S.Amdt. 1487

SA 1487. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to
support innovation in advanced geothermal research and development, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE IV--MISCELLANEOUS

SEC. 4001. PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-
ROAMING HORSES AND BURROS.

Section 3 of Public Law 92-195 (16 U.S.C. 1333) is
amended--

[[Page S1483]]

(1) in subsection (b)--
(A) by striking the subsection designation and all that
follows through ``The Secretary'' in the first sentence of
paragraph (1) and inserting the following:
``(b) Inventory; Overpopulation; Research Study.--
``(1) Inventory.--
``(A) In general.--The Secretary'';
(B) in subparagraph (A) of paragraph (1) (as so
designated)--
(i) in the third sentence, by striking ``In making such
determinations the Secretary'' and inserting the following:
``(C) Consultation.--In making a determination under
subparagraph (B), the Secretary''; and
(ii) in the second sentence, by striking ``The purpose of
such inventory shall be to: make'' and inserting the
following:
``(B) Determinations.--The purpose of the inventory under
subparagraph (A) shall be to make'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking the semicolon at the
end and inserting a period;
(ii) in subparagraph (B), by striking ``; and'' at the end
and inserting a period;
(iii) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting the
clauses appropriately; and
(iv) by striking the paragraph designation and all that
follows through ``management levels. Such action shall be
taken, in'' and inserting the following:
``(2) Overpopulation.--
``(A) In general.--On a determination by the Secretary in
accordance with subparagraph (B) that an overpopulation of
wild free-roaming horses or burros exists on a given area of
public land, and that action is necessary to remove excess
horses or burros, the Secretary shall immediately remove
excess horses or burros from the public land range as the
Secretary determines to be necessary to achieve appropriate
management levels of wild free-roaming horses or burros.
``(B) Basis of determinations.--The Secretary shall make a
determination under subparagraph (A) on the basis of--
``(i)(I) the current inventory of land within the
jurisdiction of the Secretary;
``(II) information contained in any relevant land use
planning completed pursuant to section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712);
``(III) relevant information contained in court ordered
environmental impact statements (as defined in section 3 of
the Public Rangelands Improvement Act of 1978 (43 U.S.C.
1902)); and
``(IV) such additional information as becomes available to
the Secretary from time to time, including any information
developed in the research study under paragraph (3); or
``(ii) in the absence of information described in clause
(i), all information otherwise available to the Secretary.
``(C) Applicability of nepa.--
``(i) In general.--During any period with respect to which
the Secretary determines under subparagraph (A) that an
overpopulation of wild free-roaming horses or burros exists,
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall not apply to--

``(I) the use of any vehicle, including an all-terrain
vehicle or helicopter, that the Secretary determines to be
necessary to capture excess wild free-roaming horses or
burros; or
``(II) the sterilization by a licensed professional of any
male or female wild free-roaming horse or burro.

``(ii) Resumption.--The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) shall apply to the
activities described in subclauses (I) and (II) of clause (i)
beginning on the date on which the Secretary determines that
the appropriate management level of wild free-roaming horses
or burros has been attained with respect to an applicable
area of public land.
``(D) Order and priority.--An action under subparagraph (A)
shall be carried out in''; and
(D) in paragraph (3)--
(i) in the third sentence, by striking ``Such study'' and
inserting the following:
``(C) Deadline.--The study under this paragraph'';
(ii) in the second sentence, by striking ``The terms and
outline of such research study'' and inserting the following:
``(B) Research design panel.--The terms and outline of the
study under this paragraph''; and
(iii) by striking ``(3) For the purpose'' and inserting the
following:
``(3) Research study.--
``(A) In general.--For the purpose''; and
(2) in subsection (d)--
(A) in each of paragraphs (2) and (3), by striking ``or''
at the end; and
(B) by striking paragraph (1) and inserting the following:
``(1) on passage of title pursuant to subsection (c),
subject to the limitation described in that subsection;''.
______