1.This Act may be cited as the
Restore Our American Mustangs
Act
.
2.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.).
3.The first section is amended by striking
in the area where presently found, as
.
4.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.
.
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).
6.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
.
7.Section 6
(16 U.S.C.
1336) is amended by inserting and other private
entities
after landowners
.
8.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.
.
9.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
.
10.Strike section 10
(16 U.S.C.
1339) and redesignate section 11 as section 10.
11.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.
Lorraine C. Miller,
Clerk