H. R. 4818—262
(A) The map referred to in subsection (b) shall be
on file and available for public inspection in the appropriate
offices of the National Park Service.
(B) As soon as practical after enactment of this section,
the Secretary shall submit a description of the boundary
of the wilderness areas to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the United States House of Representatives.
(C) The map and description shall have the same force
and effect as if included in this section, except that the
Secretary may correct clerical and typographical errors in
the description and maps.
(3) BOUNDARY OF THE WILDERNESS.—Any portion of wilder-
ness designated in paragraph (c)(1) that is bordered by Lake
Superior shall use as its boundary the high-water mark.
(4) NAMING.—The wilderness area designated by this sec-
tion shall be known as the Gaylord A. Nelson National Wilder-
ness.
(d) ADMINISTRATION.—
(1) MANAGEMENT.—Subject to valid existing rights, the
lands designated as wilderness by this section shall be adminis-
tered by the Secretary in accordance with the applicable provi-
sions of the Wilderness Act (16 U.S.C. 1131), except that—
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of enact-
ment of this section; and
(B) where appropriate, any reference to the Secretary
of Agriculture shall be considered to be a reference to
the Secretary of the Interior with respect to lands adminis-
tered by the Secretary.
(2) SAVINGS PROVISIONS.—Nothing in this section shall—
(A) modify, alter, or in any way affect any treaty rights;
(B) alter the management of the waters of Lake Supe-
rior within the boundary of the Apostle Islands National
Lakeshore in existence on the date of enactment of this
section; or
(C) be construed to modify, limit, or in any way affect
the use of motors on the lake waters, including snowmobiles
and the beaching of motorboats adjacent to wilderness
areas below the high-water mark, and the maintenance
and expansion of any docks existing at the time of the
enactment of this section.
SEC. 141. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National Pre-
serve, the Secretary shall also issue a special use permit for that
portion of the grazing allotment located within the Preserve. The
special use permit shall be issued with the same terms and condi-
tions as the most recently-issued permit for that allotment and
the Secretary shall consider the permit to be one transferred in
accordance with section 325 of Public Law 108–108.
SEC. 142. SALE OF WILD FREE-ROAMING HORSES AND BURROS.
(a) IN GENERAL.—Section 3 of Public Law 92–195 (16 U.S.C. 1333)
is amended—
(1) in subsection (d)(5), by striking ‘‘this section’’ and all
that follows through the period at the end and inserting ‘‘this
section.’’; and
(2) by adding at the end the following:
H. R. 4818—263
‘‘(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 Manage-
ment 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.’’.
(b) CRIMINAL PROVISIONS.—Section 8(a)(4) of Public Law 92–
195 (16 U.S.C. 1338(a)(4)) is amended by inserting ‘‘except as pro-
vided in section 3(e),’’ before ‘‘processes’’.
SEC. 143. (a) SHORT TITLE.—This section may be cited as the
‘‘Migratory Bird Treaty Reform Act of 2004’’.
(b) EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF
CERTAIN PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.—Sec-
tion 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended—
(1) in the first sentence by striking ‘‘That unless and except
as permitted’’ and inserting the following: ‘‘(a) IN GENERAL.—
Unless and except as permitted’’; and
(2) by adding at the end the following:
‘‘(b) LIMITATION ON APPLICATION TO INTRODUCED SPECIES.—
‘‘(1) IN GENERAL.—This Act applies only to migratory bird
species that are native to the United States or its territories.
‘‘(2) NATIVE TO THE UNITED STATES DEFINED.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this
subsection the term ‘native to the United States or its
territories’ means occurring in the United States or its
territories as the result of natural biological or ecological
processes.
‘‘(B) TREATMENT
OF
INTRODUCED
SPECIES.—For pur-
poses of paragraph (1), a migratory bird species that occurs
in the United States or its territories solely as a result
of intentional or unintentional human-assisted introduction
shall not be considered native to the United States or
its territories unless—
‘‘(i) it was native to the United States or its terri-
tories and extant in 1918;