79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–212 

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 


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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 preprinting 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 


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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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