From the Congressional Minutes of February 12, 2009...some amendments that were voted into the ROAM Act, having much to do with "The "Pickins/Salazoo" Plan";
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.
(In other words, once placed into these "preserves" or whatever, they can be permanently removed from them if there arises any conflict of resources....so, once removed from their historic rangelands, they have lost all protections and will not be considered a resource for inclusion in "multiple-use" plans or lands.They will be shuffled around like cards in a deck stacked against them)
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.
(Ditto as italisized above)
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. (Discretionary? BLM dont know the meaning of the word....they just go right on ahead and do whatever they want,....anybody elses opinion bedamned.)
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.
(Tearing out the heart of the WFH&B Act of 1971 is a "minor" amendment? This is the most important part of the Act as it statutorily designates these lands as historic wild horse and burro rangelands that SHALL BE used PRIMARILY for wild horse and burro use THROUGH ETERNITY. The intent of the Act was clearly to keep Our National Herds FOREVER upon their historic lands. This is the HEART of the Act that bestows a vested right and title to our Nations wild horses and burros to STAY and remain forever upon their historic rangelands! Do we really need to take this away from them simply in order to take some of them off the land to put them someplace else? I dont think so. I think there is a much more simple and safer way, in fact, I think there is a BLM or FLMPA law in place that already allows them to do that, though I shall have to go back and check, I am sure I read it somewhere, or at least, something like it. In any event, it would have been more prudent do write an addendum under that section that would allow for removal from or expansion of WFH&B range, as needs be, ...and not a severe amendment that will tear the heart out of the purpose of the Act and strip them of their right to stay upon their historic lands FOREVER. This "minor" amendment to the WFH&B Act just goes "a bit" too far. Talk about "over-kill" BLM to WFH&Bs - "Oh," we have to take away your right to your historic lands in order to give you more land," - Da Equines, "Yeah, right, whad do u tink we are,..stoopit?...You said that to the Indians too and look where they are today....not exactly "thriving" are they, particularly the ones out west, upon the lands YOU manage."
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. (Guess this is the provision that gives them back the 20 million acres the BLM took from them, but who knows where that will be...all broken up in little private and public parcels scattered all over the country. And after they have placed all the ones in the holding facilities, and the BLM can stop worrying about what to do with so many "excess" wild horses and burros,they can start gathering them up again from their historic ranges...dont you know them cayuses breed like rabbits? Once gathered, the ROAM Act allows for them NOT to be returned to freedom but instead, with go to one of them wild-horse theme parks they are planning (at a cost of 90 M). And not too forget, thanks to ROAM, once upon their new lands,....if at anytime the BLM determines that there isnt enough forage for them, or that they get in the way of oil or gas exloration, they can now be permanently removed. (Read the minutes, all of them) The WFH&B Act required that, once gathered, at least some of the equines be returned to their historic ranges at some point in time, either after conditions have improved on the ranges or that the emergency situation is over. The WFH&B Act also INSURED that despite whatever other use of their lands (oil, gas, utilities, wind farms etc.) the equines still have a right to stay, NO MATTER WHAT else goes on around them.)ROAM will take that protection away, and if the BLM does like it always does,...they will say that the wild horses and burros are in the way of exploration or development and will gather them off their lands. If ROAM passes it wont be long before ALL herds are permanently removed from their traditional lands because the BLM will allege (as they always allege) that there is not enough forage to sustain them and/or they are in the way of developments.The ROAM Act is a masterpiece of political ledgerdermain - it gives no protections for the equines upon their historic lands!
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. (This is nothing new and these jerks wouldnt know what a thriving eco-anything would be; they have NEVER seen it with all them damn cows who have been pounding our praries to dust for over a hundred years; what would the BLM (formerly known as the U.S. Grazing Service) know about bio-diversity when they always were and always will be only about cows and their ranchers friends?) 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. (This is nothing new either, as was supposed to have been done in 1972 and updated over the years)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. (This is a new part and a good provision too, at last,...but still, does not make up for the bad.)
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. (That is, where ever they decide to put them, and just what are these "certain actions" the Sec can take "to achieve and maintain a thriving ecological balance on rangelands "where these animals are found?" - Move them once again to where-ever the hell they want. Sounds like the same old same old to me)
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. (If herds are managed properly, with regular culling of some of the young adoptables, and the humane euthansia of the motrally wounded, sick or hopelessly suffering, artificial brith control would not be necessary....and YES there are natural predators also,...the same big cats, wolves and packs of coyotes that are killing all the ranchers cows and sheep that the gov't reimburses them for and taxpayers are footin the bill,...IN ADDITION to the $500 MILLION a year the gov't charges the taxpayers for the cost of administering the welfare grazing program.
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. (Well here is a revocation of the Burns/Reid Act that allows for the unlimied sale or destruction of the "three strikes" equines and those over 10 yrs old. Of course, this is a very good thing but STILL not enough to outweigh the bad of the ROAM Act. Do we really need the ROAM Act to revoke the Burns/Reid Rider? Of course not! This is the BLMs way of saying, "Listen, we wont kill your horses if you just let us take them off of their traditional rangelands and put them anywhere we want and sterilize them (both on and off the ranges) What kind of a bargain for the equines is that? Or, for us, for that matter, the american public who enjoy seeing them run free and wild upon the very same lands their ancestors roamed: TRADITIONAL lands. What would Wild Horse Annie think of this "ROAM" Act that took their statutory right to those lands away?
---To be continued
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.
H.R.1018
Restore Our American Mustangs Act (Reported in House)
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February 12, 2009
Mr. RAHALL (for himself and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Natural Resources
June 23, 2009
Additional sponsors: Ms. BORDALLO, Mrs. MALONEY, Mr. WAXMAN, Mr. FARR, Mr. KUCINICH, and Mr. GEORGE MILLER of California
June 23, 2009
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 12, 2009]
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A BILL
To amend the Wild Free-Roaming Horses and Burros Act to improve the management and long-term health of wild free-roaming horses and burros, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Restore Our American Mustangs Act'.
SEC. 2. REFERENCE.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Act of December 15, 1971 (commonly known as the `Wild Free-Roaming Horses and Burros Act'; 16 U.S.C. 1331 et seq.).
SEC. 3. POLICY.
The first section is amended by striking `in the area where presently found, as'.
SEC. 4. DEFINITIONS.
Section 2 (16 U.S.C. 1332) is amended--
(1) in paragraph (b), by inserting `born or present' after `unclaimed horses and burros';
(2) in paragraph (c), by striking `which does not exceed their known territorial limits,';
(3) in paragraph (d)--
(A) by inserting `and any associated foals' after `his mares'; and
(B) by striking `and' after the semicolon;
(4) in paragraph (e), by striking the period and inserting a semicolon;
(5) in paragraph (f)--
(A) by striking `(1) which' and all that follows through `(2)';
(B) by inserting `, in accordance with section 3(d),' after `from an area'; and
(C) by striking the period at the end and inserting a semicolon; and
(6) by adding at the end the following:
`(g) `thriving natural ecological balance' means a condition that protects ecosystem health, the ecological processes that sustain ecosystem function and a diversity of life forms, including those species listed under the Endangered Species Act of 1973, and further ensures that wild horses and burros, livestock and wildlife species are given fair consideration in the allocation of resources on those lands where said species are authorized or managed consistent with the requirements of the Federal Land Policy and Management Act of 1976 (Public Law 94-579) and other applicable law; and
`(h) `fatally injured or terminally ill' means an animal exhibiting one or more of the following:
`(1) A hopeless prognosis for life.
`(2) A chronic or incurable disease, injury, lameness, or serious physical defect (including severe tooth loss or wear, club foot, and other severe congenital abnormalities).
`(3) A condition requiring continuous treatment for the relief of pain and suffering in a domestic setting.
`(4) An acute or chronic illness, injury, physical condition or lameness that would preclude an acceptable quality of life for the foreseeable future.'.
SEC. 5. INVENTORY AND DETERMINATIONS.
(a) Section 3(a) (16 U.S.C. 1333(a)) is amended as follows:
(1) By striking `is authorized and directed to' and inserting `shall--
`(1)'.
(2) By striking `, and he may' and inserting a semicolon.
(3) By inserting before `designate' the following:
`(2)'.
(4) In paragraph (2) (as so designated)--
(A) by striking `their' and inserting `the';
(B) by inserting `of wild free-roaming horses and burros' after `preservation';
(C) by striking `wherein' and inserting `where';
(D) by striking `deems' and inserting `, considers'; and
(E) by striking `desirable. The Secretary shall' and inserting `desirable;
`(3)'.
(5) In paragraph (3) (as so designated), by striking the period after `public lands' and inserting a semicolon.
(6) By striking `He shall' and inserting the following:
`(4)'.
(7) In paragraph (4) (as so designated), by striking `of this Act.' and inserting `of this Act;'.
(8) By striking `All' and inserting the following:
`(5) ensure that'.
(9) In paragraph (5) (as so designated)--
(A) by inserting `related to wild free-roaming horses and burros are' after `activities';
(B) by striking `shall be' both places it appears;
(C) by inserting `relevant State' after `in consultation with the';
(D) by striking `of the State wherein such lands are located';
(E) by striking `which inhabit such lands'; and
(F) by striking the period after `endangered wildlife species' and inserting a semicolon.
(10) By striking `Any' and inserting the following:
`(6) ensure that any'.
(11) In paragraph (6) (as so designated)--
(A) by striking `on any such lands shall take' and inserting `are made after taking'; and
(B) by striking `which inhabit such lands.' and inserting `; and'.
(12) At the end of such subsection, add the following:
`(7) ensure that 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).
http://www.thomas.gov/cgi-bin/cpquery/?&item=&&sid=cp111SczUN&&refer=&&r_n=hr177.111&&dbname=cp111&&sid=cp111SczUN&&sel=TOC_27759&
Tuesday, October 27, 2009
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