[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1018 Referred in Senate (RFS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Our American Mustangs Act''.

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.).

SEC. 3. POLICY.

    The first section is amended by striking ``in the area where 
presently found, as''.

SEC. 4. DEFINITIONS.

    Section 2 (16 U.S.C. 1332) is amended--
            (1) in paragraph (b), by inserting ``born or present'' 
        after ``unclaimed horses and burros'';
            (2) in paragraph (c), by striking ``which does not exceed 
        their known territorial limits,'';
            (3) in paragraph (d)--
                    (A) by inserting ``and any associated foals'' after 
                ``his mares''; and
                    (B) by striking ``and'' after the semicolon;
            (4) in paragraph (e), by striking the period and inserting 
        a semicolon;
            (5) in paragraph (f)--
                    (A) by striking ``(1) which'' and all that follows 
                through ``(2)'';
                    (B) by inserting ``, in accordance with section 
                3(d),'' after ``from an area''; and
                    (C) by striking the period at the end and inserting 
                a semicolon; and
            (6) by adding at the end the following:
            ``(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; and
            ``(h) `fatally injured or terminally ill' means an animal 
        exhibiting one or more of the following:
                    ``(1) A hopeless prognosis for life.
                    ``(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).
                    ``(3) A condition requiring continuous treatment 
                for the relief of pain and suffering in a domestic 
                setting.
                    ``(4) An acute or chronic illness, injury, physical 
                condition or lameness that would preclude an acceptable 
                quality of life for the foreseeable future.''.

SEC. 5. INVENTORY AND DETERMINATIONS.

    (a) Section 3(a) (16 U.S.C. 1333(a)) is amended as follows:
            (1) By striking ``is authorized and directed to'' and 
        inserting ``shall--
            ``(1)''.
            (2) By striking ``, and he may'' and inserting a semicolon.
            (3) By inserting before ``designate'' the following:
            ``(2)''.
            (4) In paragraph (2) (as so designated)--
                    (A) by striking ``their'' and inserting ``the'';
                    (B) by inserting ``of wild free-roaming horses and 
                burros'' after ``preservation'';
                    (C) by striking ``wherein'' and inserting 
                ``where'';
                    (D) by striking ``deems'' and inserting ``, 
                considers''; and
                    (E) by striking ``desirable. The Secretary shall'' 
                and inserting ``desirable;
            ``(3)''.
            (5) In paragraph (3) (as so designated), by striking the 
        period after ``public lands'' and inserting a semicolon.
            (6) By striking ``He shall'' and inserting the following:
            ``(4)''.
            (7) In paragraph (4) (as so designated), by striking ``of 
        this Act.'' and inserting ``of this Act;''.
            (8) By striking ``All'' and inserting the following:
            ``(5) ensure that''.
            (9) In paragraph (5) (as so designated)--
                    (A) by inserting ``related to wild free-roaming 
                horses and burros are'' after ``activities'';
                    (B) by striking ``shall be'' both places it 
                appears;
                    (C) by inserting ``relevant State'' after ``in 
                consultation with the'';
                    (D) by striking ``of the State wherein such lands 
                are located'';
                    (E) by striking ``which inhabit such lands''; and
                    (F) by striking the period after ``endangered 
                wildlife species'' and inserting a semicolon.
            (10) By striking ``Any'' and inserting the following:
            ``(6) ensure that any''.
            (11) In paragraph (6) (as so designated)--
                    (A) by striking ``on any such lands shall take'' 
                and inserting ``are made after taking''; and
                    (B) by striking ``which inhabit such lands.'' and 
                inserting ``; and''.
            (12) At the end of such subsection, add the following:
            ``(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.''.
    (b) Subsection (b)(1) of section 3 is amended as follows:
            (1) By striking ``(b)(1) The Secretary shall'' and 
        inserting the following:
    ``(b) In order to determine if a thriving natural ecological 
balance exists with regards to wild free-roaming horses and burros, the 
Secretary shall--
            ``(1)''.
            (2) In paragraph (1) (as so designated)--
                    (A) by striking ``a current'' and inserting ``an''; 
                and
                    (B) by striking the period after ``public lands'' 
                and inserting a semicolon and the following:
            ``(2) update the inventory every two years; and
            ``(3) make the inventory available to the public on the 
        Website of the Bureau of Land Management.''.
            (3) By striking ``The purpose'' and all that follows 
        through ``the Secretary'' and inserting the following:
    ``(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:
            ``(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).
            ``(2) Develop a policy and standards, with public 
        involvement, for setting consistent, appropriate management 
        levels on public lands, based on scientifically sound 
        methodologies.
            ``(3) Provide a public process, including a period for 
        notice and comment, for finalizing appropriate management level 
        standards.
            ``(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.
            ``(5) Train Federal personnel on the use of these standard 
        techniques to estimate population and determine appropriate 
        management levels.''.
            (4) By striking ``shall consult with'' and inserting the 
        following:
            ``(6) Develop and finalize the standards in consultation 
        with--''.
            (5)(A) By inserting ``(A)'' before ``the United States 
        Fish''.
            (B) By inserting ``(B)'' before ``wildlife agencies''.
            (C) By striking ``wherein'' and inserting ``where''.
            (D) By striking ``such individuals'' and inserting ``(C) 
        individuals''.
            (E) By striking ``such other individuals'' and inserting 
        ``(D) individuals''.
            (F) By striking ``he'' and inserting ``the Secretary''.
            (G) By inserting ``to'' after ``determines''.
            (6) In subparagraphs (A) through (C) of paragraph (6) (as 
        so designated), by striking each comma and inserting a 
        semicolon.
            (7) In subparagraphs (A) through (D) of paragraph (6) (as 
        so designated), by moving the margins of such subparagraphs 4 
        ems to the right.
            (8) After paragraph (6) (as so designated), by inserting 
        the following:
            ``(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.
            ``(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.
            ``(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.
            ``(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.''.
    (c) In subsection (b) of section 3, by striking ``(2) Where'' and 
inserting ``(d) If''.
    (d) In subsection (d) (as so designated) of section 3--
            (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'';
            (2) by striking ``for which he determines'' the first place 
        it appears and inserting ``so long as the Secretary has 
        determined'';
            (3) by striking ``and for which he determines he can 
        assure'' and inserting ``and the Secretary can ensure'';
            (4) by striking ``(including'' and all that follows through 
        ``That, not'' and inserting the following: ``by requiring 
        that--
            ``(1) no'';
            (5) in paragraph (1) (as so designated)--
                    (A) by striking ``animals'' the first two places it 
                appears and inserting ``wild free-roaming horses and 
                burros'';
                    (B) by striking ``such'' the first place it appears 
                and inserting ``the''; and
                    (C) by striking ``and'' after the semicolon and 
                adding the following:
            ``(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; and
            ``(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.''; and
            (6) by striking subparagraph (C) and paragraph (3).
    (e) Redesignate subsection (c) of section 3 as subsection (e) and 
in such subsection--
            (1) by striking ``Where excess animals have'' and inserting 
        ``When a wild free-roaming horse or burro has'';
            (2) by striking ``a period of'';
            (3) by striking ``is authorized'' and inserting ``shall,'';
            (4) by inserting a comma after ``transferee'';
            (5) by striking ``to'' before ``grant'';
            (6) by striking ``title to not more than four animals to''; 
        and
            (7) by striking ``at the end of the one-year period'' and 
        inserting ``title to that animal''.
    (f) Redesignate subsection (d) of section 3 as subsection (f) and 
in such subsection--
            (1) by striking ``Wild'' and inserting ``(1) Except as 
        provided for in paragraph (2), wild'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (3) in subparagraph (A) (as so redesignated), by striking 
        ``(c) except for the limitation of subsection (c)(1)'' and 
        inserting ``(e)'';
            (4) in subparagraph (C) (as so redesignated), by striking 
        ``(b)''and inserting ``(h)'';
            (5) in subparagraph (D) (as so redesignated), by striking 
        ``; or'' and inserting a period; and
            (6) in paragraph (5), by striking ``(5)'' and all that 
        follows through ``burro'' and inserting the following:
    ``(2) No animal ever covered under this Act''.
    (g) By inserting after section 3(f) (as so redesignated) the 
following:
    ``(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--
            ``(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;
            ``(2) explore public outreach opportunities, including 
        agreements with local and State organizations that are using 
        horses for rehabilitation, therapy, or prisoner programs;
            ``(3) provide resources to properly screen and train 
        potential adopters;
            ``(4) conduct tours of Bureau of Land Management facilities 
        for interested parties;
            ``(5) develop volunteer mentor and compliance check 
        programs for assisting the agency in facilitating successful 
        adoptions;
            ``(6) develop a program through which potential adopters 
        may be offered an economic incentive for successful completion 
        of the adoption process; and
            ``(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.
    ``(h) The Secretary may not destroy or authorize the destruction of 
wild free-roaming horses or burros unless the Secretary--
            ``(1) determines that the wild free-roaming horse or burro 
        is terminally ill or fatally injured; and
            ``(2) ensures that the terminally ill or fatally injured 
        wild free-roaming horse or burro will be destroyed in the most 
        humane manner.
    ``(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.
    ``(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.
    ``(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.
    ``(l) The Secretary shall--
            ``(1) track the number of wild free-roaming horses and 
        burros injured or killed during gathering or holding in a 
        centralized database system;
            ``(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; and
            ``(3) ensure that such information is easily accessible on 
        the Website of the Bureau of Land Management.''.
    (h) By striking subsection (e) (relating to sale of excess 
animals).

SEC. 6. PRIVATE MAINTENANCE.

    Section 4 (16 U.S.C. 1334) is amended--
            (1) by striking ``animals removed'' and inserting ``animals 
        returned to public land''; and
            (2) by inserting ``pursuant to section 3(h)'' after 
        ``agents of the Secretary''.

SEC. 7. COOPERATIVE AGREEMENTS.

    Section 6 (16 U.S.C. 1336) is amended by inserting ``and other 
private entities'' after ``landowners''.

SEC. 8. JOINT ADVISORY BOARD.

    Section 7 (16 U.S.C. 1337) is amended--
            (1) by striking ``nine'' and inserting ``12'';
            (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.''; and
            (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.''.

SEC. 9. CRIMINAL PROVISIONS.

    Section 8 (16 U.S.C. 1338) is amended--
            (1) by striking ``Any person who'' and inserting ``(a) Any 
        person who''; and
            (2) in paragraph (4) of subsection (a) (as so designated)--
                    (A) by striking ``except as provided in section 
                3(e),'';
                    (B) by inserting ``, transports for processing,'' 
                after ``processes'';
                    (C) by striking ``the remains of a'' and inserting 
                ``a live or deceased''; and
                    (D) by inserting ``for consideration'' after 
                ``burro''.

SEC. 10. LIMITATION OF AUTHORITY.

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

SEC. 11. REPORTS.

    Section 10 (as so redesignated by section 10 of this Act) is 
amended as follows:
            (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''.
            (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''.
            (3) By striking ``he'' and inserting ``the Secretaries''.
            (4) By inserting after subsection (a)(1) (as so designated) 
        the following:
    ``(2) The report shall also contain the following--
            ``(A) the number of acres managed by the Bureau of Land 
        Management and the USDA Forest Service for wild free-roaming 
        horses and burros;
            ``(B) the appropriate management levels on public 
        rangelands;
            ``(C) a description of the methods used to determine the 
        appropriate management levels and whether it was applied 
        consistently across the agency;
            ``(D) the number of wild free-roaming horses and burros on 
        public lands;
            ``(E) a description of the methods used to determine the 
        wild free-roaming horse and burro population;
            ``(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;
            ``(G) any sanctuaries or exclusive use areas established 
        for wild free-roaming horses and burros;
            ``(H) programs established for fertility control research, 
        development, and management level implementation;
            ``(I) the extent to which fertility control is being used 
        by the Secretary to control the population of wild free-roaming 
        horses and burros;
            ``(J) the percentage of the Bureau of Land Management 
        budget devoted to contraception annually;
            ``(K) the ratio of animals the agency has contracepted and 
        put back on the range; and
            ``(L) which herds have been administered contraception and 
        with what results.
    ``(3) Each report submitted under paragraph (2) shall be made 
available to the public on the Website of the Bureau of Land 
Management.''.
            (5) By inserting ``(b)'' before ``The Secretary of the 
        Interior''.

            Passed the House of Representatives July 17, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.