‘‘(g) ‘minimal feasible level’ means a level that is least 
invasive and disruptive to the natural behaviors of wild 
free-roaming horses and burros and their ability to live 
on public lands; 
‘‘(h) ‘surgically sterilize’ means to make an animal 
permanently incapable of producing offspring as a result 
of a procedure involving an incision and either— 
‘‘(1) the removal of reproductive organ(s); or 
‘‘(2) the alteration of reproductive organ(s) or 
surrounding tissue; 
‘‘(i) ‘fatally injured or terminally ill’ means exhibiting 
an acute or chronic illness, injury, physical condition, or 
lameness that, as determined by a licensed veterinarian— 
‘‘(1) precludes an acceptable quality of life due 
to pain or suffering; or 
‘‘(2) has a minimal chance of recovery; 
‘‘(j) ‘appropriate management level’ means the level 
at which the number of wild free-roaming horses and bur-
ros in a population are able to— 
‘‘(1) sustain themselves in a healthy condition; 
‘‘(2) produce healthy foals; 
‘‘(3) maintain healthy genetic diversity; and 
‘‘(4) sustain a thriving natural ecological bal-
ance; 
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‘‘(k) ‘animal welfare or wild horse organization’ 
means an organization— 
‘‘(1) described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); 
‘‘(2) exempt from taxation under section 501(a) 
of such Code; and 
‘‘(3) the mission and practice of which includes 
the humane treatment of wild horses and burros; 
and 
‘‘(l) ‘herd management area’ means a designated area 
of public lands established for the maintenance and pres-
ervation of wild free-roaming horse and burro popu-
lations.’’. 
(c) POWERS AND DUTIES OF SECRETARY.—Section 
3 of the Wild Free-Roaming Horses and Burros Act (16 
U.S.C. 1333) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘All wild free-roaming 
horses and burros are hereby’’ and inserting the 
following: 
‘‘(1) All wild free-roaming horses and burros 
are hereby’’; 
(B) by striking ‘‘he may designate and 
maintain specific ranges on public lands as 
sanctuaries for their protection and preserva-
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tion, where the Secretary after consultation’’ 
and inserting ‘‘the Secretary may designate and 
maintain specific ranges on public lands as 
sanctuaries for the protection and preservation 
of wild free-roaming horses and burros, after 
consultation’’; 
(C) by striking ‘‘He shall consider’’ and in-
serting ‘‘The Secretary shall consider’’; 
(D) by inserting ‘‘wild free-roaming horses 
and burros as well as’’ before ‘‘the natural eco-
logical balance’’; 
(E) by inserting ‘‘wild free-roaming horses 
and burros and’’ before ‘‘other wildlife species’’; 
and 
(F) by adding at the end the following: 
‘‘(2) The Secretary shall provide for the welfare 
of wild free-roaming horses and burros during han-
dling, management activities, removals, euthanasia, 
short-term holding, long-term holding, and all other 
activities conducted under this Act by— 
‘‘(A) establishing regulations, consistent 
with this Act, that— 
‘‘(i) require, and describe conditions 
for, humane treatment of the animals dur-
ing such activities; and 
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‘‘(ii) ensure measures are in place for 
violations of the requirements or conditions 
under clause (i) to be corrected as expedi-
tiously as practicable; and 
‘‘(B) taking action as expeditiously as 
practicable to correct, prevent the recurrence of, 
and record violations of such regulations.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘should be taken to re-
move 
excess 
animals’’ 
and 
inserting 
‘‘should be taken to manage excess ani-
mals’’; 
(ii) by striking ‘‘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 popu-
lation levels)’’ and inserting ‘‘determine 
how the Secretary can achieve appropriate 
management levels using the most humane 
approaches available’’; and 
(iii) by striking ‘‘whom he deter-
mines’’ and inserting ‘‘whom the Secretary 
determines’’; 
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(B) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2)(A) 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 shall implement the most humane, 
minimally invasive, scientifically proven fertility con-
trol 
methods, 
such 
as 
reversible 
immunocontraception vaccines, to achieve on-range 
management goals. 
‘‘(B) In carrying out this paragraph, the Sec-
retary may contract with or enter into partnerships 
with nonprofit organizations (with preference given 
to veterans organizations and animal welfare or wild 
horse organizations trained or otherwise certified in 
the humane management or population control of 
wild horses and burros). 
‘‘(C) Nothing in this Act authorizes the Sec-
retary to surgically sterilize any wild free-roaming 
horse or burro for the purposes of on-range popu-
lation management.’’; 
(D) by amending paragraph (3), as so re-
designated, to read as follows: 
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‘‘(3)(A) The Secretary shall exhaust all prac-
ticable options for maintaining a thriving natural ec-
ological balance on public lands before removing wild 
free-roaming horses and burros, including reallo-
cating forage within the herd management area or 
range, the use of reversible immunocontraceptives, 
or relocating excess animals to herd management 
areas or ranges. 
‘‘(B) A determination to remove excess animals 
from public lands must be made on the basis of— 
‘‘(i) the current inventory of lands under 
the jurisdiction of the Secretary; 
‘‘(ii) information contained in any land use 
planning completed pursuant to section 202 of 
the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712); 
‘‘(iii) information contained in court-or-
dered environmental impact statements, as de-
fined in section 3 of the Public Rangelands Im-
provement Act of 1978 (43 U.S.C. 1902); 
‘‘(iv) the best available science; and 
‘‘(v) such additional information as be-
comes available to the Secretary from time to 
time, including that information developed in 
the research study mandated by this section. 
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‘‘(C) In the absence of the information con-
tained in clauses (i) through (v) of subparagraph 
(B), a determination to remove excess animals from 
public lands must be made on the basis of all infor-
mation currently available to the Secretary that such 
removal is necessary. 
‘‘(D) After publishing in the Federal Register a 
determination to remove excess animals from public 
land, the Secretary may cause excess animals to be 
humanely captured and removed for private mainte-
nance and care for which the Secretary determines 
an adoption demand exists by qualified individuals 
prior to removal, except in the case of a removal 
pursuant to subsection (j). 
‘‘(E) The Secretary must ensure humane treat-
ment and care of the animals (including proper 
transportation, feeding, and handling), including by 
requiring that— 
‘‘(i) not more than four animals may be 
adopted per year by any individual; and 
‘‘(ii) each individual adopter execute an ap-
propriate attestation, pursuant to section 1001 
of title 18, United States Code, affirming that 
the adopter will not cause or allow an adopted 
animal or its remains to be processed into a 
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commercial product, including by any action de-
scribed in section 8(a)(4).’’; and 
(E) in paragraph (4), as so redesignated, 
by striking ‘‘assisting him in making his’’ and 
inserting ‘‘assisting the Secretary in making a’’; 
(3) in subsection (c)— 
(A) by striking ‘‘Where excess animals 
have’’ and inserting ‘‘When a wild free-roaming 
horse or burro has’’; and 
(B) by striking ‘‘one-year period’’ and in-
serting ‘‘one-year period only after the Sec-
retary or a trained representative completes a 
compliance inspection and it is determined that 
there are no violations of applicable laws, regu-
lations, or contract terms’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘except 
for the limitation of subsection (c)(1)’’; 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) upon destruction by the Secretary or a 
designee of the Secretary pursuant to subsection (h) 
of this section.’’; and 
(C) by striking paragraphs (4) and (5); 
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(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) Funds generated from the adoption of excess 
animals under this subsection shall be— 
‘‘(1) credited as an offsetting collection to the 
Management of Lands and Resources appropriation 
for the Bureau of Land Management; and 
‘‘(2) used for the costs relating to the adoption 
of wild free-roaming horses and burros, including 
the costs of marketing such adoption.’’; and 
(6) by adding at the end the following: 
‘‘(f) For the purposes of carrying out a successful 
wild free-roaming horse and burro adoption program, the 
Secretary shall— 
‘‘(1) work with animal welfare or wild horse or-
ganizations to secure safe placement of wild free- 
roaming horses and burros; 
‘‘(2) screen potential adopters; 
‘‘(3) educate adopters in humane care; 
‘‘(4) maintain adoption records, including 
records of violations, in a centralized database sys-
tem; and 
‘‘(5) pursue agreements with organizations that 
use horses for rehabilitation, therapy, prison train-
ing, or veteran programs. 
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‘‘(g) The Secretary may not administer a program 
through which potential adopters may be offered a cash 
or monetary incentive for successful completion of the 
adoption process. 
‘‘(h) The Secretary may not destroy or authorize the 
destruction of wild free-roaming horses or burros unless 
the Secretary— 
‘‘(1) determines, based on the evaluation of a li-
censed veterinarian, that the wild free-roaming horse 
or burro is fatally injured or terminally ill; and 
‘‘(2) ensures that the wild free-roaming horse 
or burro is euthanized in the most humane manner 
available. 
‘‘(i) The Secretary may not— 
‘‘(1) process, authorize to be processed, or ship, 
move, deliver, receive, possess, purchase, sell, donate, 
or transport for processing any animal that is or 
was at any point during its life a wild free-roaming 
horse or burro, or the remains thereof, into commer-
cial products; or 
‘‘(2) carry out any activity described in para-
graph (1) if the Secretary has reason to believe the 
animal will be processed into commercial products as 
a result. 
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‘‘(j) The Secretary may temporarily remove wild free- 
roaming horses and burros from public lands if the imme-
diate health or safety of those wild free-roaming horses 
or burros is threatened. 
‘‘(k) Except in cases of removal under subsection (j), 
if the Secretary removes wild free-roaming horses or bur-
ros, the Secretary shall provide a public notice on a public 
website of the Secretary’s department at least 30 days be-
fore the planned removal. 
‘‘(l) The Secretary shall— 
‘‘(1) track the number of wild free-roaming 
horses and burros injured or killed during gathering 
and holding, along with a brief description of the in-
jury or cause of death, in a centralized database sys-
tem; and 
‘‘(2) publish such information on a public 
website of the Secretary’s department.’’. 
(d) PRIVATE MAINTENANCE; NUMERICAL APPROXI-
MATION; STRAYS ON PRIVATE LANDS; REMOVAL; DE-
STRUCTION BY AGENTS.—Section 4 of the Wild Free- 
Roaming Horses and Burros Act (16 U.S.C. 1334) is 
amended— 
(1) by inserting ‘‘or returned to public lands’’ 
after ‘‘arrange to have the animals removed’’; 
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(2) by inserting ‘‘pursuant to section 3(h)’’ 
after ‘‘by the agents of the Secretary’’; 
(3) by striking ‘‘his private lands’’ and inserting 
‘‘the landowner’s private lands’’; 
(4) by striking ‘‘if he does so’’ and inserting ‘‘if 
the private landowner does so’’; 
(5) by striking ‘‘removed or enticed from the 
public lands’’ and inserting ‘‘caused to leave public 
lands for the purpose of converting the animals into 
private property (including by removal or entice-
ment)’’; and 
(6) by striking ‘‘and supply him’’ and inserting 
‘‘and supply the Secretary’’. 
(e) COOPERATIVE AGREEMENTS; REGULATIONS.— 
Section 6 of the Wild Free-Roaming Horses and Burros 
Act (16 U.S.C. 1336) is amended— 
(1) by inserting ‘‘, nonprofit organizations, pri-
vate entities,’’ after ‘‘landowners’’; and 
(2) by striking ‘‘he deems’’ and inserting ‘‘the 
Secretary deems’’. 
(f) CRIMINAL PROVISIONS.—Section 8 of the Wild 
Free-Roaming Horses and Burros Act (16 U.S.C. 1338) 
is amended— 
(1) by striking ‘‘Any person who’’ and inserting 
the following: 
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‘‘(a) Any person who’’; 
(2) by amending paragraph (4) of subsection 
(a), as so redesignated, to read as follows: 
‘‘(4)(A) processes, authorizes to be processed, 
or ships, moves, delivers, receives, possesses, pur-
chases, sells, donates, or transports for processing 
any animal that is or was at any point during its life 
a wild free-roaming horse or burro, or the remains 
thereof, into commercial products, or 
‘‘(B) carries out any activity described in para-
graph (1) if the person has reason to believe the ani-
mal will be processed into commercial products as a 
result, or’’; and 
(3) in paragraph (6) of subsection (a), as so re-
designated— 
(A) by inserting ‘‘, and shall not be allowed 
to adopt or purchase any animal that is or was 
at any point during its life a wild free-roaming 
horse or burro’’ after ‘‘or both’’; and 
(B) by striking ‘‘he was appointed’’ and in-
serting ‘‘such judge was appointed’’. 
(g) TRANSPORTATION OF CAPTURED ANIMALS; PRO-
CEDURES AND PROHIBITIONS APPLICABLE.—Section 9 of 
the Wild Free-Roaming Horses and Burros Act (16 
U.S.C. 1338a) is amended— 
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(1) by striking ‘‘may use or contract for the use 
of helicopters or, for the purpose of transporting 
captured animals, motor vehicles. Such use’’ and in-
serting ‘‘shall prioritize use of the most humane, 
passive techniques, such as bait-and-trap techniques, 
for any capture of wild free-roaming horses and bur-
ros. The use of non-passive techniques with respect 
to the capture of wild free-roaming horses and bur-
ros’’; and 
(2) by striking ‘‘fixed-wing aircraft, or heli-
copters, or to’’ and inserting ‘‘or’’. 
(h) LIMITATION OF AUTHORITY.—Section 10 of the 
Wild Free-Roaming Horses and Burros Act (16 U.S.C. 
1339) is repealed. 
(i) JOINT REPORT TO CONGRESS; CONSULTATION 
AND COORDINATION
OF IMPLEMENTATION, ENFORCE-
MENT, AND DEPARTMENTAL ACTIVITIES; STUDIES.—Sec-
tion 11 of the Wild Free-Roaming Horses and Burros Act 
(16 U.S.C. 1340) is amended by striking ‘‘he might’’ and 
inserting ‘‘the Secretary might’’. 
SEC. 3. GAO REPORT. 
Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit, to the 
Committee on Natural Resources of the House of Rep-
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resentatives and the Committee on Energy and Natural 
Resources of the Senate, a report that describes— 
(1) humane alternatives to the use of heli-
copters and fixed-wing aircraft in managing wild 
free-roaming horse and burro populations; 
(2) job creation opportunities presented by the 
use of such humane alternatives; and 
(3) the effects of aircraft, including unmanned 
aircraft systems, on wild free-roaming horse and 
burro populations. 
Æ 
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