IIB
111th CONGRESS
1st Session
H. R. 1018
IN THE SENATE OF THE UNITED STATES
July 20, 2009
Received; read twice and referred to the Committee on Energy and Natural Resources
AN ACT
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.
Short title
This Act may be cited as the
Restore Our American Mustangs
Act
.
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.).
Policy
The first section is amended by striking
in the area where presently found, as
.
Definitions
Section 2 (16 U.S.C. 1332) is amended—
in paragraph (b),
by inserting born or present
after unclaimed horses and
burros
;
in paragraph (c),
by striking which does not exceed their known territorial
limits,
;
in paragraph (d)—
by inserting
and any associated foals
after his mares
;
and
by striking
and
after the semicolon;
in paragraph (e), by striking the period and inserting a semicolon;
in paragraph (f)—
by striking (1) which
and
all that follows through (2)
;
by inserting
, in accordance with section 3(d),
after from an
area
; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
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; and
fatally
injured or terminally ill
means an animal exhibiting one or more of the
following:
A hopeless prognosis for life.
A chronic or incurable disease, injury, lameness, or serious physical defect (including severe tooth loss or wear, club foot, and other severe congenital abnormalities).
A condition requiring continuous treatment for the relief of pain and suffering in a domestic setting.
An acute or chronic illness, injury, physical condition or lameness that would preclude an acceptable quality of life for the foreseeable future.
.
Inventory and determinations
Section 3(a) (16 U.S.C. 1333(a)) is amended as follows:
By striking
is authorized and directed to
and
inserting
shall—
.
By striking , and he may
and
inserting a semicolon.
By inserting
before designate
the following:
.
In paragraph (2) (as so designated)—
by striking
their
and inserting the
;
by inserting
of wild free-roaming horses and burros
after
preservation
;
by striking
wherein
and inserting where
;
by striking
deems
and inserting , considers
; and
by striking
desirable. The Secretary shall
and
inserting
desirable;
.
In paragraph (3)
(as so designated), by striking the period after public lands
and inserting a semicolon.
By striking
He shall
and inserting the following:
.
In paragraph (4)
(as so designated), by striking of this Act.
and inserting
of this Act;
.
By striking
All
and inserting the following:
ensure that
.
In paragraph (5) (as so designated)—
by inserting
related to wild free-roaming horses and burros are
after
activities
;
by striking shall be
both
places it appears;
by inserting relevant State
after in consultation with the
;
by striking of the State wherein
such lands are located
;
by striking which inhabit such
lands
; and
by striking the period after
endangered wildlife species
and inserting a semicolon.
By striking
Any
and inserting the following:
ensure that any
.
In paragraph (6) (as so designated)—
by striking
on any such lands shall take
and inserting are made after
taking
; and
by striking
which inhabit such lands.
and inserting ;
and
.
At the end of such subsection, add the following:
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.
.
Subsection (b)(1) of section 3 is amended as follows:
By striking
(b)(1) The Secretary shall
and inserting the following:
In order to determine if a thriving natural ecological balance exists with regards to wild free-roaming horses and burros, the Secretary shall—
.
In paragraph (1) (as so designated)—
by striking
a current
and inserting an
; and
by striking the period after public
lands
and inserting a semicolon and the following:
update the inventory every two years; and
make the inventory available to the public on the Website of the Bureau of Land Management.
.
By striking
The purpose
and all that follows through the
Secretary
and inserting the following:
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:
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).
Develop a policy and standards, with public involvement, for setting consistent, appropriate management levels on public lands, based on scientifically sound methodologies.
Provide a public process, including a period for notice and comment, for finalizing appropriate management level standards.
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.
Train Federal personnel on the use of these standard techniques to estimate population and determine appropriate management levels.
.
By striking
shall consult with
and inserting the following:
Develop and finalize the standards in consultation with—
.
By inserting
(A)
before the United States Fish
.
By inserting (B)
before
wildlife agencies
.
By striking wherein
and
inserting where
.
By striking such
individuals
and inserting (C) individuals
.
By striking such other
individuals
and inserting (D) individuals
.
By striking he
and
inserting the Secretary
.
By inserting to
after
determines
.
In subparagraphs (A) through (C) of paragraph (6) (as so designated), by striking each comma and inserting a semicolon.
In subparagraphs (A) through (D) of paragraph (6) (as so designated), by moving the margins of such subparagraphs 4 ems to the right.
After paragraph (6) (as so designated), by inserting the following:
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.
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.
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.
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.
.
In subsection (b) of section 3, by striking
(2) Where
and inserting (d) If
.
In subsection (d) (as so designated) of section 3—
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
;
by striking for which he
determines
the first place it appears and inserting so long as
the Secretary has determined
;
by striking
and for which he determines he can assure
and inserting
and the Secretary can ensure
;
by striking (including
and
all that follows through That, not
and inserting the
following:
by requiring that—
no
;
in paragraph (1) (as so designated)—
by striking
animals
the first two places it appears and inserting
wild free-roaming horses and burros
;
by striking
such
the first place it appears and inserting
the
; and
by striking
and
after the semicolon and adding the following:
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; and
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.
; and
by striking subparagraph (C) and paragraph (3).
Redesignate subsection (c) of section 3 as subsection (e) and in such subsection—
by striking
Where excess animals have
and inserting When a wild
free-roaming horse or burro has
;
by striking a period
of
;
by striking is authorized
and inserting shall,
;
by inserting a comma after
transferee
;
by striking to
before
grant
;
by striking title to not more than
four animals to
; and
by striking at the end of the
one-year period
and inserting title to that
animal
.
Redesignate subsection (d) of section 3 as subsection (f) and in such subsection—
by striking Wild
and
inserting (1) Except as provided for in paragraph (2),
wild
;
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
in subparagraph
(A) (as so redesignated), by striking (c) except for the limitation of
subsection (c)(1)
and inserting (e)
;
in subparagraph
(C) (as so redesignated), by striking (b)
and inserting
(h)
;
in subparagraph
(D) (as so redesignated), by striking ; or
and inserting a
period; and
in paragraph (5), by striking
(5)
and all that follows through burro
and
inserting the following:
No animal ever covered under this Act
.
By inserting after section 3(f) (as so redesignated) the following:
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—
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;
explore public outreach opportunities, including agreements with local and State organizations that are using horses for rehabilitation, therapy, or prisoner programs;
provide resources to properly screen and train potential adopters;
conduct tours of Bureau of Land Management facilities for interested parties;
develop volunteer mentor and compliance check programs for assisting the agency in facilitating successful adoptions;
develop a program through which potential adopters may be offered an economic incentive for successful completion of the adoption process; and
take any and all other actions that the Secretary determines to be necessary and useful towards expanding the wild horse and burro adoption program.
The Secretary may not destroy or authorize the destruction of wild free-roaming horses or burros unless the Secretary—
determines that the wild free-roaming horse or burro is terminally ill or fatally injured; and
ensures that the terminally ill or fatally injured wild free-roaming horse or burro will be destroyed in the most humane manner.
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.
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.
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.
The Secretary shall—
track the number of wild free-roaming horses and burros injured or killed during gathering or holding in a centralized database system;
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; and
ensure that such information is easily accessible on the Website of the Bureau of Land Management.
.
By striking subsection (e) (relating to sale of excess animals).
Private maintenance
Section 4 (16 U.S.C. 1334) is amended—
by striking
animals removed
and inserting animals returned to public
land
; and
by inserting
pursuant to section 3(h)
after agents of the
Secretary
.
Cooperative agreements
Section 6
(16 U.S.C.
1336) is amended by inserting and other private
entities
after landowners
.
Joint advisory board
Section 7 (16 U.S.C. 1337) is amended—
by striking
nine
and inserting 12
;
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.
; and
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.
.
Criminal provisions
Section 8 (16 U.S.C. 1338) is amended—
by striking
Any person who
and inserting (a) Any person who
;
and
in paragraph (4) of subsection (a) (as so designated)—
by striking
except as provided in section 3(e),
;
by inserting
, transports for processing,
after
processes
;
by striking
the remains of a
and inserting a live or
deceased
; and
by inserting
for consideration
after burro
.
Limitation of authority
Strike section 10 (16 U.S.C. 1339) and redesignate section 11 as section 10.
Reports
Section 10 (as so redesignated by section 10 of this Act) is amended as follows:
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
.
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
.
By striking he
and inserting
the Secretaries
.
By inserting after subsection (a)(1) (as so designated) the following:
The report shall also contain the following—
the number of acres managed by the Bureau of Land Management and the USDA Forest Service for wild free-roaming horses and burros;
the appropriate management levels on public rangelands;
a description of the methods used to determine the appropriate management levels and whether it was applied consistently across the agency;
the number of wild free-roaming horses and burros on public lands;
a description of the methods used to determine the wild free-roaming horse and burro population;
any land acquisitions, exchanges, conservation easements, and voluntary grazing buyouts that the Secretary has acquired or pursued for wild free-roaming horses and burros;
any sanctuaries or exclusive use areas established for wild free-roaming horses and burros;
programs established for fertility control research, development, and management level implementation;
the extent to which fertility control is being used by the Secretary to control the population of wild free-roaming horses and burros;
the percentage of the Bureau of Land Management budget devoted to contraception annually;
the ratio of animals the agency has contracepted and put back on the range; and
which herds have been administered contraception and with what results.
Each report submitted under paragraph (2) shall be made available to the public on the Website of the Bureau of Land Management.
.
By inserting (b)
before
The Secretary of the Interior
.
Passed the House of Representatives July 17, 2009.
Lorraine C. Miller,
Clerk