USDA proposed rule still at OMB
Thursday, December 8, 2022
The proposed rule to amend the Horse Protection Act that the USDA sent to the Office of Management and Budget has not yet been released. The proposed rule was sent to OMB on September 2nd for its review. After OMB finishes its review of the rule, it will be sent back to the USDA at which time they review, potentially modify and release publicly.
While OMB is reviewing the proposed rule, stakeholders can request meetings with OMB to provide input on the rule. Jeff Speaks, the Walking Horse industry’s lobbyist requested a meeting with OMB, as did the Humane Society of the United States. The assumption during these meetings was the rule would be similar to the 2016 rule, or at a minimum contain many of the same provisions. OMB will not discuss the contents of the new rule, nor the timing of the proposed rule.
During the industry meeting, several concerns were raised based on the contents of the 2016 rule, including the validity of the scar rule given the recent review by the National Academies of Science where the experts assembled made clear the rule is currently unenforceable as written. The industry representatives also addressed the removal of equipment that has been proven to not cause any harm, and is allowed in other show breeds, as well as the lack of due process afforded participants during the disqualification of entries at the horse show. This due process was challenged successfully in Georgia in the McSwain vs. Vilsack case.
The HSUS reiterated their message which was the abolishment of all show horses in the Tennessee Walking Horse, Racking Horse and Spotted Saddle Horse industries. Many in the industry have felt that the proposed rule only applies to horses that wear pads and action devices. The HSUS makes clear that isn’t enough and they petitioned OMB that the rule must include the prohibition of weighted shoes in addition to the pads and action devices. The material presented from HSUS also made clear the rule must “maintain that show management will still pay for inspectors…so taxpayers won’t have to shoulder a new expense.”
Once the rule is made public, it will enter a 60 to 90 day comment period where interested parties and stakeholders can comment on the contents of the proposed rule. The industry has retained representation to develop and submit those comments. The timing of when the rule will be made public for comment is not known at this time, however the expectation is it will be in the next couple of months. After the comment period closes, the USDA will review the comments and propose a final rule which will go back to OMB for another review prior to its final release and publication in the Federal Register.
The industry made clear in 2017, and has again this year, that if certain elements of the rule in 2017 are kept in the new proposed rule, the industry intends to challenge the rule in court. The same firm that has been retained to formulate the industry’s comments will challenge the rule on behalf of the industry.
Update on fundraising
Earlier this year, several meetings were held across the industry preparing for the release of the proposed rule. During those meetings it was made clear that the industry must comment on the proposed rule and be ready and able to challenge any final rule that does not take into account the industry’s concerns. The industry has retained Ellis George Cipollone, LLP to prepare comments and potentially challenge a final rule.
The fundraising goal began at $1.5 million, but discussions have also taken place on what to do specifically about the scar rule and its enforcement. That could potentially drive the fundraising upward and exceed $2 million. The Foundation for the Advancement and Support of the Tennessee Walking Show Horse (FAST) had $200,000 remaining from the previous fundraising on the challenge of the 2017 rule. In addition to that $200,000, an additional $850,000 has been pledged with close to $500,000 already collected.
The Tennessee Walking Horse National Celebration, Walking Horse Trainers’ Association and Tennessee Walking Horse Breeders’ & Exhibitors’ Association have each given or pledged $100,000. The Racking Horse Breeders’ Association has also pledged $50,000. The Alabama Walking Horse Association, North Carolina Walking Horse Association and Maury County Horsemen’s Association are also contributing $10,000 each. The remaining amounts raised have come from individual contributions.
The WHTA, THWNC, TWHBEA and FAST recently came together to host the horse show in Tunica, Mississippi, held in November. Proceeds from this horse show are going directly to the legal fund at FAST. Preliminary figures conservatively put the amount raised at $80,000, with the potential for this figure to approach close to $100,000.
The industry can’t slow down its fundraising efforts. The time is now for everyone, of all levels, to contribute to ensure our Tennessee Walking Show Horse is preserved and maintained for future generations.
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Margaret H. Rollins passed away peacefully on December 9, 2025 in her home in Atlanta, Georgia surrounded by her family at the age of 92.
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The TWHBEA International Board of Directors has elected the Executive Committee members who will serve the association in the coming year. All were elected to two-year terms except Amanda Wright and David Williams, who each have one year left in their Board terms and are ineligible to run again due to term limits.
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The Walking Horse Report Office will be closed December 22-26 for Christmas. The Walking Horse Report staff will be checking their emails periodically throughout the week.
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The Walking Horse Owners’ Association has released its holiday schedule. WHOA will be closed from December 19 through January 4. Regular office hours will resume on Monday, January 5.
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The Tennessee Walking Horse Breeders’ & Exhibitors’ Association has announced its holiday schedule. TWHBEA will be closed from December 24th through 26th, as well as December 31st and January 1st, and will reopen on January 2.
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James McAshley “Mack” Dekle, age 83, of Shelbyville, passed from this life on Wednesday, November 26, 2025, at his home.
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Judith Wiser Martin, known to all as Judy, passed away peacefully at her home in Shelbyville, Tennessee, on November 14, 2025, at the age of 81. She was born in Shelbyville to the late Winston and Katherine Wiser and lived her entire life in the community she loved.
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As the leaves turn and the year draws to a close, we’re reminded that this is more than a season of cooler air and shorter days—it’s a season of GRATITUDE. For those of us in the Walking Horse industry, this time of year offers a special opportunity to pause, reflect, and give thanks for the horses, the people, and the traditions that make our community so deeply meaningful.
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As we move into colder weather and the Christmas season, the Bedford County schools focus on making sure that students and their families have what they need. Each year, the Christmas Angels program provides Christmas gifts and support to students and their families during the holidays.
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