floodgates and allowed thousands of wild horses and burros to enter the slaughter pipeline.” 

Skydog Sanctuary has led efforts to rescue AIP animals from slaughter auctions and has saved hundreds of animals from this cruel fate. 

The AIP was launched in 2019. Evidence presented in court — brought to light by an AWHC investigation, which prompted a widely publicized exposé in The New York Times — revealed that many adopters were pocketing the incentive money before quickly sending the animals to slaughter auctions. 

The investigation revealed that groups of related individuals were adopting the maximum of four animals per person, then flipping them to slaughter auctions once titles were obtained, collecting tens of thousands of taxpayer dollars in the process. 

The ruling found that the BLM failed to consider “whether limiting the AIP to untrained horses increases the likelihood of horses being slaughtered” and that the BLM failed to provide adequate evidence that its policies actually protected wild horses from being slaughtered​.

In confirming the legal standing to sue, the Court quoted petitioners’ pleadings regarding their “grave aesthetic injuries” by being forced to witness “malnourished, injured animals in kill pens,” as well as observing “first-hand the inhumane treatment these federally protected animals must endure as a direct result of the AIP​.” 

"This victory belongs to every wild horse advocate who fought for transparency and accountability—and to the wild horses and burros themselves, cherished American icons who deserve protection, not cruel slaughter to end up as horsemeat consumed overseas,” said Roy. 

AWHC remains committed to ensuring that the BLM adopts responsible, humane, science-based solutions to manage wild horse and burro populations on public lands and stands willing to collaborate with the agency on responsible adoption programs that puts the safety and welfare of wild horses and burros at the helm. 

Background: What is the AIP?

On 30 January 2019, the BLM announced its Adoption Incentive Program (AIP). I was horrified by what this misguided plan would obviously mean for wild horses and burros. The AIP paid an individual $500 in taxpayer funds at the time they sign the contract to adopt a federally protected equine. Under penalty of prosecution, the adopter certifies that they will take good care of the animal and not sell it for slaughter. After a period of twelve-months, a second installment of $500 is paid and the adopter receives title. At this point, the animals are privately owned and the BLM takes no more responsibility for them.

Allegedly intended to find good homes for mustangs and burros (which it sometimes does), the program created a cadre of middlemen to take the animals off the BLM’s hands and dispose of them any way they saw fit. Without any protections, monitoring, or consequences for violations, many adopters sold the equines for their meat price as soon as soon as they received title and their final federal payment. Some didn’t even wait that long that dumped untitled mustangs and burros before the second installment of money. Then they went back to adopt more animals from the BLM, where repeat offenders were welcome.

My worries about the AIP increased when I spent time at the corrals to see who came to adopt young horses for the incentive cash. Adoption events do not traditionally attract large crowds, but more people than ever before began to participate. They did not seem like the kind of people to pay veterinary and farrier bills, or gentle the animals to give them a chance at a good future. A few months after the one-year mark, once the final incentive payment was received, we saw a massive increase in the number of mustangs and burros surfacing in kill pens. While this was not unheard of – there have always been wild equines in the slaughter pipeline – we had never before seen so many, the glaring difference being that they were young, wild, unhandled animals with titles.

The title is transferred every time ownership of a federally protected equine occurs. It tells the story of what is really going on. It identifies who adopted the animal one year prior and received $1,000 before dumping it in the slaughter pipeline. The document goes with the animals to kill pens and passes to rescues who bail them out, so we hold the evidence in our hands. Even though we reported this repeatedly to the BLM, they washed their hands of any responsibility.  Conveniently, once the titled equine was privately owned, the bureau chose to no longer be involved.

They are, however, accountable for untitled mustangs and burros, whose adopters dumped them before the mandatory one-year period had passed. With their neck brands and FOIA requests, their history can be traced to the AIP, though the Wild Horse & Burro Program (WHBP) claims to have seen no evidence of this happening. They need this corrupted program to move the animals out of overburdened holding facilities and get around the congressional ban on horse slaughter that prevents them from doing it themselves.

In May 2020, the BLM issued a press statement heralding the success of their adoptions, claiming they adopted out "more than 6,000 animals, helping the agency to achieve a 15-year record for total adoptions and sales in Fiscal Year 2019…We’re excited that the public has responded so strongly to this innovative program. The successful use of incentives to increase adoption rates is a win for all involved – saving taxpayers hundreds of millions of dollars, reducing the overpopulation of wild horses and burros on the range, and helping these animals find homes with families who will care for and enjoy them for years to come,” This was not the truth of the matter.

We could see exactly where these horses were ending up and it was not in loving homes for years to come. They were tossed in a field or pen with no care whatsoever while adopters waited for their federal money. They were waiting to ship to slaughter. This entire program needed to be suspended pending an independent investigation. Much to my surprise, even staff at BLM corrals, with whom I discussed this, strongly agreed.

We filed a complaint with the BLM to disband their incentive program, I spoke about it at the Wild Horse & Burro Advisory Board meeting, but the evidence was ignored and our pleas fell on deaf ears. I was amazed to see in a FOIA that the former head of the Burns corrals, Rob Sharp, shared the same concerns that I did about where these horses were going. All those fears were realized. Every week we saw more wild horses landing in kill pens and being posted before shipping to slaughter. Worst of all, these were only the tip of the iceberg. Many kill pens don't even bother to post wild, unhandled mustangs, preferring to ship them direct to slaughter because so few people want them.

It’s difficult to find good homes for completely wild horses. They require a lot of time, patience, and money to train. Some never accept domestication. There are very few rescues equipped to manage mustangs that have not been gentled enough to at least accept being haltered. Even trainers have a hard time finding homes for trained mustangs, so what chance did these beautiful souls have in the AIP?

Then there are the Three S's: a euphemism BLM staff use for “Shoot, Shovel, Shut Up”. We will never know how many mustangs and burros meet this terrible fate. When the point of the AIP was to get rid of animals, the BLM didn’t ask questions. Staff often took adopters at their word and sent them their incentive money without performing an inspection. Thankfully, David Philipps at the New York Times, a Pulitzer Prize winning writer and author of Wild Horse Country The History Myth & Future of the Mustang Americas Horse, cared enough to dig deeper into this program.

The New York Times Exposé

Janelle and I met Dave Philipps personally in Colorado Springs where he came to meet GG, Ladybug and Twiglet, whom we featured in a short film with Jamie Baldanza. He saw for himself just three of the hundreds of AIP youngsters who were heading to slaughter before we rescued them. We are so grateful for his reporting, which shocked readers, prompting publiccriticism and letters from members of Congress. Litigation was launched by the American Wild Horse Conservation, which Skydog joined as a plaintiff, providing ample evidence of wild equines ending up in kill pens via the AIP.

BLM announced insufficient protections to improve the AIP

In January 2022, in response to intense public pressure, the BLM announced changes to the program, rather than shutting it down. Eliminating the cash incentive was not among them. A six-month, on-site inspection was added to confirm that the animals were still alive, in the adopter’s possession, and being cared for. As most BLM facilities, however, are never in compliance with their own rules and regulations, this made no difference.

The number of animals that can be adopted by one person in a twelve-month period was reduced to four, but this has done nothing to stop AIP crime rings. Groups of friends and relatives go in together to adopt as many animals as they can to collect thousands of dollars in federal money before breaking the law by selling them for their meat price. The names of adopters are printed on the titles, so they should have been banned from ever adopting mustangs again. Unfortunately, we have no evidence that the BLM did anything to prevent or punish the abusers.

We could not stand by and do nothing. Skydog worked hard and fast to partner with other organizations to help these young horses landing in kill pens. Among the AIP titled mustangs at our sanctuary are Angel, Scout, GG, Ladybug (pregnant with firefly), Twiggy, Jack Sparrow, Cheyenne, Snow, Sierra, and Curly Girl. In addition, we have helped dozens reach safety and enter good training and adoption programs with other good rescues.

Actions you can take if the AIP is reintroduced

Call, write, or comment on social media the following Bureau of Land Management authorities. Ask them politely to permanently suspend the AIP because mustangs and burros in the program have been sent to slaughter.

Bureau of Land Management Attn: Director 1849 C Street NW 
Washington, DC 20240 Tel: (202) 208-3801  Online Contact Form: https://www.blm.gov/feedback

Wild Horse and Burro Program National Center
Tel: (866) 468-7826
Email: wildhorse@blm.gov

Department of US Department of Interior (DOI)
Attn: Secretary Doug Burgum
1849 C Street, N.W.
Washington DC 20240 Tel: (202) 208-3100 Email: exsec_exsec@ios.doi.gov 
Website Contact Form:
https://www.doi.gov/contact-us

Social Media

Use hashtags #wildhorses and #burros in your comments.

X Twitter: @BLMnational  @Interior  @SecretaryBurgum 

Facebook:  Bureau of Land Management    US Interior

Petition: Sign the Change.org Petition to stop using public funds to kill wild horses and burros. We have over 111,000 signatures. Our next goal is 150,000.

Postcard Campaign: Send a postcard to Secretary Burgum and the BLM Director to get their attention.

Publicize AIP Rescues: If you are a rescue or advocacy group posting about a saved a mustang or burro from the slaughter pipeline via the AIP, please use the hashtag #defundtheAIP so people can see the faces of the animals this is hurting. This will help raise awareness of how widespread this problem is.

Report Adopter Violations: If you are a rescue or advocacy group, contact the BLM to report the name of the adopter on the title that is transferred to you.  Also report this to the American Wild Horse Conservation (@freewildhorses).

For more help, take a look at our Contact Federal Authorities page.