[House Report 111-177]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-177

======================================================================



 
                   RESTORE OUR AMERICAN MUSTANGS ACT

                                _______
                                

 June 23, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1018]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1018) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 (P.L. 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 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 surgical or 
        immunocontraception sterilization or other safe 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 and their remains 
        shall not be used for commercial purposes; 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 
        at a minimum 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 immunocontraception 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''.

                          Purpose of the Bill

    The purpose of H.R. 1018 is to amend the Wild and Free-
Roaming Horses and Burros Act of 1971 to improve the management 
and long-term health of wild free-roaming horses and burros, 
and for other purposes.

                  Background and Need for Legislation

    Although horses evolved in North America, none existed on 
the continent when Europeans initially explored the Americas. 
It is believed that Spanish explorers first brought 
domesticated horses and burros to the Americas in the 1500's. 
Some of these animals are thought to have escaped and become 
the first wild herds found in this country. Native Americans 
soon integrated these horses and burros into their cultures, 
and these animals became an essential part of tribal life and 
an enduring facet of our image of the American Indian.
    Horses and burros were crucial to the pioneers as well. 
During America's westward expansion they played a fundamental 
role in the activities--such as ranching and mining--which led 
to the development of the American west. Many of these animals 
though, over time, either escaped or were released, so that by 
the 19th century as many as 2 million horses and burros roamed 
wild across the western range--and into America's collective 
vision of the western landscape.
    However, by the 1950's, the wild horse and burro population 
had plummeted, and it was estimated that less then 10,000 
animals remained on the rangelands. Reports of abuse, disease, 
and cruelty ignited public awareness, and the outcry over the 
mistreatment of these animals led to efforts to protect these 
wild horses and burros and allow them to roam freely on western 
lands.

           THE WILD FREE-ROAMING HORSE AND BURRO ACT OF 1971

    The actions of one woman in particular, Mrs. Velma Bronn 
Johnston (better known by the nickname she earned, ``Wild Horse 
Annie'') galvanized public opinion and prompted an educational 
crusade--which included a massive letter-writing campaign and a 
beloved children's book. The campaign culminated successfully 
with the enactment of the landmark Wild Free-Roaming Horse and 
Burro Act of 1971 (the 1971 Act) (16 U.S.C. Sec. 1331 et seq.). 
The Act stated clearly that:
          Congress finds and declares that wild free-roaming 
        horses and burros are living symbols of the historic 
        and pioneer spirit of the West; that they contribute to 
        the diversity of life forms within the Nation and 
        enrich the lives of the American people; and that these 
        horses and burros are fast disappearing from the 
        American scene. It is the policy of Congress that wild 
        free-roaming horses and burros shall be protected from 
        capture, branding, harassment, or death; and to 
        accomplish this they are to be considered in the area 
        where presently found, as an integral part of the 
        natural system of the public lands.
    However, while this legislation dramatically improved the 
plight of wild horses and burros, the law has proven to be far 
from perfect. As wild animals living on public land, management 
of these horses and burros fell to the federal government, 
acting principally through the Bureau of Land Management (BLM). 
But, underfunding and charges of mismanagement have plagued the 
BLM since passage of the 1971 Act, and have undermined the BLM 
Wild Horse and Burro Program and the intent of the law.
    While the 1971 Act originally identified 53 million acres 
of public land on which wild horse and burro herds could roam 
freely, the BLM has since systematically removed horses and 
burros from nearly 19 million of those acres. Further, since 
1971, more than 200,000 wild horses and burros have been 
rounded-up from public lands and either adopted or placed in 
long-term holding facilities. Critics assert that the round-ups 
are unnecessary and aggressive, and that the BLM has yet to 
provide adequate justification for their removal and the loss 
of the 19 million acres. However, of greater concern recently 
was the announcement in the summer of 2008 that, due to a 
combination of a lack of funding, facilities and options, the 
BLM would be required to kill as many as 30,000 healthy wild 
horses and burros.

            THE 2008 GOVERNMENT ACCOUNTABILITY OFFICE REPORT

    A 2008 Government Accountability Office (GAO) report 
identified a number of deficiencies with the BLM wild horse and 
burro program. The report found that the BLM uses poorly 
managed removals as the primary method for managing horses. As 
a result, BLM now has more horses in holding facilities than in 
the wild and expends more than two-thirds of the program's 
budget to care for horses collected with no long-term plan for 
their care or adoption.
    Further, many of the horses and burros currently housed in 
the BLM's holding centers should likely not have been removed 
from the range in the first place. The GAO found that the BLM 
uses an inaccurate method to determine wild horse populations 
and has yet to provide specific formal guidance to field 
offices to set Appropriate Management Levels (AMLs) 
consistently across the states where wild horses and burros are 
found.
    Finally, the report found that BLM had not formally 
considered other possible solutions to deal with the large 
number of wild horses in long-term holding facilities. Thus, 
expanded use of contraception, creation of sanctuaries, and 
more aggressive adoption programs are all potential 
alternatives that could address the BLM's challenges, but have 
not yet been utilized.

        H.R. 1018, THE RESTORE OUR AMERICAN MUSTANGS (ROAM) ACT

    H.R. 1018 would amend the 1971 Act to address the issues 
raised in the 2008 GAO report and includes the GAO's 
recommendations, as well as other improvements. It is designed 
to provide federal land managers a broad array of tools with 
which to maintain healthy, thriving wild horse and burro herds 
on public lands.
    Specifically, the ROAM Act would expand the areas available 
for wild horses and burros to roam in order to provide BLM 
needed flexibility in maintaining healthy herds on public 
lands. The bill would require more scientific methods for 
estimating the number of wild horses and burros and make that 
information public through annual reports. Following a specific 
GAO recommendation, BLM would be required to develop standard 
criteria for managing wild horses and burros and, after an 
opportunity for public input, employ those criteria uniformly 
across the states where wild horses and burros are found. The 
establishment of sanctuaries and use of enhanced contraception 
techniques would also be required. The bill would also define 
the term ``thriving natural ecological balance,'' which was 
included in the underlying law but never defined. In doing so, 
the bill requires that the public lands where wild horses and 
burros are found will be managed in a way that protects 
ecosystem health, the ecological processes that sustain 
ecosystem function and a diversity of life-forms, including 
those listed under the Endangered Species Act, and in a manner 
consistent with the multiple use mandate of the Federal Lands 
Policy Management Act (FLPMA).
    In instances where these management tools fail to produce 
an appropriate herd size, the legislation would authorize BLM 
to humanely capture and remove animals from the range so long 
as adoption demand exists. The bill tightens adoption 
requirements and would require BLM to strengthen its adoption 
program. The ROAM Act specifically prohibits the killing of 
healthy wild horses and burros. Lastly, the bill would expand 
the BLM's existing Wild Horse and Burro Advisory Board and 
require board members with more diverse qualifications.

                            Committee Action

    H.R. 1018 was introduced on February 12, 2009, by Natural 
Resources Committee Chairman Nick Rahall (D-WV) and National 
Parks, Forests, and Public Lands Subcommittee Chairman Raul 
Grijalva (D-AZ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests, and Public Lands.
    On March 3, 2009, the House Subcommittee on National Parks, 
Forests and Public Lands held a hearing on the bill, during 
which a representative of the Department of the Interior 
deferred taking a position because of the transition to a new 
Administration.
    On April 29, 2009, the subcommittee was discharged from 
further consideration of H.R. 1018 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Grijalva offered an amendment in the nature of a 
substitute to H.R. 1018. In addition to technical changes, the 
substitute clarified changes in response to input from the 
Administration and advocacy groups.
    Representative Bishop (R-UT) offered an amendment to the 
Grijalva substitute (Bishop #2) to allow a state to override 
any federal agency decision regarding proposals for new range 
and sanctuaries for wild free-roaming horses and burros. The 
amendment was not agreed to by a rollcall vote of 13 yeas and 
16 nays, as follows:



    Representative Chaffetz (R-UT) offered an amendment to the 
Grijalva substitute (Chaffetz #1) that would require that the 
wild horse Joint Advisory Board include representatives from 
the livestock industry and from state grazing boards. The 
amendment was not agreed to by a rollcall vote of 15 yeas and 
17 nays, as follows:



    Representative Chaffetz then offered an amendment to the 
Grijalva substitute (Chaffetz #2) that would require the 
Secretary of the Interior to take into account potential 
conflicts with oil and gas development, renewable energy 
resource development, and energy transmission when identifying 
and designating any new rangeland for wild horses and burros. 
The amendment was agreed to by voice vote.
    Representative Lummis (R-WY) offered an amendment to the 
Grijalva substitute (Lummis #1) that would limit the rangeland 
available to wild horses and burros. The amendment was not 
agreed to by a voice vote.
    Representative Lummis then offered an amendment to the 
Grijalva substitute (Lummis #2) requiring the Secretary to 
conduct a study of the effects of the designation of new wild 
horse and burro range, and of the establishment of sanctuaries, 
on natural resources. The amendment was modified to only 
require an assessment of new designations and the amendment was 
then agreed to by voice vote.
    Representative Lummis then offered an amendment to the 
Grijalva substitute (Lummis #4) requiring the Secretary to 
remove wild and free roaming horses and burros from the range 
if there is a threat to native plants and wildlife. The 
amendment was modified to make such removals discretionary and 
the amendment was agreed to by voice vote.
    Representative Lummis then offered an amendment to the 
Grijalva substitute (Lummis #5) that would strike language in 
the bill to expand the range available to wild horses and 
burros. The amendment was not agreed to by a rollcall vote of 
14 yeas and 20 nays, as follows:



    The Grijalva amendment in the nature of a substitute was 
then agreed to by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by a 
rollcall vote of 21 yeas and 14 nays, as follows:



                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Restore Our American Mustangs Act.''

Section 2. Reference

    Section 2 establishes that all instructions in the bill to 
repeal or amend existing law shall be considered to be made to 
a section or other provision of the ``Wild Free-Roaming Horses 
and Burros Act of 1971'' (16 U.S.C. 1331 et seq.; hereafter in 
this report referred to as the ``1971 Act''), except as 
otherwise expressly provided.

Section 3. Policy

    Section 3 makes a minor amendment to the policy statement 
of the 1971 Act by striking the phrase ``in the area where 
presently found,''. This is one of several amendments which 
will allow the BLM to find new range for wild horses and 
burros.

Section 4. Definitions

    Section 4 amends Section 2 of the 1971 Act, by updating 
several existing definitions and then adding and defining two 
new terms.
    Specifically, Section 4 includes the addition and 
definition of the term ``thriving natural ecological balance'' 
and the term ``fatally injured or terminally ill''. They are 
defined as follows:
    (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 (P.L. 94-579) and other applicable law. The Committee 
would note that this term already appears in the law but has 
not been defined previously. In providing a definition, it is 
the Committee's intent that management of wild horses and 
burros be more consistent and balanced and that resource 
management decisions, including the allocation of forage, be 
more equitable.
    (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.

Section 5. Inventory and determinations

    Section 5 amends and rewrites significant parts of Section 
3 of the 1971 Act. References below are made to section 3 of 
the 1971 Act as amended by section 5 of H.R. 1018, and are as 
follows:
    Section 3(a) of the 1971 Act is amended to update and 
clarify the Secretary's jurisdiction and responsibilities with 
regards to the management and protection of wild horses and 
burros. Specifically, a new provision is added, subsection 
(a)(7), which requires the Secretary to ensure that the acreage 
available for wild horses and burros shall never be less then 
the acreage available to these animals at the time of the 
passage of the 1971 Act.
    Section 3(b) of the 1971 Act is amended to require the 
Secretary to determine if a thriving natural ecological balance 
exists with regards to the population of wild horses and burros 
on public lands. In order make that determination, the 
Secretary is first required to maintain an inventory of wild 
and free-roaming horses and burros on public lands. Two new 
subsections are included, which also require the Secretary to 
update the inventory every two years make the inventory 
available to the public on the Bureau of Land Management's 
website.
    Section 3(c) is a new section which directs the Secretary 
to take certain actions in order to manage wild horses and 
burros and to achieve and maintain a thriving natural 
ecological balance on rangelands where these animals are found.
    Section 3(c) provides that fertility control shall be one 
of the tools that the Secretary shall use to manage wild horses 
and burros. It is the Committee's intent that the Bureau of 
Land Management shall research, develop, and implement enhanced 
fertility control for mares and/or stallions, including but not 
limited to surgical, chemical or immunocontraception or other 
safe, humane and effective methods of fertility control.
    Section 3(d) is a new section, but in drafting this 
section, substantial parts of section 3(b) of the 1971 Act were 
rewritten or deleted to accommodate a shift in policy. 
Specifically, the bill strikes language in section 3(b)(2)(A) 
of the 1971 Act allowing the Secretary to order ``old, sick, or 
lame animals'' to be destroyed. The bill also strikes section 
3(b)(2)(C), which authorizes the Secretary to destroy any wild 
horse or burro, for which an adoption demand does not exist.
    Section 3(d) provides that wild horses and burros may only 
be removed if the Secretary has exhausted all practicable 
options for maintaining a thriving natural ecological balance 
on the range, as laid out in section 3(c); and so long as the 
Secretary has determined that an adoption demand, by a 
qualified individual, exists; and so long as the Secretary can 
ensure their humane capture and removal. Once removed for 
private maintenance and care, the Secretary must ensure the 
humane treatment and care of these animals.
    Section 3(e) updates section 3(c) of the 1971 Act. It 
authorizes the Secretary to transfer title of a wild horse or 
burro, to a qualified individual, one year after adoption of 
that animal. However, it provides that the transfer of title 
can only occur if the Secretary has determined that the 
individual has provided humane conditions, treatment and care 
for these animals.
    Section 3(f) rewrites section 3(d) of the 1971 Act. This 
section provides that (1) wild and free-roaming horses and 
burros or their remains shall lose their status as wild free-
roaming horses or burros, and shall no longer fall within the 
purview of this Act under certain stipulations listed under 
this subsection. However, under subsection (2) no animal ever 
covered under this Act, or its remains, may be sold or 
transferred for consideration for processing into commercial 
products.
    Section 3(g) is a new section that requires the Secretary 
to implement a more effective and dynamic adoption program 
within one year of enactment of this subsection. Specifically, 
it requires the Secretary to: (1) implement more aggressive 
marketing strategies for the adoption program, including the 
use of the internet of other media to showcase adoptable 
horses; (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 a volunteer 
mentor and compliance check program 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 program; 
and (7) take all other actions that the Secretary determines to 
be necessary and useful towards expanding the wild horse and 
burro adoption program.
    Section 3(h) is a new section which provides that 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 (as defined in section 2(h)); 
and (2) ensures that the terminally ill or fatally injured wild 
free-roaming horse or burro will be destroyed in the most 
humane manner.
    Section 3(i) is a new section that provides for emergency 
removal. It provides that 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 
these animals from the range.
    Section 3(j) is a new section that provides that 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.
    Section 3(k) is a new section. It provides that, except in 
cases of removal under subsections (d), (i), or (j), if the 
Secretary removes wild free-roaming horses or burros from an 
area, the Secretary shall provide a public notice 30 days prior 
to the planned removal.
    Section 3(l) is a new section to address transparency. It 
provides that 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.

Section 6. Private maintenance

    Section 6 amends Section 4 of the 1971 Act. Specifically it 
directs that wild and free-roaming horses or burros that wander 
onto privately owned land, shall be returned to the public 
land.

Section 7. Cooperative agreements

    Section 7 amends the 1971 Act to authorize the Secretary to 
enter into cooperative agreements with other landowners, and 
with state and local governmental agencies. This section also 
amends the 1971 Act to authorize the Secretary to enter into 
cooperative agreements with ``other private entities'' as well.

Section 8. Joint Advisory Board

    Section 8 amends Section 7 of the 1971 Act. It increases 
the number of members that make up the Joint Advisory Board 
from 9 to 12 members.
    Further, this section reorganizes the make-up of the Joint 
Advisory Board. It provides that the Advisory Board include at 
a minimum 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. It also provides 
that the nomination of members 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. Finally it directs that no individual shall serve 
on the Board for more then two consecutive terms.

Section 9. Criminal provisions

    Section 9 amends Section 8 of the 1971 Act. Specifically, 
it amends Section 8(4) and provides that any person who 
processes, transports for processing, or permits to be 
processed into commercial products a live or deceased wild 
free-roaming horse or burro for consideration, will be subject 
to a fine of not more than $2,000 or imprisonment for not more 
than one year, or both.

Section 10. Limitation of authority

    Section 10 strikes all of section 10 of the 1971 Act. This 
section in the 1971 Act restricted the authority of the 
Secretary to relocate wild free-roaming horses or burros to 
areas of the public lands where they did not exist at the time 
of passage of the 1971 Act. This bill would lift that 
restriction.
    This section also redesignates section 11 of the 1971 Act 
as section 10.

Section 11. Reports

    Section 11 amends and updates the newly redesignated 
section 10 of the 1971 Act. Specifically, it updates the 
reporting requirements to require that not later than one year 
after the date of enactment of this section and annually 
thereafter, the Secretaries of the Interior and Agriculture 
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 on the administration of 
this Act, including a summary of enforcement and/or other 
actions taken thereunder, costs, and such recommendations for 
legislative or other actions as the Secretaries may deem 
appropriate.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3, of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Wild and Free-Roaming 
Horses and Burros Act of 1971 to improve the management and 
long-term health of wild free-roaming horses and burros.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1018--Restore Our American Mustangs Act

    Summary: H.R. 1018 would amend the Wild Free-Roaming Horses 
and Burros Act, which governs the protection of wild herds of 
horses and burros in the western United States. The bill would 
require that the acreage available to such animals never be 
less than the area they occupied in 1971. It also would 
prohibit keeping wild animals in holding facilities for longer 
than six months. Assuming appropriation of the necessary 
amounts, CBO estimates that implementing H.R. 1018 would cost 
about $200 million over the 2010-2014 period. Enacting the bill 
would not affect revenues or direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1018 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        6       13       15      136      140       310
Estimated Outlays.......................................        5        9       12       70      104       200
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1018 will be enacted during fiscal year 2009 and that the 
amounts estimated to be necessary will be appropriated for each 
of fiscal years 2010 through 2014. Estimated outlays are based 
on spending patterns for similar programs.
    CBO estimates that implementing H.R. 1018 would increase 
discretionary costs of the Bureau of Land Management (BLM), 
which has primary responsibility for managing herds of wild 
horses and burros, by about $200 million over the 2010-2014 
period. Additional funds would be needed after 2014 to continue 
acquiring and restoring range land for those animals.
    Based on information from federal agencies, CBO estimates 
that additional funding would be needed by BLM to comply with 
provisions in the bill that require the agency to manage herds 
on about 20 million more acres of public land and to restrict 
the practice of holding animals in corrals in the Midwest. 
Those provisions would both increase the area that wild herds 
occupy (from about 33 million acres to 53 million acres) and 
raise the number of animals kept in the wild (currently around 
36,000 animals). The estimated costs of complying with those 
provisions include:
     $1 million annually (through 2012) to amend 
federal land use plans to accommodate additional herds and 
manage them in conjunction with grazing, protection of 
endangered species, and other agency missions;
     Between $5 million and $13 million annually to 
manage the herds, including the costs of gathering, treating, 
and moving animals from existing herds to new federal lands as 
they breed;
     About $5 million annually (beginning in 2011) to 
restore damaged rangelands; and
     About $140 million a year (beginning in 2013) to 
purchase new land to increase the range of herds to the level 
they occupied in 1971 and to accommodate additional animals 
that are gathered and moved to avoid over-grazing. For this 
estimate, CBO assumes that BLM would be able to increase the 
acreage on which it manages herds by moving some animals to 
lands managed by other federal agencies. We expect that the 
agency would also have to purchase significant new acreage, 
assuming other suitable properties are available. The costs of 
acquiring additional acreage (primarily after 2013) could be as 
high as $500 million. We assume that BLM would acquire acreage 
for the herds rather than free up federal lands currently used 
for cattle grazing (as authorized by the bill) because very few 
holders of grazing permits would voluntarily cash in their 
allotments.
    The above costs are net of reductions in the existing 
program that would result from eliminating the use of Midwest 
facilities to hold horses and burros for more than six months. 
The cost of holding currently accounts for well over half of 
the BLM budget for this program and will, under current law, 
consume an increasing portion of the agency's budget as wild 
horses continue to reproduce.
    Intergovernmental and private-sector impact: H.R. 1018 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1018 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF DECEMBER 15, 1971


   (Commonly known as the ``Wild Free-Roaming Horses and Burros Act)

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
Congress finds and declares that wild free-roaming horses and 
burros are living symbols of the historic and pioneer spirit of 
the West; that they contribute to the diversity of life forms 
within the Nation and enrich the lives of the American people; 
and that these horses and burros are fast disappearing from the 
American scene. It is the policy of Congress that wild free-
roaming horses and burros shall be protected from capture, 
branding, harassment, or death; and to accomplish this they are 
to be considered [in the area where presently found, as] an 
integral part of the natural system of the public lands.
  Sec. 2. As used in this Act--
          (a) * * *
          (b) ``wild free-roaming horses and burros'' means all 
        unbranded and unclaimed horses and burros born or 
        present on public lands of the United States;
          (c) ``range'' means the amount of land necessary to 
        sustain an existing herd or herds of wild free-roaming 
        horses and burros, [which does not exceed their known 
        territorial limits,] and which is devoted principally 
        but not necessarily exclusively to their welfare in 
        keeping with the multiple-use management concept for 
        the public lands;
          (d) ``herd'' means one or more stallions and his 
        mares and any associated foals; [and]
          (e) ``public lands'' means any lands administered by 
        the Secretary of the Interior through the Bureau of 
        Land Management or by the Secretary of Agriculture 
        through the Forest Service [.];
          (f) ``excess animals'' means wild free-roaming horses 
        or burros [(1) which have been removed from an area by 
        the Secretary pursuant to applicable law or, (2)] which 
        must be removed from an area, in accordance with 
        section 3(d), in order to preserve and maintain a 
        thriving natural ecological balance and multiple-use 
        relationship in that area[.];
          (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 (P.L. 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. 3. (a) All wild free-roaming horses and burros are 
hereby declared to be under the jurisdiction of the Secretary 
for the purpose of management and protection in accordance with 
the provisions of this Act. The Secretary [is authorized and 
directed to] shall--
          (1) protect and manage wild free-roaming horses and 
        burros as components of the public lands[, and he may];
          (2) designate and maintain specific ranges on public 
        lands as sanctuaries for [their] the protection and 
        preservation of wild free-roaming horses and burros, 
        where the Secretary after consultation with the 
        wildlife agency of the State [wherein] where any such 
        range is proposed and with the Advisory Board 
        established in section 7 of this Act [deems], considers 
        such action [desirable. The Secretary shall] desirable;
          (3) manage wild free-roaming horses and burros in a 
        manner that is designed to achieve and maintain a 
        thriving natural ecological balance on the public 
        lands[. He shall];
          (4) consider the recommendations of qualified 
        scientists in the field of biology and ecology, some of 
        whom shall be independent of both Federal and State 
        agencies and may include members of the Advisory Board 
        established in section 7 [of this Act. All];
          (5) ensure that management activities [shall be] 
        related to wild free-roaming horses and burros are at 
        the minimal feasible level and [shall be] carried out 
        in consultation with the relevant State wildlife agency 
        [of the State wherein such lands are located] in order 
        to protect the natural ecological balance of all 
        wildlife species [which inhabit such lands], 
        particularly endangered wildlife species[. Any];
          (6) ensure that any adjustments in forage allocations 
        [on any such lands shall take] are made after taking 
        into consideration the needs of other wildlife species 
        [which inhabit such lands.]; and
          (7) ensure that 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)(1) The Secretary shall]
  (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) maintain [a current] an inventory of wild free-
        roaming horses and burros on given areas of the public 
        lands[.];
          (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.
[The purpose of such inventory shall be to: make determinations 
as to whether and where an overpopulation exists and whether 
action should be taken to remove excess animals; determine 
appropriate management levels of wild free-roaming horses and 
burros on these areas of the public lands; and 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). In making such determinations the Secretary]
  (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.
[shall consult with]
          (6) Develop and finalize the standards in 
        consultation with--
                  (A) the United States Fish and Wildlife 
                Service[,];
                  (B) wildlife agencies of the State or States 
                [wherein] where wild free-roaming horses and 
                burros are located[, such individuals];
                  (C) individuals independent of Federal and 
                State government as have been recommended by 
                the National Academy of Sciences[,]; and [such 
                other individuals]
                  (D) individuals whom [he] the Secretary 
                determines to have scientific expertise and 
                special knowledge of wild horse and burro 
                protection, wildlife management and animal 
                husbandry as related to rangeland management.
          (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 
        surgical or immunocontraception sterilization or other 
        safe methods of fertility control.
  [(2) Where] (d) If the Secretary [determines on the basis of 
(i) the current inventory of lands within his jurisdiction; 
(ii) information contained in any land use planning completed 
pursuant to section 202 of the Federal Land Policy and 
Management Act of 1976; (iii) information contained in court 
ordered environmental impact statements as defined in section 2 
of the Public Range Lands Improvement Act of 1978; and (iv) 
such additional information as becomes available to him from 
time to time, including that information developed in the 
research study mandated by this section, or in the absence of 
the information contained in (i-iv) above on the basis of all 
information currently available to him, that an overpopulation 
exists on a given area of the public lands and that action is 
necessary to remove excess animals, he shall immediately remove 
excess animals from the range so as to achieve appropriate 
management levels. Such action shall be taken, in the following 
order and priority, until all excess animals have been removed 
so as to restore a thriving natural ecological balance to the 
range, and protect the range from the deterioration associated 
with overpopulation:
          [(A) The Secretary shall order old, sick, or lame 
        animals to be destroyed in the most humane manner 
        possible;
          [(B) The Secretary shall cause such number of 
        additional excess wild free-roaming horses and burros 
        to be] 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 humanely captured and 
        removed for private maintenance and care [for which he 
        determines] so long as the Secretary has determined an 
        adoption demand exists by qualified individuals, [and 
        for which he determines he can assure] and the 
        Secretary can ensure humane treatment and care 
        [(including proper transportation. feeding, and 
        handling): Provided, That, not] by requiring that--
          (1) no more than four [animals] wild free-roaming 
        horses and burros may be adopted per year by any 
        individual unless the Secretary determines in writing 
        that [such] the individual is capable of humanely 
        caring for more than four [animals] wild free-roaming 
        horses and burros, including the transportation of such 
        animals by the adopting party; [and]
          (2) each individual adopter shall execute an 
        appropriate attestation, pursuant to section 1001 of 
        title 18, United States Code, affirming that adopted 
        animals and their remains shall not be used for 
        commercial purposes; 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.
          [(C) The Secretary shall cause additional excess wild 
        free-roaming horses and burros for which an adoption 
        demand by qualified individuals does not exist to be 
        destroyed in the most humane and cost efficient manner 
        possible.
  [(3) For the purpose of furthering knowledge of wild horse 
and burro population dynamics and their interrelationship with 
wildlife, forage and water resources, and assisting him in 
making his determination as to what constitutes excess animals, 
the Secretary shall contract for a research study of such 
animals with such individuals independent of Federal and State 
government as may be recommended bv the National Academy of 
Sciences for having scientific expertise and special knowledge 
of wild horse and burro protection, wildlife management and 
animal husbandry as related to rangeland management. The terms 
and outline of such research study shall be determined by a 
research design panel to be appointed by the President of the 
National Academy of Sciences. Such study shall be completed and 
submitted by the Secretary to the Senate and House of 
Representatives on or before January 1, 1983.]
  [(c) Where excess animals have] (e) When a wild free-roaming 
horse or burro has been transferred to a qualified individual 
for adoption and private maintenance pursuant to this Act and 
the Secretary determines that such individual has provided 
humane conditions, treatment and care for such animal or 
animals for [a period of] one year, the Secretary [is 
authorized] shall, upon application by the transferee, [to] 
grant [title to not more than four animals to] the transferee 
[at the end of the one-year period] title to that animal.
  [(d) Wild] (f)(1) Except as provided for in paragraph (2), 
wild free-roaming horses and burros or their remains shall lose 
their status as wild free-roaming horses or burros and shall no 
longer be considered as falling within the purview of this 
Act--
          [(1)] (A) upon passage of title pursuant to 
        subsection [(c) except for the limitation of subsection 
        (c)(1)] (e) of this section; or
          [(2)] (B) if they have been transferred for private 
        maintenance or adoption pursuant to this Act and die of 
        natural causes beforepassage of title; or
          [(3)] (C) upon destruction by the Secretary or his 
        designee pursuant to subsection [(b)] (h) of this 
        section; or
          [(4)] (D) if they die of natural causes on the public 
        lands or on private lands where maintained thereon 
        pursuant to section 4 and disposal is authorized by the 
        Secretary or his designee[; or].
          [(5) upon destruction or death for purposes of or 
        incident to the program authorized in section 3 of this 
        Act; Provided, That no wild free-roaming horse or 
        burro]
  (2) No animal ever covered under this Act or its remains may 
be sold or transferred for consideration for processing into 
commercial products.
  (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.
  [(e) Sale of Excess Animals.--
          [(1) In general.--Any excess animal or the remains of 
        an excess animal shall be sold if--
                  [(A) the excess animal is more than 10 years 
                of age; or
                  [(B) the excess animal has been offered 
                unsuccessfully for adoption at least 3 times.
          [(2) Method of sale.--An excess animal that meets 
        either of the criteria in paragraph (1) shall be made 
        available for sale without limitation, including 
        through auction to the highest bidder, at local sale 
        yards or other convenient livestock selling facilities, 
        until such time as--
                  [(A) all excess animals offered for sale are 
                sold; or
                  [(B) the appropriate management level, as 
                determined by the Secretary, is attained in all 
                areas occupied by wild free-roaming horses and 
                burros.
          [(3) Disposition of funds.--Funds generated from the 
        sale of excess animals under this subsection shall be--
                  [(A) credited as an offsetting collection to 
                the Management of Lands and Resources 
                appropriation for the Bureau of Land 
                Management; and
                  [(B) used for the costs relating to the 
                adoption of wild free-roaming horses and 
                burros, including the costs of marketing such 
                adoption.
          [(4) Effect of sale.--Any excess animal sold under 
        this provision shall no longer be considered to be a 
        wild free-roaming horse or burro for purposes of this 
        Act.]
  Sec. 4. If wild free-roaming horses or burros stray from 
public lands onto privately owned land, the owners of such land 
may inform the nearest Federal marshall or agent of the 
Secretary, who shall arrange to have the [animals removed] 
animals returned to public land. In no event shall such wild 
free-roaming horses and burros be destroyed except by the 
agents of the Secretary pursuant to section 3(h). Nothing in 
this section shall be construed to prohibit a private landowner 
from maintaining wild free-roaming horses or burros on his 
private lands, or lands leased from the Government, if he does 
so in a manner that protects them from harassment, and if the 
animals were not willfully removed or enticed from the public 
lands. Any individuals who maintain such wild free-roaming 
horses or burros on their private lands or lands leased from 
the Government shall notify the appropriate agent of the 
Secretary and supply him with a reasonable approximation of the 
number of animals so maintained.

           *       *       *       *       *       *       *

  Sec. 6. The Secretary is authorized to enter into cooperative 
agreements with other landowners and other private entities and 
with the State and local governmental agencies and may issue 
such regulations as he deems necessary for the furtherance of 
the purposes of this Act.
  Sec. 7. The Secretary of the Interior and the Secretary of 
Agriculture are authorized and directed to appoint a joint 
advisory board of not more than [nine] 12 members to advise 
them on any matter relating to wild free-roaming horses and 
burros and their management and protection. They shall select 
as advisers persons who are not employees of the Federal or 
State [Governments and whom they deem to have special knowledge 
about protection of horses and burros, management of wildlife, 
animal husbandry, or natural resources management.] Governments 
and shall include at a minimum 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. 
Members of the board shall not receive reimbursement except for 
travel and other expenditures necessary in connection with 
their services. 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. 8. (a) Any person who--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) [except as provided in section 3(e),] processes, 
        transports for processing, or permits to be processed 
        into commercial products [the remains of a] a live or 
        deceased wild free-roaming horse or burro for 
        consideration, or

           *       *       *       *       *       *       *

  [Sec. 10. Nothing in this Act shall be construed to authorize 
the Secretary to relocate wild free-roaming horses or burros to 
areas of the public lands where they do not presently exist.]
  Sec. [11. After the expiration of thirty calendar months 
following the date of enactment of this Act, and every twenty-
four calendar months thereafter] 10. (a)(1) Not later than one 
year after the date of enactment of this subsection and 
annually thereafter, the Secretaries of the Interior and 
Agriculture [will submit to Congress a joint report] 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 on the administration of 
this Act, including a summary of enforcement and/or other 
actions taken thereunder, costs, and such recommendations for 
legislative or other actions as [he] the Secretaries might deem 
appropriate.
  (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 immunocontraception 
        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.
  (b) The Secretary of the Interior and the Secretary of 
Agriculture shall consult with respect to the implementation 
and enforcement of this Act and to the maximum feasible extent 
coordinate the activities of their respective departments and 
in the implementation and enforcement of this Act. The 
Secretaries are authorized and directed to undertake those 
studies of the habits of wild free-roaming horses and burros 
that they may deem necessary in order to carry out the 
provisions of this Act.

                            DISSENTING VIEWS

    The Wild Horse and Burro Program of the Bureau of Land 
Management and the U.S. Forest Service is not working well, and 
although this bill would dramatically change the program, the 
proposed changes will not be for the better.
    This legislation would expand wild horse and burro 
populations to all public land and greatly complicate 
management of wild horse and burro herds by limiting the 
methods by which the federal agencies can manage the herds and 
mitigate the damage done to native plants, wildlife and 
rangeland. We are concerned that expanding the range of free-
roaming horses and burros to all public lands will have 
devastating impacts on rangeland health, damage riparian areas, 
and threaten long-term sustainability of native fish and 
wildlife resources and their habitat.
    The Wild, Free-Roaming Horses and Burros Act of 1971 gave 
the Secretaries of the Interior and Agriculture authority to 
manage wild horses and burros on BLM and National Forest 
rangelands to protect the herds and ensure healthy rangelands. 
But with no natural predators, the wild horse and burro 
populations have grown significantly each year. Wild horses and 
burros can increase their population at a rate of 15-20% per 
year, resulting in a population doubling in size every three to 
four years.
    BLM currently manages over 34,000 horses and burros in 181 
herd management areas in 10 western states. This population 
level far exceeds the scientifically determined Appropriate 
Management Level (AML) or the optimum number of animals on the 
range of about 27,200 animals. Under current law, where an 
overpopulation exists, the Secretary is to protect the health 
of both the herd and the range by removing excess animals to 
restore a ``thriving natural ecological balance'' to the range 
and protect the range from the deterioration associated with 
overpopulation. As a result, BLM must remove thousands of 
animals from Western public rangelands each year to ensure that 
herd sizes are consistent with the land's capacity to support 
them. The 1971 Act requires the BLM to manage wild horse and 
burro populations only in the areas where they were found when 
the law was passed in 1971. These current herd management areas 
cover a vast area, over 32.6 million acres in ten states, an 
area bigger than the state of New York. H.R. 1018 would allow 
these animals to expand beyond their current herd management 
areas to all public lands.
    Since 2001, over 79,000 animals have been removed from the 
range. Adoptions and sales of the animals, however, have 
declined over that same time period. Only 47,000 animals have 
been placed in private care since 2001. Additionally, extensive 
attempts to employ birth control technologies have proven 
expensive, very difficult to administer and ineffective. BLM 
now holds close to 33,000 un-adopted animals, up from 9,807 in 
2001. Last year's holding costs accounted for nearly 75% of the 
program's enacted appropriation.
    Clearly, changes in the program are needed. Unfortunately, 
instead of correcting the problems in the current program, this 
bill compounds its failures by requiring that wild horses and 
burros be considered an ``integral part of the natural system'' 
on all public lands, not just the areas where they were found 
when the Act was enacted in 1971. Because rangelands are 
finite, reductions in forage for wildlife--including endangered 
species--and reduced allocations for cattle are expected in 
areas where wild horse and burro herds are expanded. Wild 
horses are particularly aggressive in defending scarce water 
sources against use by native wildlife in the critically water-
short rangeland of the West.
    Unfortunately, the Committee rejected efforts during mark-
up to strengthen the bill by adding scientific range management 
and ``look before you leap'' provisions. Amendments for 
studying the impacts on rangeland before creating new wild 
horse and burro sanctuaries and balancing the advisory panels 
by adding members with actual range management experience in 
the affected states were rejected. An amendment to include two 
representatives of existing grazing boards on the advisory 
panels was turned down based on the erroneous claim that they 
are state employees. Questions about where the new sanctuaries 
would be located and whether or not the bill's ban on 
``commercial'' use of adopted horses bars their use on farms 
and ranches were left unanswered.
    Much as we appreciate the role wild horses play in the 
romance and mythology of the American West, we believe the laws 
governing the management of our public lands need to be based 
on firmer ground. Our goal should be to devise a real-world 
management program in which healthy herds of these non-native, 
feral animals thrive in their allotted habitat in a balanced, 
self sustaining relationship with the land, vegetation, human 
activities and wildlife. Unfortunately, the well-meaning but 
misguided policies contained in H.R. 1018, do not take us in 
that direction.

                                   Doc Hastings.
                                   Doug Lamborn.
                                   Paul C. Broun.
                                   John Fleming.
                                   Rob Bishop.
                                   Adrian Smith.
                                   Cynthia M. Lummis.
                                   Jason Chaffetz.

                                  
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