HR 1018 EHRFSCommentsClose CommentsPermalink

To amend the Wild Free-Roaming Horses and Burros Act to improve the management and long-term health of wild free-roaming horses and burros, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Restore Our American Mustangs Act’.CommentsClose CommentsPermalink

SEC. 2. REFERENCE.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Act of December 15, 1971 (commonly known as the ‘Wild Free-Roaming Horses and Burros Act’; 16 U.S.C. 1331 et seq.).CommentsClose CommentsPermalink

SEC. 3. POLICY.

The first section is amended by striking ‘in the area where presently found, as’.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

Section 2 (16 U.S.C. 1332) is amended--CommentsClose CommentsPermalink





(1) in paragraph (b), by inserting ‘born or present’ after ‘unclaimed horses and burros’;CommentsClose CommentsPermalink





(2) in paragraph (c), by striking ‘which does not exceed their known territorial limits,’;CommentsClose CommentsPermalink





(3) in paragraph (d)--CommentsClose CommentsPermalink





(A) by inserting ‘and any associated foals’ after ‘his mares’; andCommentsClose CommentsPermalink





(B) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(4) in paragraph (e), by striking the period and inserting a semicolon;CommentsClose CommentsPermalink





(5) in paragraph (f)--CommentsClose CommentsPermalink





(A) by striking ‘(1) which’ and all that follows through ‘(2)’;CommentsClose CommentsPermalink





(B) by inserting ‘, in accordance with section 3(d),’ after ‘from an area’; andCommentsClose CommentsPermalink





(C) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(6) by adding at the end the following:CommentsClose CommentsPermalink





‘(g) ‘thriving natural ecological balance’ means a condition that protects ecosystem health, the ecological processes that sustain ecosystem function and a diversity of life forms, including those species listed under the Endangered Species Act of 1973, and further ensures that wild horses and burros, livestock and wildlife species are given fair consideration in the allocation of resources on those lands where said species are authorized or managed consistent with the requirements of the Federal Land Policy and Management Act of 1976 (Public Law 94-579) and other applicable law; andCommentsClose CommentsPermalink





‘(h) ‘fatally injured or terminally ill’ means an animal exhibiting one or more of the following:CommentsClose CommentsPermalink





‘(1) A hopeless prognosis for life.CommentsClose CommentsPermalink





‘(2) A chronic or incurable disease, injury, lameness, or serious physical defect (including severe tooth loss or wear, club foot, and other severe congenital abnormalities).CommentsClose CommentsPermalink





‘(3) A condition requiring continuous treatment for the relief of pain and suffering in a domestic setting.CommentsClose CommentsPermalink





‘(4) An acute or chronic illness, injury, physical condition or lameness that would preclude an acceptable quality of life for the foreseeable future.’.CommentsClose CommentsPermalink

SEC. 5. INVENTORY AND DETERMINATIONS.

(a) Section 3(a) (16 U.S.C. 1333(a)) is amended as follows:CommentsClose CommentsPermalink





(1) By striking ‘is authorized and directed to’ and inserting ‘shall--CommentsClose CommentsPermalink





‘(1)’.CommentsClose CommentsPermalink





(2) By striking ‘, and he may’ and inserting a semicolon.CommentsClose CommentsPermalink





(3) By inserting before ‘designate’ the following:CommentsClose CommentsPermalink





‘(2)’.CommentsClose CommentsPermalink





(4) In paragraph (2) (as so designated)--CommentsClose CommentsPermalink





(A) by striking ‘their’ and inserting ‘the’;CommentsClose CommentsPermalink





(B) by inserting ‘of wild free-roaming horses and burros’ after ‘preservation’;CommentsClose CommentsPermalink





(C) by striking ‘wherein’ and inserting ‘where’;CommentsClose CommentsPermalink





(D) by striking ‘deems’ and inserting ‘, considers’; andCommentsClose CommentsPermalink





(E) by striking ‘desirable. The Secretary shall’ and inserting ‘desirable;CommentsClose CommentsPermalink





‘(3)’.CommentsClose CommentsPermalink





(5) In paragraph (3) (as so designated), by striking the period after ‘public lands’ and inserting a semicolon.CommentsClose CommentsPermalink





(6) By striking ‘He shall’ and inserting the following:CommentsClose CommentsPermalink





‘(4)’.CommentsClose CommentsPermalink





(7) In paragraph (4) (as so designated), by striking ‘of this Act.’ and inserting ‘of this Act;’.CommentsClose CommentsPermalink





(8) By striking ‘All’ and inserting the following:CommentsClose CommentsPermalink





‘(5) ensure that’.CommentsClose CommentsPermalink





(9) In paragraph (5) (as so designated)--CommentsClose CommentsPermalink





(A) by inserting ‘related to wild free-roaming horses and burros are’ after ‘activities’;CommentsClose CommentsPermalink





(B) by striking ‘shall be’ both places it appears;CommentsClose CommentsPermalink





(C) by inserting ‘relevant State’ after ‘in consultation with the’;CommentsClose CommentsPermalink





(D) by striking ‘of the State wherein such lands are located’;CommentsClose CommentsPermalink





(E) by striking ‘which inhabit such lands’; andCommentsClose CommentsPermalink





(F) by striking the period after ‘endangered wildlife species’ and inserting a semicolon.CommentsClose CommentsPermalink





(10) By striking ‘Any’ and inserting the following:CommentsClose CommentsPermalink





‘(6) ensure that any’.CommentsClose CommentsPermalink





(11) In paragraph (6) (as so designated)--CommentsClose CommentsPermalink





(A) by striking ‘on any such lands shall take’ and inserting ‘are made after taking’; andCommentsClose CommentsPermalink





(B) by striking ‘which inhabit such lands.’ and inserting ‘; and’.CommentsClose CommentsPermalink





(12) At the end of such subsection, add the following:CommentsClose CommentsPermalink





‘(7) ensure that, to the extent practicable, the acreage available for wild and free-roaming horses and burros shall never be less than the acreage where wild and free-roaming horses and burros were found in 1971.’.CommentsClose CommentsPermalink





(b) Subsection (b)(1) of section 3 is amended as follows:CommentsClose CommentsPermalink





(1) By striking ‘(b)(1) The Secretary shall’ and inserting the following:CommentsClose CommentsPermalink





‘(b) In order to determine if a thriving natural ecological balance exists with regards to wild free-roaming horses and burros, the Secretary shall--CommentsClose CommentsPermalink





‘(1)’.CommentsClose CommentsPermalink





(2) In paragraph (1) (as so designated)--CommentsClose CommentsPermalink





(A) by striking ‘a current’ and inserting ‘an’; andCommentsClose CommentsPermalink





(B) by striking the period after ‘public lands’ and inserting a semicolon and the following:CommentsClose CommentsPermalink





‘(2) update the inventory every two years; andCommentsClose CommentsPermalink





‘(3) make the inventory available to the public on the Website of the Bureau of Land Management.’.CommentsClose CommentsPermalink





(3) By striking ‘The purpose’ and all that follows through ‘the Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(c) In order to better manage and protect wild free-roaming horses and burros, and to achieve and maintain a thriving natural ecological balance, the Secretary, not later than one year after the date of the enactment of this section, shall take the following actions:CommentsClose CommentsPermalink





‘(1) Adopt and employ the best scientific, peer-reviewed methods to accurately estimate wild free-roaming horse and burro populations on public lands for purposes of the inventory required in subsection (b).CommentsClose CommentsPermalink





‘(2) Develop a policy and standards, with public involvement, for setting consistent, appropriate management levels on public lands, based on scientifically sound methodologies.CommentsClose CommentsPermalink





‘(3) Provide a public process, including a period for notice and comment, for finalizing appropriate management level standards.CommentsClose CommentsPermalink





‘(4) Publish and distribute these standards to each field office so that the methodology for estimating population and determining appropriate management levels is consistent across public lands.CommentsClose CommentsPermalink





‘(5) Train Federal personnel on the use of these standard techniques to estimate population and determine appropriate management levels.’.CommentsClose CommentsPermalink





(4) By striking ‘shall consult with’ and inserting the following:CommentsClose CommentsPermalink





‘(6) Develop and finalize the standards in consultation with--’.CommentsClose CommentsPermalink





(5)(A) By inserting ‘(A)’ before ‘the United States Fish’.CommentsClose CommentsPermalink





(B) By inserting ‘(B)’ before ‘wildlife agencies’.CommentsClose CommentsPermalink





(C) By striking ‘wherein’ and inserting ‘where’.CommentsClose CommentsPermalink





(D) By striking ‘such individuals’ and inserting ‘(C) individuals’.CommentsClose CommentsPermalink





(E) By striking ‘such other individuals’ and inserting ‘(D) individuals’.CommentsClose CommentsPermalink





(F) By striking ‘he’ and inserting ‘the Secretary’.CommentsClose CommentsPermalink





(G) By inserting ‘to’ after ‘determines’.CommentsClose CommentsPermalink





(6) In subparagraphs (A) through (C) of paragraph (6) (as so designated), by striking each comma and inserting a semicolon.CommentsClose CommentsPermalink





(7) In subparagraphs (A) through (D) of paragraph (6) (as so designated), by moving the margins of such subparagraphs 4 ems to the right.CommentsClose CommentsPermalink





(8) After paragraph (6) (as so designated), by inserting the following:CommentsClose CommentsPermalink





‘(7) Identify new, appropriate rangeland for wild free roaming horses and burros, including use of land acquisitions, exchanges, conservation easements, voluntary grazing buyouts, and agreements with private landowners to allow for the federally supervised protection of wild horses and burros on private lands, except that the Secretary shall assess the effects of new range for wild free-roaming horses and burros on rangeland health, riparian zones, water quality, soil compaction, seed bed disturbance, native wildlife, and endangered or threatened species and transmit the results of the assessment to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





‘(8) Establish sanctuaries or exclusive use areas, except that the Secretary shall assess the effects of sanctuaries or exclusive use areas for wild free-roaming horses and burros on rangeland health, riparian zones, water quality, soil compaction, seed bed disturbance, native wildlife and endangered or threatened species and transmit the results of the assessment to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





‘(9) In identifying or designating any new rangeland, or establishing any sanctuary or exclusive use area for wild free-roaming horses and burros, the Secretary of the Interior and the Secretary of Agriculture shall take into account and avoid any potential conflicts with wind, solar, geothermal, oil, natural gas, energy transmission, and mineral resources potential of the lands affected by the identification, designation, or establishment.CommentsClose CommentsPermalink





‘(10) Research, develop, and implement enhanced fertility control for mares, stallions, or both, such as surgical or immunocontraception sterilization or other safe, humane, and effective methods of fertility control.’.CommentsClose CommentsPermalink





(c) In subsection (b) of section 3, by striking ‘(2) Where’ and inserting ‘(d) If’.CommentsClose CommentsPermalink





(d) In subsection (d) (as so designated) of section 3--CommentsClose CommentsPermalink





(1) by striking ‘determines’ and all that follows through ‘horses and burros to be’ in subparagraph (B) and inserting ‘has exhausted all practicable options for maintaining a thriving natural ecological balance on the range, the Secretary may provide that wild free-roaming horses and burros are’;CommentsClose CommentsPermalink





(2) by striking ‘for which he determines’ the first place it appears and inserting ‘so long as the Secretary has determined’;CommentsClose CommentsPermalink





(3) by striking ‘and for which he determines he can assure’ and inserting ‘and the Secretary can ensure’;CommentsClose CommentsPermalink





(4) by striking ‘(including’ and all that follows through ‘That, not’ and inserting the following: ‘by requiring that--CommentsClose CommentsPermalink





‘(1) no’;CommentsClose CommentsPermalink





(5) in paragraph (1) (as so designated)--CommentsClose CommentsPermalink





(A) by striking ‘animals’ the first two places it appears and inserting ‘wild free-roaming horses and burros’;CommentsClose CommentsPermalink





(B) by striking ‘such’ the first place it appears and inserting ‘the’; andCommentsClose CommentsPermalink





(C) by striking ‘and’ after the semicolon and adding the following:CommentsClose CommentsPermalink





‘(2) each individual adopter shall execute an appropriate attestation, pursuant to section 1001 of title 18, United States Code, affirming that adopted animals or their remains shall not be sold or transferred for consideration for processing into commercial products; andCommentsClose CommentsPermalink





‘(3) wild free-roaming horses and burros may not be contained in corrals or short-term holding facilities for more than 6 months while awaiting disposition.’; andCommentsClose CommentsPermalink





(6) by striking subparagraph (C) and paragraph (3).CommentsClose CommentsPermalink





(e) Redesignate subsection (c) of section 3 as subsection (e) and in such subsection--CommentsClose CommentsPermalink





(1) by striking ‘Where excess animals have’ and inserting ‘When a wild free-roaming horse or burro has’;CommentsClose CommentsPermalink





(2) by striking ‘a period of’;CommentsClose CommentsPermalink





(3) by striking ‘is authorized’ and inserting ‘shall,’;CommentsClose CommentsPermalink





(4) by inserting a comma after ‘transferee’;CommentsClose CommentsPermalink





(5) by striking ‘to’ before ‘grant’;CommentsClose CommentsPermalink





(6) by striking ‘title to not more than four animals to’; andCommentsClose CommentsPermalink





(7) by striking ‘at the end of the one-year period’ and inserting ‘title to that animal’.CommentsClose CommentsPermalink





(f) Redesignate subsection (d) of section 3 as subsection (f) and in such subsection--CommentsClose CommentsPermalink





(1) by striking ‘Wild’ and inserting ‘(1) Except as provided for in paragraph (2), wild’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;CommentsClose CommentsPermalink





(3) in subparagraph (A) (as so redesignated), by striking ‘(c) except for the limitation of subsection (c)(1)’ and inserting ‘(e)’;CommentsClose CommentsPermalink





(4) in subparagraph (C) (as so redesignated), by striking ‘(b)’and inserting ‘(h)’;CommentsClose CommentsPermalink





(5) in subparagraph (D) (as so redesignated), by striking ‘; or’ and inserting a period; andCommentsClose CommentsPermalink





(6) in paragraph (5), by striking ‘(5)’ and all that follows through ‘burro’ and inserting the following:CommentsClose CommentsPermalink





‘(2) No animal ever covered under this Act’.CommentsClose CommentsPermalink





(g) By inserting after section 3(f) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(g) Not later than one year after the date of enactment of this subsection, for the purposes of carrying out a successful wild free-roaming horse and burro adoption program the Secretary shall--CommentsClose CommentsPermalink





‘(1) implement creative and more aggressive marketing strategies for the adoption program, including the use of the internet or other media to showcase horses and the adoption program;CommentsClose CommentsPermalink





‘(2) explore public outreach opportunities, including agreements with local and State organizations that are using horses for rehabilitation, therapy, or prisoner programs;CommentsClose CommentsPermalink





‘(3) provide resources to properly screen and train potential adopters;CommentsClose CommentsPermalink





‘(4) conduct tours of Bureau of Land Management facilities for interested parties;CommentsClose CommentsPermalink





‘(5) develop volunteer mentor and compliance check programs for assisting the agency in facilitating successful adoptions;CommentsClose CommentsPermalink





‘(6) develop a program through which potential adopters may be offered an economic incentive for successful completion of the adoption process; andCommentsClose CommentsPermalink





‘(7) take any and all other actions that the Secretary determines to be necessary and useful towards expanding the wild horse and burro adoption program.CommentsClose CommentsPermalink





‘(h) The Secretary may not destroy or authorize the destruction of wild free-roaming horses or burros unless the Secretary--CommentsClose CommentsPermalink





‘(1) determines that the wild free-roaming horse or burro is terminally ill or fatally injured; andCommentsClose CommentsPermalink





‘(2) ensures that the terminally ill or fatally injured wild free-roaming horse or burro will be destroyed in the most humane manner.CommentsClose CommentsPermalink





‘(i) If the immediate health or safety of wild free-roaming horses or burros is threatened, such as in severe drought conditions, the Secretary may temporarily remove animals from the range.CommentsClose CommentsPermalink





‘(j) The Secretary may remove from the range wild free-roaming horses and burros determined to be a threat to the health and well being of native plant or wildlife species.CommentsClose CommentsPermalink





‘(k) Except in cases of removal under subsection (d), (i), or (j), if the Secretary removes wild free-roaming horses or burros from an area, the Secretary shall provide a public notice on the Website of the Bureau of Land Management 30 days prior to the planned removal.CommentsClose CommentsPermalink





‘(l) The Secretary shall--CommentsClose CommentsPermalink





‘(1) track the number of wild free-roaming horses and burros injured or killed during gathering or holding in a centralized database system;CommentsClose CommentsPermalink





‘(2) determine what information on the treatment of gathered wild free-roaming horses and burros in holding and adopted wild free-roaming horses and burros could be provided to the public to help inform the public about the treatment of wild free-roaming horses and burros; andCommentsClose CommentsPermalink





‘(3) ensure that such information is easily accessible on the Website of the Bureau of Land Management.’.CommentsClose CommentsPermalink





(h) By striking subsection (e) (relating to sale of excess animals).CommentsClose CommentsPermalink

SEC. 6. PRIVATE MAINTENANCE.

Section 4 (16 U.S.C. 1334) is amended--CommentsClose CommentsPermalink





(1) by striking ‘animals removed’ and inserting ‘animals returned to public land’; andCommentsClose CommentsPermalink





(2) by inserting ‘pursuant to section 3(h)’ after ‘agents of the Secretary’.CommentsClose CommentsPermalink

SEC. 7. COOPERATIVE AGREEMENTS.

Section 6 (16 U.S.C. 1336) is amended by inserting ‘and other private entities’ after ‘landowners’.CommentsClose CommentsPermalink

SEC. 8. JOINT ADVISORY BOARD.

Section 7 (16 U.S.C. 1337) is amended--CommentsClose CommentsPermalink





(1) by striking ‘nine’ and inserting ‘12’;CommentsClose CommentsPermalink





(2) by striking ‘Governments’ and all that follows ‘management.’ and inserting ‘Governments and shall include three representatives of the livestock industry; three representatives of the environmental community; three representatives of the animal protection community; and three scientists with expertise in wildlife management, animal husbandry, or natural resource management.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new sentence: ‘Nomination of members of the board shall be conducted by public notice and comment in accordance with the Federal Advisory Committee Act (5 U.S.C. Appendix) and shall be for a term of four years. No individual shall serve more then two consecutive terms.’.CommentsClose CommentsPermalink

SEC. 9. CRIMINAL PROVISIONS.

Section 8 (16 U.S.C. 1338) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Any person who’ and inserting ‘(a) Any person who’; andCommentsClose CommentsPermalink





(2) in paragraph (4) of subsection (a) (as so designated)--CommentsClose CommentsPermalink





(A) by striking ‘except as provided in section 3(e),’;CommentsClose CommentsPermalink





(B) by inserting ‘, transports for processing,’ after ‘processes’;CommentsClose CommentsPermalink





(C) by striking ‘the remains of a’ and inserting ‘a live or deceased’; andCommentsClose CommentsPermalink





(D) by inserting ‘for consideration’ after ‘burro’.CommentsClose CommentsPermalink

SEC. 10. LIMITATION OF AUTHORITY.

Strike section 10 (16 U.S.C. 1339) and redesignate section 11 as section 10.CommentsClose CommentsPermalink

SEC. 11. REPORTS.

Section 10 (as so redesignated by section 10 of this Act) is amended as follows:CommentsClose CommentsPermalink





(1) By striking ‘After the expiration’ and all that follows through ‘thereafter’ and inserting ‘(a)(1) Not later than one year after the date of enactment of this subsection and annually thereafter’.CommentsClose CommentsPermalink





(2) By striking ‘will submit to Congress a joint report’ and inserting ‘shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a joint report’.CommentsClose CommentsPermalink





(3) By striking ‘he’ and inserting ‘the Secretaries’.CommentsClose CommentsPermalink





(4) By inserting after subsection (a)(1) (as so designated) the following:CommentsClose CommentsPermalink





‘(2) The report shall also contain the following--CommentsClose CommentsPermalink





‘(A) the number of acres managed by the Bureau of Land Management and the USDA Forest Service for wild free-roaming horses and burros;CommentsClose CommentsPermalink





‘(B) the appropriate management levels on public rangelands;CommentsClose CommentsPermalink





‘(C) a description of the methods used to determine the appropriate management levels and whether it was applied consistently across the agency;CommentsClose CommentsPermalink





‘(D) the number of wild free-roaming horses and burros on public lands;CommentsClose CommentsPermalink





‘(E) a description of the methods used to determine the wild free-roaming horse and burro population;CommentsClose CommentsPermalink





‘(F) any land acquisitions, exchanges, conservation easements, and voluntary grazing buyouts that the Secretary has acquired or pursued for wild free-roaming horses and burros;CommentsClose CommentsPermalink





‘(G) any sanctuaries or exclusive use areas established for wild free-roaming horses and burros;CommentsClose CommentsPermalink





‘(H) programs established for fertility control research, development, and management level implementation;CommentsClose CommentsPermalink





‘(I) the extent to which fertility control is being used by the Secretary to control the population of wild free-roaming horses and burros;CommentsClose CommentsPermalink





‘(J) the percentage of the Bureau of Land Management budget devoted to contraception annually;CommentsClose CommentsPermalink





‘(K) the ratio of animals the agency has contracepted and put back on the range; andCommentsClose CommentsPermalink





‘(L) which herds have been administered contraception and with what results.CommentsClose CommentsPermalink





‘(3) Each report submitted under paragraph (2) shall be made available to the public on the Website of the Bureau of Land Management.’.CommentsClose CommentsPermalink





(5) By inserting ‘(b)’ before ‘The Secretary of the Interior’.CommentsClose CommentsPermalink

Passed the House of Representatives July 17, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.