[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9154 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9154
To amend the Wild Free-Roaming Horses and Burros Act to protect horses
and burros from slaughter and ensure their humane management, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2022
Mr. Grijalva (for himself, Mr. Cohen, Mr. Fitzpatrick, Ms. Titus, Mr.
Schweikert, and Mr. Neguse) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Wild Free-Roaming Horses and Burros Act to protect horses
and burros from slaughter and ensure their humane management, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Free-Roaming Horses and Burros
Protection Act of 2022''.
SEC. 2. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT.
(a) Congressional Findings and Declaration of Policy.--Section 1 of
the Wild Free-Roaming Horses and Burros Act (16 U.S.C. 1331) is amended
by striking ``in the area where presently found, as''.
(b) Definitions.--Section 2 of the Wild Free-Roaming Horses and
Burros Act (16 U.S.C. 1332) is amended--
(1) in subsection (a), by striking ``by him'' in each place
it occurs;
(2) in subsection (b), by striking ```wild free-roaming
horses and burros''' and inserting ```wild free-roaming horses
and burros' or `wild free-roaming horses or burros''';
(3) by amending subsection (d) to read as follows:
``(d) `population' means all wild free-roaming horses and burros
existing within the boundaries of a herd management area or range;'';
(4) in subsection (e), by striking ``Service.'' and
inserting ``Service;''
(5) in subsection (f)--
(A) by striking ``or burros'' and all that follows
through ``must be removed'' and inserting ``and burros
that must be removed''; and
(B) by striking ``in that area.'' and inserting
``in that area;''; and
(6) by adding at the end the following:
``(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 burros 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 balance;
``(k) `animal welfare or wild horse organization' means an
organization--
``(1) described in section 501(c)(3) of the Internal
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 preservation of wild free-
roaming horse and burro populations.''.
(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 preservation, 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 inserting
``The Secretary shall consider'';
(D) by inserting ``wild free-roaming horses and
burros as well as'' before ``the natural ecological
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 handling, 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 during such
activities; and
``(ii) ensure measures are in place for
violations of the requirements or conditions
under clause (i) to be corrected as
expeditiously 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 remove
excess animals'' and inserting ``should be
taken to manage excess animals'';
(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
population levels)'' and inserting ``determine
how the Secretary can achieve appropriate
management levels using the most humane
approaches available''; and
(iii) by striking ``whom he determines''
and inserting ``whom the Secretary
determines'';
(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 control methods, such as reversible
immunocontraception vaccines, to achieve on-range management
goals.
``(B) In carrying out this paragraph, the Secretary 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 Secretary to
surgically sterilize any wild free-roaming horse or burro for
the purposes of on-range population management.'';
(D) by amending paragraph (3), as so redesignated,
to read as follows:
``(3)(A) The Secretary shall exhaust all practicable
options for maintaining a thriving natural ecological balance
on public lands before removing wild free-roaming horses and
burros, including reallocating 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-ordered
environmental impact statements, as defined in section
3 of the Public Rangelands Improvement Act of 1978 (43
U.S.C. 1902);
``(iv) the best available science; and
``(v) such additional information as becomes
available to the Secretary from time to time, including
that information developed in the research study
mandated by this section.
``(C) In the absence of the information contained 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 information 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 maintenance 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 treatment 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
appropriate 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 commercial product,
including by any action described 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 inserting
``one-year period only after the Secretary or a trained
representative completes a compliance inspection and it
is determined that there are no violations of
applicable laws, regulations, 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);
(5) by amending subsection (e) to read as follows:
``(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 organizations
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 system; and
``(5) pursue agreements with organizations that use horses
for rehabilitation, therapy, prison training, or veteran
programs.
``(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 licensed
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 commercial products; or
``(2) carry out any activity described in paragraph (1) if
the Secretary has reason to believe the animal will be
processed into commercial products as a result.
``(j) The Secretary may temporarily remove wild free-roaming horses
and burros from public lands if the immediate 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 burros, the Secretary
shall provide a public notice on a public website of the Secretary's
department at least 30 days before 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 injury or cause of death, in a
centralized database system; and
``(2) publish such information on a public website of the
Secretary's department.''.
(d) Private Maintenance; Numerical Approximation; Strays on Private
Lands; Removal; Destruction 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'';
(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 enticement)''; 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, private
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:
``(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, purchases, 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 paragraph (1)
if the person has reason to believe the animal will be
processed into commercial products as a result, or''; and
(3) in paragraph (6) of subsection (a), as so
redesignated--
(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 inserting
``such judge was appointed''.
(g) Transportation of Captured Animals; Procedures and Prohibitions
Applicable.--Section 9 of the Wild Free-Roaming Horses and Burros Act
(16 U.S.C. 1338a) is amended--
(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 inserting ``shall
prioritize use of the most humane, passive techniques, such as
bait-and-trap techniques, for any capture of wild free-roaming
horses and burros. The use of non-passive techniques with
respect to the capture of wild free-roaming horses and
burros''; and
(2) by striking ``fixed-wing aircraft, or helicopters, 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, Enforcement, and Departmental Activities; Studies.--
Section 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 Representatives and the Committee on Energy
and Natural Resources of the Senate, a report that describes--
(1) humane alternatives to the use of helicopters 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.
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