[House Report 111-212]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-212

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 PROVIDING FOR CONSIDERATION OF 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

                                _______
                                

   July 16, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 653]

    The Committee on Rules, having had under consideration 
House Resolution 653, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1018, the 
``Restore Our American Mustangs Act,'' under a structured rule 
providing one hour of general debate in the House equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Natural Resources. The resolution 
waives all points of order against consideration of the bill 
except for clauses 9 and 10 of rule XXI. The amendment in the 
nature of a substitute recommended by the Committee on Natural 
Resources now printed in the bill shall be considered as 
adopted. The resolution waives all points of order against 
provisions of the bill, as amended. This waiver does not affect 
the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure). The resolution provides that 
the bill, as amended, shall be considered as read.
    The resolution makes in order the amendment printed in part 
A of this report if offered by Representative Rahall or his 
designee which, shall be considered as read, and shall be 
separately debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent. The resolution 
also makes in order the amendment in the nature of a substitute 
printed in part B of this report, if offered by Representative 
Hastings of Washington or his designee, which shall be 
separately debatable for 30 minutes equally divided and 
controlled by the proponent and an opponent.
    The resolution waives all points of order against the 
amendments printed in this report except for clauses 9 and 10 
of rule XXI. The resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI) and all points of order against provisions of the bill, as 
amended, the Committee is not aware of any points of order. The 
waivers of all points of order are prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 213

    Date: July 16, 2009.
    Measure: H.R. 1018.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To grant a modified open rule with a 
pre-printing requirement.
    Results: Defeated 2-6.
    Vote by Members: McGovern--Nay; Hastings--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Diaz-Balart--Yea; Foxx--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 214

    Date: July 16, 2009.
    Measure: H.R. 1018.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hastings (WA), #3, which would 
restrict the ability to acquire land for wild free-roaming 
horses and burros in any state with unemployment at 10% or 
higher.
    Results: Defeated 2-6.
    Vote by Member: McGovern--Nay; Hastings--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Diaz-Balart--Yea; Foxx--Yea; 
Slaughter--Nay.

              SUMMARY OF AMENDMENT IN PART A MADE IN ORDER

    Rahall (WV): The amendment broadens the types of fertility 
controls authorized under the bill, narrows the definition of 
prohibited ``commercial'' uses for wild horses and burros and 
clarifies the membership of the Wild Horse and Burro Advisory 
Council; relaxes the requirement that the acreage available to 
wild horses and burros never be less than when the original Act 
passed in 1971; and the amendment makes restoration of the 
acreage a goal, rather than a requirement. (10 minutes)

 SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART B MADE IN 
                                 ORDER

    Hastings (WA): The amendment in the nature of a substitute 
is identical to the text of the wild horses and burros bill as 
passed by the House in the 110th Congress. It prohibits the 
commercial slaughter of horses and estimated by CBO to cost 
less than $500,000 a year to implement. (30 minutes)

                PART A--TEXT OF AMENDMENT MADE IN ORDER

  Page 6, line 20, insert ``, to the extent practicable,'' 
after ``ensure that''.

  Page 11, line 4, before ``surgical'' insert ``fertility 
control for mares, stallions, or both, such as''.

  Page 11, line 5, insert ``, humane, and effective'' after 
``safe''.

  Page 12, line 11, strike ``and'' and all that follows through 
line 12, and insert ``or their remains shall not be sold or 
transferred for consideration for processing into commercial 
products; and''.

  Page 17, line 6, strike ``at a minimum''.

  Page 19, line 22, strike ``immunocontraception'' and insert 
``fertility control''.
                              ----------                              


 PART B--TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SALE OF WILD FREE-ROAMING HORSES AND BURROS.

  (a) In General.--Section 3(d)(5) of Public Law 92-195 (16 
U.S.C. 1333(d)(5)) is amended--
          (1) by striking the period and inserting the 
        following: ``Provided, That no wild free-roaming horse 
        or burro or its remains may be sold or transferred for 
        consideration for processing into commercial 
        products.''; and
          (2) by striking subsection (e).
  (b) Criminal Provisions.--Section (8)(a)(4) of Public Law 92-
195 (16 U.S.C. 1338(a)(4)) is amended by striking ``except as 
provided in section 3(e),''.

                                  
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