IIB 
111TH CONGRESS 
1ST SESSION H. R. 1018 
IN THE SENATE OF THE UNITED STATES 
JULY 20, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 provi-
sion, 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; 
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(5) in paragraph (f)— 
(A) by striking ‘‘(1) which’’ and all that 
follows 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 eco-
logical processes that sustain ecosystem function and 
a diversity of life forms, including those species list-
ed under the Endangered Species Act of 1973, and 
further ensures that wild horses and burros, live-
stock 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 
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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 pre-
clude an acceptable quality of life for the fore-
seeable 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 fol-
lowing: 
‘‘(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’’; 
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(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 insert-
ing 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 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 
appears; 
(C) by inserting ‘‘relevant State’’ after ‘‘in 
consultation with the’’; 
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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 Manage-
ment.’’. 
(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: 
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‘‘(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 pub-
lic involvement, for setting consistent, appropriate 
management levels on public lands, based on sci-
entifically sound methodologies. 
‘‘(3) Provide a public process, including a pe-
riod for notice and comment, for finalizing appro-
priate management level standards. 
‘‘(4) Publish and distribute these standards to 
each field office so that the methodology for esti-
mating 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 insert-
ing the following: 
‘‘(6) Develop and finalize the standards in con-
sultation with—’’. 
(5)(A) By inserting ‘‘(A)’’ before ‘‘the United 
States Fish’’. 
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(B) By inserting ‘‘(B)’’ before ‘‘wildlife agen-
cies’’. 
(C) By striking ‘‘wherein’’ and inserting 
‘‘where’’. 
(D) By striking ‘‘such individuals’’ and insert-
ing ‘‘(C) individuals’’. 
(E) By striking ‘‘such other individuals’’ and 
inserting ‘‘(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 ease-
ments, voluntary grazing buyouts, and agreements 
with private landowners to allow for the federally su-
pervised protection of wild horses and burros on pri-
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vate 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 ef-
fects 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, 
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natural gas, energy transmission, and mineral re-
sources potential of the lands affected by the identi-
fication, designation, or establishment. 
‘‘(10) Research, develop, and implement en-
hanced fertility control for mares, stallions, or both, 
such as surgical or immunocontraception steriliza-
tion or other safe, humane, and effective 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 fol-
lows through ‘‘horses and burros to be’’ in subpara-
graph (B) and inserting ‘‘has exhausted all prac-
ticable options for maintaining a thriving natural ec-
ological 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’’; 
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(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-roam-
ing 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 or their remains shall not be sold or trans-
ferred for consideration for processing into commer-
cial products; 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 para-
graph (3). 
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(e) Redesignate subsection (c) of section 3 as sub-
section (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 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 sub-
section (f) and in such subsection— 
(1) by striking ‘‘Wild’’ and inserting ‘‘(1) Ex-
cept 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 sub-
section (c)(1)’’ and inserting ‘‘(e)’’; 
(4) in subparagraph (C) (as so redesignated), 
by striking ‘‘(b)’’and inserting ‘‘(h)’’; 
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(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’’. 
(g) By inserting after section 3(f) (as so redesig-
nated) the following: 
‘‘(g) Not later than one year after the date of enact-
ment 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, in-
cluding the use of the internet or other media to 
showcase horses and the adoption program; 
‘‘(2) explore public outreach opportunities, in-
cluding agreements with local and State organiza-
tions that are using horses for rehabilitation, ther-
apy, or prisoner programs; 
‘‘(3) provide resources to properly screen and 
train potential adopters; 
‘‘(4) conduct tours of Bureau of Land Manage-
ment facilities for interested parties; 
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‘‘(5) develop volunteer mentor and compliance 
check programs for assisting the agency in facili-
tating 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 to-
wards 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 in-
jured wild free-roaming horse or burro will be de-
stroyed 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 
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to the health and well being of native plant or wildlife spe-
cies. 
‘‘(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 treat-
ment of gathered wild free-roaming horses and bur-
ros 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 ac-
cessible on the Website of the Bureau of Land Man-
agement.’’. 
(h) By striking subsection (e) (relating to sale of ex-
cess animals). 
SEC. 6. PRIVATE MAINTENANCE. 
Section 4 (16 U.S.C. 1334) is amended— 
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(1) by striking ‘‘animals removed’’ and insert-
ing ‘‘animals returned to public land’’; and 
(2) by inserting ‘‘pursuant to section 3(h)’’ 
after ‘‘agents of the Secretary’’. 
SEC. 7. COOPERATIVE AGREEMENTS. 
Section 6 (16 U.S.C. 1336) is amended by inserting 
‘‘and other private entities’’ after ‘‘landowners’’. 
SEC. 8. JOINT ADVISORY BOARD. 
Section 7 (16 U.S.C. 1337) is amended— 
(1) by striking ‘‘nine’’ and inserting ‘‘12’’; 
(2) by striking ‘‘Governments’’ and all that fol-
lows ‘‘management.’’ and inserting ‘‘Governments 
and shall include three representatives of the live-
stock industry; three representatives of the environ-
mental community; three representatives of the ani-
mal protection community; and three scientists with 
expertise in wildlife management, animal husbandry, 
or natural resource management.’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘Nomination of members of the board shall be 
conducted by public notice and comment in accord-
ance with the Federal Advisory Committee Act (5 
U.S.C. Appendix) and shall be for a term of four 
years. No individual shall serve more then two con-
secutive terms.’’. 
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SEC. 9. CRIMINAL PROVISIONS. 
Section 8 (16 U.S.C. 1338) is amended— 
(1) by striking ‘‘Any person who’’ and inserting 
‘‘(a) Any person who’’; and 
(2) in paragraph (4) of subsection (a) (as so 
designated)— 
(A) by striking ‘‘except as provided in sec-
tion 3(e),’’; 
(B) by inserting ‘‘, transports for proc-
essing,’’ after ‘‘processes’’; 
(C) by striking ‘‘the remains of a’’ and in-
serting ‘‘a live or deceased’’; and 
(D) by inserting ‘‘for consideration’’ after 
‘‘burro’’. 
SEC. 10. LIMITATION OF AUTHORITY. 
Strike section 10 (16 U.S.C. 1339) and redesignate 
section 11 as section 10. 
SEC. 11. REPORTS. 
Section 10 (as so redesignated by section 10 of this 
Act) is amended as follows: 
(1) By striking ‘‘After the expiration’’ and all 
that follows through ‘‘thereafter’’ and inserting 
‘‘(a)(1) Not later than one year after the date of en-
actment of this subsection and annually thereafter’’. 
(2) By striking ‘‘will submit to Congress a joint 
report’’ and inserting ‘‘shall submit to the Com-
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mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a joint report’’. 
(3) By striking ‘‘he’’ and inserting ‘‘the Secre-
taries’’. 
(4) By inserting after subsection (a)(1) (as so 
designated) the following: 
‘‘(2) The report shall also contain the following— 
‘‘(A) the number of acres managed by the Bu-
reau of Land Management and the USDA Forest 
Service for wild free-roaming horses and burros; 
‘‘(B) the appropriate management levels on 
public rangelands; 
‘‘(C) a description of the methods used to deter-
mine the appropriate management levels and wheth-
er it was applied consistently across the agency; 
‘‘(D) the number of wild free-roaming horses 
and burros on public lands; 
‘‘(E) a description of the methods used to de-
termine the wild free-roaming horse and burro popu-
lation; 
‘‘(F) any land acquisitions, exchanges, con-
servation easements, and voluntary grazing buyouts 
that the Secretary has acquired or pursued for wild 
free-roaming horses and burros; 
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‘‘(G) any sanctuaries or exclusive use areas es-
tablished for wild free-roaming horses and burros; 
‘‘(H) programs established for fertility control 
research, development, and management level imple-
mentation; 
‘‘(I) the extent to which fertility control is being 
used by the Secretary to control the population of 
wild free-roaming horses and burros; 
‘‘(J) the percentage of the Bureau of Land 
Management budget devoted to contraception annu-
ally; 
‘‘(K) the ratio of animals the agency has 
contracepted and put back on the range; and 
‘‘(L) which herds have been administered con-
traception and with what results. 
‘‘(3) Each report submitted under paragraph (2) 
shall be made available to the public on the Website of 
the Bureau of Land Management.’’. 
(5) By inserting ‘‘(b)’’ before ‘‘The Secretary of 
the Interior’’. 
Passed the House of Representatives July 17, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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