[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9154 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9154

To amend the Wild Free-Roaming Horses and Burros Act to protect horses 
 and burros from slaughter and ensure their humane management, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2022

 Mr. Grijalva (for himself, Mr. Cohen, Mr. Fitzpatrick, Ms. Titus, Mr. 
 Schweikert, and Mr. Neguse) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Wild Free-Roaming Horses and Burros Act to protect horses 
 and burros from slaughter and ensure their humane management, 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 ``Wild Free-Roaming Horses and Burros 
Protection Act of 2022''.

SEC. 2. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT.

    (a) Congressional Findings and Declaration of Policy.--Section 1 of 
the Wild Free-Roaming Horses and Burros Act (16 U.S.C. 1331) is amended 
by striking ``in the area where presently found, as''.
    (b) Definitions.--Section 2 of the Wild Free-Roaming Horses and 
Burros Act (16 U.S.C. 1332) is amended--
            (1) in subsection (a), by striking ``by him'' in each place 
        it occurs;
            (2) in subsection (b), by striking ```wild free-roaming 
        horses and burros''' and inserting ```wild free-roaming horses 
        and burros' or `wild free-roaming horses or burros''';
            (3) by amending subsection (d) to read as follows:
    ``(d) `population' means all wild free-roaming horses and burros 
existing within the boundaries of a herd management area or range;'';
            (4) in subsection (e), by striking ``Service.'' and 
        inserting ``Service;''
            (5) in subsection (f)--
                    (A) by striking ``or burros'' and all that follows 
                through ``must be removed'' and inserting ``and burros 
                that must be removed''; and
                    (B) by striking ``in that area.'' and inserting 
                ``in that area;''; and
            (6) by adding at the end the following:
    ``(g) `minimal feasible level' means a level that is least invasive 
and disruptive to the natural behaviors of wild free-roaming horses and 
burros and their ability to live on public lands;
    ``(h) `surgically sterilize' means to make an animal permanently 
incapable of producing offspring as a result of a procedure involving 
an incision and either--
            ``(1) the removal of reproductive organ(s); or
            ``(2) the alteration of reproductive organ(s) or 
        surrounding tissue;
    ``(i) `fatally injured or terminally ill' means exhibiting an acute 
or chronic illness, injury, physical condition, or lameness that, as 
determined by a licensed veterinarian--
            ``(1) precludes an acceptable quality of life due to pain 
        or suffering; or
            ``(2) has a minimal chance of recovery;
    ``(j) `appropriate management level' means the level at which the 
number of wild free-roaming horses and burros in a population are able 
to--
            ``(1) sustain themselves in a healthy condition;
            ``(2) produce healthy foals;
            ``(3) maintain healthy genetic diversity; and
            ``(4) sustain a thriving natural ecological balance;
    ``(k) `animal welfare or wild horse organization' means an 
organization--
            ``(1) described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3));
            ``(2) exempt from taxation under section 501(a) of such 
        Code; and
            ``(3) the mission and practice of which includes the humane 
        treatment of wild horses and burros; and
    ``(l) `herd management area' means a designated area of public 
lands established for the maintenance and preservation of wild free-
roaming horse and burro populations.''.
    (c) Powers and Duties of Secretary.--Section 3 of the Wild Free-
Roaming Horses and Burros Act (16 U.S.C. 1333) is amended--
            (1) in subsection (a)--
                    (A) by striking ``All wild free-roaming horses and 
                burros are hereby'' and inserting the following:
            ``(1) All wild free-roaming horses and burros are hereby'';
                    (B) by striking ``he may designate and maintain 
                specific ranges on public lands as sanctuaries for 
                their protection and preservation, where the Secretary 
                after consultation'' and inserting ``the Secretary may 
                designate and maintain specific ranges on public lands 
                as sanctuaries for the protection and preservation of 
                wild free-roaming horses and burros, after 
                consultation'';
                    (C) by striking ``He shall consider'' and inserting 
                ``The Secretary shall consider'';
                    (D) by inserting ``wild free-roaming horses and 
                burros as well as'' before ``the natural ecological 
                balance'';
                    (E) by inserting ``wild free-roaming horses and 
                burros and'' before ``other wildlife species''; and
                    (F) by adding at the end the following:
            ``(2) The Secretary shall provide for the welfare of wild 
        free-roaming horses and burros during handling, management 
        activities, removals, euthanasia, short-term holding, long-term 
        holding, and all other activities conducted under this Act by--
                    ``(A) establishing regulations, consistent with 
                this Act, that--
                            ``(i) require, and describe conditions for, 
                        humane treatment of the animals during such 
                        activities; and
                            ``(ii) ensure measures are in place for 
                        violations of the requirements or conditions 
                        under clause (i) to be corrected as 
                        expeditiously as practicable; and
                    ``(B) taking action as expeditiously as practicable 
                to correct, prevent the recurrence of, and record 
                violations of such regulations.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``should be taken to remove 
                        excess animals'' and inserting ``should be 
                        taken to manage excess animals'';
                            (ii) by striking ``determine whether 
                        appropriate management levels should be 
                        achieved by the removal or destruction of 
                        excess animals, or other options (such as 
                        sterilization, or natural controls on 
                        population levels)'' and inserting ``determine 
                        how the Secretary can achieve appropriate 
                        management levels using the most humane 
                        approaches available''; and
                            (iii) by striking ``whom he determines'' 
                        and inserting ``whom the Secretary 
                        determines'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2)(A) 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 shall 
        implement the most humane, minimally invasive, scientifically 
        proven fertility control methods, such as reversible 
        immunocontraception vaccines, to achieve on-range management 
        goals.
            ``(B) In carrying out this paragraph, the Secretary may 
        contract with or enter into partnerships with nonprofit 
        organizations (with preference given to veterans organizations 
        and animal welfare or wild horse organizations trained or 
        otherwise certified in the humane management or population 
        control of wild horses and burros).
            ``(C) Nothing in this Act authorizes the Secretary to 
        surgically sterilize any wild free-roaming horse or burro for 
        the purposes of on-range population management.'';
                    (D) by amending paragraph (3), as so redesignated, 
                to read as follows:
            ``(3)(A) The Secretary shall exhaust all practicable 
        options for maintaining a thriving natural ecological balance 
        on public lands before removing wild free-roaming horses and 
        burros, including reallocating forage within the herd 
        management area or range, the use of reversible 
        immunocontraceptives, or relocating excess animals to herd 
        management areas or ranges.
            ``(B) A determination to remove excess animals from public 
        lands must be made on the basis of--
                    ``(i) the current inventory of lands under the 
                jurisdiction of the Secretary;
                    ``(ii) information contained in any land use 
                planning completed pursuant to section 202 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712);
                    ``(iii) 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);
                    ``(iv) the best available science; and
                    ``(v) such additional information as becomes 
                available to the Secretary from time to time, including 
                that information developed in the research study 
                mandated by this section.
            ``(C) In the absence of the information contained in 
        clauses (i) through (v) of subparagraph (B), a determination to 
        remove excess animals from public lands must be made on the 
        basis of all information currently available to the Secretary 
        that such removal is necessary.
            ``(D) After publishing in the Federal Register a 
        determination to remove excess animals from public land, the 
        Secretary may cause excess animals to be humanely captured and 
        removed for private maintenance and care for which the 
        Secretary determines an adoption demand exists by qualified 
        individuals prior to removal, except in the case of a removal 
        pursuant to subsection (j).
            ``(E) The Secretary must ensure humane treatment and care 
        of the animals (including proper transportation, feeding, and 
        handling), including by requiring that--
                    ``(i) not more than four animals may be adopted per 
                year by any individual; and
                    ``(ii) each individual adopter execute an 
                appropriate attestation, pursuant to section 1001 of 
                title 18, United States Code, affirming that the 
                adopter will not cause or allow an adopted animal or 
                its remains to be processed into a commercial product, 
                including by any action described in section 
                8(a)(4).''; and
                    (E) in paragraph (4), as so redesignated, by 
                striking ``assisting him in making his'' and inserting 
                ``assisting the Secretary in making a'';
            (3) in subsection (c)--
                    (A) by striking ``Where excess animals have'' and 
                inserting ``When a wild free-roaming horse or burro 
                has''; and
                    (B) by striking ``one-year period'' and inserting 
                ``one-year period only after the Secretary or a trained 
                representative completes a compliance inspection and it 
                is determined that there are no violations of 
                applicable laws, regulations, or contract terms'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``except for the 
                limitation of subsection (c)(1)'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) upon destruction by the Secretary or a designee of 
        the Secretary pursuant to subsection (h) of this section.''; 
        and
                    (C) by striking paragraphs (4) and (5);
            (5) by amending subsection (e) to read as follows:
    ``(e) Funds generated from the adoption of excess animals under 
this subsection shall be--
            ``(1) credited as an offsetting collection to the 
        Management of Lands and Resources appropriation for the Bureau 
        of Land Management; and
            ``(2) used for the costs relating to the adoption of wild 
        free-roaming horses and burros, including the costs of 
        marketing such adoption.''; and
            (6) by adding at the end the following:
    ``(f) For the purposes of carrying out a successful wild free-
roaming horse and burro adoption program, the Secretary shall--
            ``(1) work with animal welfare or wild horse organizations 
        to secure safe placement of wild free-roaming horses and 
        burros;
            ``(2) screen potential adopters;
            ``(3) educate adopters in humane care;
            ``(4) maintain adoption records, including records of 
        violations, in a centralized database system; and
            ``(5) pursue agreements with organizations that use horses 
        for rehabilitation, therapy, prison training, or veteran 
        programs.
    ``(g) The Secretary may not administer a program through which 
potential adopters may be offered a cash or monetary incentive for 
successful completion of the adoption process.
    ``(h) The Secretary may not destroy or authorize the destruction of 
wild free-roaming horses or burros unless the Secretary--
            ``(1) determines, based on the evaluation of a licensed 
        veterinarian, that the wild free-roaming horse or burro is 
        fatally injured or terminally ill; and
            ``(2) ensures that the wild free-roaming horse or burro is 
        euthanized in the most humane manner available.
    ``(i) The Secretary may not--
            ``(1) process, authorize to be processed, or ship, move, 
        deliver, receive, possess, purchase, sell, donate, or transport 
        for processing any animal that is or was at any point during 
        its life a wild free-roaming horse or burro, or the remains 
        thereof, into commercial products; or
            ``(2) carry out any activity described in paragraph (1) if 
        the Secretary has reason to believe the animal will be 
        processed into commercial products as a result.
    ``(j) The Secretary may temporarily remove wild free-roaming horses 
and burros from public lands if the immediate health or safety of those 
wild free-roaming horses or burros is threatened.
    ``(k) Except in cases of removal under subsection (j), if the 
Secretary removes wild free-roaming horses or burros, the Secretary 
shall provide a public notice on a public website of the Secretary's 
department at least 30 days before the planned removal.
    ``(l) The Secretary shall--
            ``(1) track the number of wild free-roaming horses and 
        burros injured or killed during gathering and holding, along 
        with a brief description of the injury or cause of death, in a 
        centralized database system; and
            ``(2) publish such information on a public website of the 
        Secretary's department.''.
    (d) Private Maintenance; Numerical Approximation; Strays on Private 
Lands; Removal; Destruction by Agents.--Section 4 of the Wild Free-
Roaming Horses and Burros Act (16 U.S.C. 1334) is amended--
            (1) by inserting ``or returned to public lands'' after 
        ``arrange to have the animals removed'';
            (2) by inserting ``pursuant to section 3(h)'' after ``by 
        the agents of the Secretary'';
            (3) by striking ``his private lands'' and inserting ``the 
        landowner's private lands'';
            (4) by striking ``if he does so'' and inserting ``if the 
        private landowner does so'';
            (5) by striking ``removed or enticed from the public 
        lands'' and inserting ``caused to leave public lands for the 
        purpose of converting the animals into private property 
        (including by removal or enticement)''; and
            (6) by striking ``and supply him'' and inserting ``and 
        supply the Secretary''.
    (e) Cooperative Agreements; Regulations.--Section 6 of the Wild 
Free-Roaming Horses and Burros Act (16 U.S.C. 1336) is amended--
            (1) by inserting ``, nonprofit organizations, private 
        entities,'' after ``landowners''; and
            (2) by striking ``he deems'' and inserting ``the Secretary 
        deems''.
    (f) Criminal Provisions.--Section 8 of the Wild Free-Roaming Horses 
and Burros Act (16 U.S.C. 1338) is amended--
            (1) by striking ``Any person who'' and inserting the 
        following:
    ``(a) Any person who'';
            (2) by amending paragraph (4) of subsection (a), as so 
        redesignated, to read as follows:
            ``(4)(A) processes, authorizes to be processed, or ships, 
        moves, delivers, receives, possesses, purchases, sells, 
        donates, or transports for processing any animal that is or was 
        at any point during its life a wild free-roaming horse or 
        burro, or the remains thereof, into commercial products, or
            ``(B) carries out any activity described in paragraph (1) 
        if the person has reason to believe the animal will be 
        processed into commercial products as a result, or''; and
            (3) in paragraph (6) of subsection (a), as so 
        redesignated--
                    (A) by inserting ``, and shall not be allowed to 
                adopt or purchase any animal that is or was at any 
                point during its life a wild free-roaming horse or 
                burro'' after ``or both''; and
                    (B) by striking ``he was appointed'' and inserting 
                ``such judge was appointed''.
    (g) Transportation of Captured Animals; Procedures and Prohibitions 
Applicable.--Section 9 of the Wild Free-Roaming Horses and Burros Act 
(16 U.S.C. 1338a) is amended--
            (1) by striking ``may use or contract for the use of 
        helicopters or, for the purpose of transporting captured 
        animals, motor vehicles. Such use'' and inserting ``shall 
        prioritize use of the most humane, passive techniques, such as 
        bait-and-trap techniques, for any capture of wild free-roaming 
        horses and burros. The use of non-passive techniques with 
        respect to the capture of wild free-roaming horses and 
        burros''; and
            (2) by striking ``fixed-wing aircraft, or helicopters, or 
        to'' and inserting ``or''.
    (h) Limitation of Authority.--Section 10 of the Wild Free-Roaming 
Horses and Burros Act (16 U.S.C. 1339) is repealed.
    (i) Joint Report to Congress; Consultation and Coordination of 
Implementation, Enforcement, and Departmental Activities; Studies.--
Section 11 of the Wild Free-Roaming Horses and Burros Act (16 U.S.C. 
1340) is amended by striking ``he might'' and inserting ``the Secretary 
might''.

SEC. 3. GAO REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General 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 report that describes--
            (1) humane alternatives to the use of helicopters and 
        fixed-wing aircraft in managing wild free-roaming horse and 
        burro populations;
            (2) job creation opportunities presented by the use of such 
        humane alternatives; and
            (3) the effects of aircraft, including unmanned aircraft 
        systems, on wild free-roaming horse and burro populations.
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