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Kleppe v. New Mexico
''Kleppe v. New Mexico'', , was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power. In February 1974, the New Mexico Livestock Board rounded up and sold 19 unbranded burros from Bureau of Land Management (BLM) land. When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional; claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.
==Background==
In 1971, Congress passed the Wild and Free-Roaming Horses and Burros Act of 1971, (later codified at , ''et seq.'') (WFRHBA). The act covered the management, protection and study of "unbranded and unclaimed horses and burros on public lands in the United States."〔.〕 The act requires the Secretary of the Interior and the Secretary of Agriculture to protect and manage wild horses as a component of public property of the United States.〔Aksentijevich, at 403.〕 Free ranging horses are to be protected from "capture, branding, harassment, or death."〔16 U.S.C. § 1331.〕 The managing agencies are the Bureau of Land Management (BLM) for Interior and the Forest Service (USFS) for Agriculture.〔Roberto Iraola, ''Essay: The Wild Free-Roaming Horses and Burros Act Of 1971'', 35 1049, 1051-52 (Fall 2005).〕
The state of New Mexico refused to recognize the federal government's authority to manage wild horses within the boundaries of New Mexico.〔Blake Shepard, ''Article and Comment: The Scope Of Congress' Constitutional Power Under the Property Clause: Regulating Non-Federal Property to Further the Purposes of National Parks and Wilderness Areas'', 11 479, 499 (Sping 1984).〕 A New Mexican rancher, Kelly Stephenson, found wild burros grazing on his land and on the federal land where he had a grazing permit.〔''(New Mexico v. Morton )'', .〕 Stephenson complained to BLM, and when BLM refused to remove the burros, to the New Mexico Livestock Board.〔''Morton'', 406 F. Supp. at 1237.〕 The New Mexico Livestock Board, acting under state law〔New Mexico Estray Law, N.M. Stat. Ann. §§ 47-14-1 to 47-14-10 (1966).〕 then seized nineteen burros from federal land and sold them at public auction.〔''Morton'', 406 F. Supp. at 1237; Shepard, at 499.〕 The BLM asserted jurisdiction under the WFRHBA and demanded the return of the animals.〔''Morton'', 406 F. Supp. at 1237; Shepard, at 499.〕 New Mexico then filed suit in the federal district court, claiming that the federal law was unconstitutional.〔''Morton'', 406 F. Supp. at 1237; Shepard, at 499.〕
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