IB 
Union Calendar No. 94 
111TH CONGRESS 
1ST SESSION H. R. 1018 
[Report No. 111–177] 
To amend the Wild Free-Roaming Horses and Burros Act to improve the 
management and long-term health of wild free-roaming horses and bur-
ros, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
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] 
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 pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives 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 
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(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 fol-
lows through ‘‘(2)’’; 
(B) by inserting ‘‘, in accordance with sec-
tion 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 ecologi-
cal processes that sustain ecosystem function and a 
diversity of life forms, including those species listed 
under the Endangered Species Act of 1973, and fur-
ther ensures that wild horses and burros, livestock and 
wildlife species are given fair consideration in the al-
location of resources on those lands where said species 
are authorized or managed consistent with the re-
quirements of the Federal Land Policy and Manage-
ment Act of 1976 (Public Law 94–579) and other ap-
plicable law; and 
‘‘(h) ‘fatally injured or terminally ill’ means an 
animal exhibiting one or more of the following: 
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‘‘(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 se-
vere 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 pre-
clude an acceptable quality of life for the foresee-
able 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’’; 
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(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 strik-
ing the period after ‘‘public lands’’ and inserting a 
semicolon. 
(6) By striking ‘‘He shall’’ and inserting the fol-
lowing: 
‘‘(4)’’. 
(7) In paragraph (4) (as so designated), by strik-
ing ‘‘of this Act.’’ and inserting ‘‘of this Act;’’. 
(8) By striking ‘‘All’’ and inserting the fol-
lowing: 
‘‘(5) ensure that’’. 
(9) In paragraph (5) (as so designated)— 
(A) by inserting ‘‘related to wild free-roam-
ing horses and burros are’’ after ‘‘activities’’; 
(B) by striking ‘‘shall be’’ both places it ap-
pears; 
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(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 fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(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 fol-
lows: 
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(1) By striking ‘‘(b)(1) The Secretary shall’’ and 
inserting the following: 
‘‘(b) In order to determine if a thriving natural eco-
logical 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 fol-
lowing: 
‘‘(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 fol-
lows through ‘‘the Secretary’’ and inserting the fol-
lowing: 
‘‘(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- 
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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 man-
agement 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 deter-
mine appropriate management levels.’’. 
(4) By striking ‘‘shall consult with’’ and insert-
ing the following: 
‘‘(6) Develop and finalize the standards in con-
sultation with—’’. 
(5)(A) By inserting ‘‘(A)’’ before ‘‘the United 
States Fish’’. 
(B) By inserting ‘‘(B)’’ before ‘‘wildlife agen-
cies’’. 
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(C) By striking ‘‘wherein’’ and inserting 
‘‘where’’. 
(D) By striking ‘‘such individuals’’ and insert-
ing ‘‘(C) individuals’’. 
(E) By striking ‘‘such other individuals’’ and in-
serting ‘‘(D) individuals’’. 
(F) By striking ‘‘he’’ and inserting ‘‘the Sec-
retary’’. 
(G) By inserting ‘‘to’’ after ‘‘determines’’. 
(6) In subparagraphs (A) through (C) of para-
graph (6) (as so designated), by striking each comma 
and inserting a semicolon. 
(7) In subparagraphs (A) through (D) of para-
graph (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 pri-
vate 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 
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rangeland health, riparian zones, water quality, soil 
compaction, seed bed disturbance, native wildlife, and 
endangered or threatened species and transmit the re-
sults 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-roam-
ing horses and burros on rangeland health, riparian 
zones, water quality, soil compaction, seed bed dis-
turbance, native wildlife and endangered or threat-
ened 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 Agri-
culture shall take into account and avoid any poten-
tial conflicts with wind, solar, geothermal, oil, nat-
ural gas, energy transmission, and mineral resources 
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potential of the lands affected by the identification, 
designation, or establishment. 
‘‘(10) Research, develop, and implement en-
hanced 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 op-
tions 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 en-
sure’’; 
(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)— 
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(A) by striking ‘‘animals’’ the first two 
places it appears and inserting ‘‘wild free-roam-
ing horses and burros’’; 
(B) by striking ‘‘such’’ the first place it ap-
pears and inserting ‘‘the’’; and 
(C) by striking ‘‘and’’ after the semicolon 
and adding the following: 
‘‘(2) each individual adopter shall execute an ap-
propriate attestation, pursuant to section 1001 of title 
18, United States Code, affirming that adopted ani-
mals and their remains shall not be used for commer-
cial purposes; and 
‘‘(3) wild free-roaming horses and burros may 
not be contained in corrals or short-term holding fa-
cilities for more than 6 months while awaiting dis-
position.’’; 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’’; 
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(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 ani-
mals to’’; and 
(7) by striking ‘‘at the end of the one-year pe-
riod’’ 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 fol-
lowing: 
‘‘(2) No animal ever covered under this Act’’. 
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