THE ROAM ACT-2009

Includes previous revisions to the Wild Free-Roaming Horse and Burro Act (Public
Law 92-195) and modifications by the Public Rangelands Improvement Act of 1978;
as well as modifications by the Federal Land Policy and Management Act of 1976.
Current revisions include the ROAM ACT of 2009.
111TH CONGRESS
1ST SESSIONH. R. 1018
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 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
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 purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. 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 2 Burros Act; 16 U.S.C. 1331 et seq.).
16 USCS § 1331 SEC. 2. POLICY
To require the protection, management, and control of wild free-roaming horses and
burros on public lands. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That Congress finds and
declares that wild free-roaming horses and burros are living symbols of the historic
and pioneer spirit of the West; that they contribute to the diversity of life forms
within the Nation and enrich the lives of the American people; and that these horses
and burros are fast disappearing from the American scene. It is the policy of
Congress that wild free-roaming horses and burros shall be protected from capture,
branding, harassment, or death; and to accomplish this they are to be considered an
integral part of the natural system of the public lands.
16 USCS § 1332 SEC.3. DEFINITIONS.
As used in this Act [16 USCS §§ 1331 et seq.]--
(a) "Secretary" means the Secretary of the Interior when used in connection with
public lands administered by him through the Bureau of Land Management and the
Secretary of Agriculture in connection with public lands administered by him through
the Forest Service;
(b) "wild free-roaming horses and burros" means all unbranded and unclaimed
horses and burros on public lands of the United States;
(c) "range" means the amount of land necessary to sustain an existing herd or
herds of wild free-roaming horses and burros, and which is devoted principally but
not necessarily exclusively to their welfare in keeping with the multiple-use
management concept for the public lands;
(d) "herd" means one or more stallions and his mares;
(e) "public lands" means any lands administered by the Secretary of the Interior
through the Bureau of Land Management or by the Secretary of Agriculture through
the Forest Service ;
(f) "excess animals" means wild free-roaming horses or burros which must be
removed from an area, in accordance with section 3(d), in order to preserve and
maintain a thriving natural ecological balance and multiple-use relationship in that
area."
16 USCS § 1333 SEC. 4. INVENTORY AND DETERMINATIONS
(a) All wild free-roaming horses and burros are hereby declared to be under the
jurisdiction of the Secretary for the purpose of management and protection in
accordance with the provisions of this Act [16 USCS §§ 1331 et seq.]. The Secretary
shall—
"(1) protect and manage wild free-roaming horses and burros as components of the
public lands;
"(2) designate and maintain specific ranges on public lands as sanctuaries for their
protection and preservation, where the Secretary after consultation with the wildlife
agency of the State where any such range is proposed and with the Advisory Board
established in section 7 considers such action desirable.
"(3) manage wild free-roaming horses and burros in a manner that is designed to
achieve and maintain a thriving natural ecological balance on the public lands;
"(4) consider the recommendations of qualified scientists in the field of biology and
ecology, some of whom shall be independent of both Federal and State agencies and
may include members of the Advisory Board established in section 7;
"(5) ensure that management activities are at the minimal feasible level and carried
out in consultation with the relevant State wildlife agency in order to protect the
natural ecological balance of all wildlife species, particularly endangered wildlife
species; and
"(6) ensure that any adjustments in forage allocations are made after taking into
consideration the needs of other wildlife species.
"(b) In order to determine if an overpopulatoin of wild free-roaming horses and
burros exists, the Secretary shall--
"(1) maintain a current inventory of wild free-roaming horses and burros on the
public lands;
‘‘(2) update the inventory annually; and
‘‘(3) make the inventory by herd management area available to the public on the
Website of the Bureau of Land Management at no cost.
‘‘(c) In order to better manage wild free-roaming horses and burros, 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-roaming horse and burro populations on public lands.
‘‘(2) Employ scientifically sound methods to develop a policy for setting consistent,
appropriate management levels.
‘‘(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 Bureau of Land Management personnel on the use of these standard
techniques to estimate population and determine appropriate management levels.
‘‘(6) Consult with—
‘‘(A) the United States Fish and Wildlife Service;
‘‘(B) wildlife agencies of the State or States where wild free-roaming horses and
burros are located;
‘‘(C) individuals independent of Federal and State governments who have been
recommended by the National Academy of Sciences; and
‘‘(D) individuals who the Secretary determines to have scientific expertise and
special knowledge of wild horse and burro protection, wildlife management, and
animal husbandry related to rangeland management.
‘‘(7) Identify new, appropriate rangelands for wild free-roaming horses and burros,
including use of land acquisitions, exchanges, conservation easements, and
voluntary grazing buyouts, and negotiate with private landowners to allow for the
federally supervised protection of wild horses and burros on private lands.
‘‘(8) Establish sanctuaries or exclusive use areas; and
‘‘(9) Research, develop, and implement enhanced surgical or immunocontraception
sterilization or other safe methods of fertility control.
‘‘(d) If the Secretary has exhausted all practicable options of maintaining populations
of wild free-roaming horses and burros on the range, the Secretary may provide that
excess wild free-roaming horses and burros are humanely captured and removed for
private maintenance and care, so long as the Secretary has determined an adoption
demand exists by qualified individuals and the Secretary can ensure humane
treatment and care by requiring that—
‘‘(1) no more than four wild free-roaming horses and burros may be adopted per
year by any individual, unless the Secretary determines, in writing, that the
individual is capable of humanely caring for more than four wild free-roaming horses
and burros, including the transportation of such animals by the adopting party;
‘‘(2) each individual adopter shall execute an appropriate attestation, pursuant to
section 1001 of title 18, United States Code, affirming that adopted animals shall not
be used for purposes of slaughter for human consumption;
‘‘(3) methods for removing wild horses and burros shall not include the use of
helicopters or any other airborne devices; and
‘‘(4) wild horses and burros shall not be contained in corrals or other holding facilities
for more than 6 months, while awaiting disposition.
‘‘(e) When an excess wild free-roaming horse or burro has been transferred to a
qualified individual for adoption and private maintenance pursuant to this Act and the
Secretary determines that such individual has provided humane conditions,
treatment, and care for such animal for one year, the Secretary may, upon
application by the transferee, grant the transferee title to that animal.
‘‘(f) Not later than one year after the date of the enactment 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, including the use of the Internet or other media to showcase horses and
burros and the adoption program;
‘‘(2) explore public outreach opportunities, including agreements with local and State
organizations that are using horses and burros for rehabilitation, therapy, or prisoner
programs;
‘‘(3) provide resources to properly screen and train potential adopters;
‘‘(4) conduct tours of Bureau of Land Management facilities for interested parties;
and
‘‘(5) develop volunteer mentor and compliance check programs for assisting the
agency in facilitating successful adoptions.
‘‘(g) 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; and
‘‘(2) ensures that the terminally ill wild free roaming horse or burro will be destroyed
in the most humane manner.
‘‘(h) If the immediate health or safety of wild free roaming horses or burros is
threatened, such as in severe drought conditions, the Secretary shall temporarily
remove animals from the range.
‘‘(i) Except in cases of removal under subsection (g) or subsection (h), if the
Secretary removes wild free-roaming horses or burros from the range or decreases
the range of the wild horses and burros, the Secretary shall provide a public notice
on the Website of the Bureau of Land Management 30 days prior to the planned
removal.
‘‘(j) The Secretary shall—
‘‘(1) track the number of wild free-roaming horses and burros injured during
gathering or holding in a centralized database system;
‘‘(2) determine what information on the treatment of gathered wild free-roaming
horses and burros in holding and adopted wild free-roaming horse and burros could
be provided to the public to help inform the public about the treatment of wild free
roaming horse and burros; and
‘‘(3) ensure that such information is easily accessible on the Website of the Bureau of
Land Management.’’.
16 USCS § 1334. SEC. 5. PRIVATE MAINTENANCE.
Private maintenance; numerical approximation; strays on private lands; removal:
destruction by agents
If wild free-roaming horses or burros stray from public lands onto privately owned
land, the owners of such land may inform the nearest Federal marshal or agent of
the Secretary, who shall arrange to have the animals returned to public lands;
Nothing in this section shall be construed to prohibit a private landowner from
maintaining wild free-roaming horses or burros on his private lands, or lands leased
from the Government, if he does so in a manner that protects them from
harassment, and if the animals were not willfully removed or enticed from the public
lands. Any individuals who maintain such wild free-roaming horses or burros on their
private lands or lands leased from the Government shall notify the appropriate agent
of the Secretary and supply him with a reasonable approximation of the number of
animals so maintained.
16 USCS § 1335 Recovery rights
A person claiming ownership of a horse or burro on the public lands shall be entitled
to recover it only if recovery is permissible under the branding and estray laws of the
State in which the animal is found.
16 USCS § 1336 SEC. 6. COOPERATIVE AGREEMENTS.
The Secretary is authorized to enter into cooperative agreements with other
landowners and other private entities and with the State and local governmental
agencies and may issue such regulations as he deems necessary for the furtherance
of the purposes of this Act [16 USCS §§ 1331 et seq.].
16 USCS § 1337 SEC. 7. JOINT ADVISORY BOARD.
§ 1337. Joint advisory board; appointment; membership; functions; qualifications;
reimbursement limitations
The Secretary of the Interior and the Secretary of Agriculture are authorized and
directed to appoint a joint advisory board of not more than 12 members to advise
them on any matter relating to wild free-roaming horses and burros and their
management and protection. They shall select as advisers persons who are not
employees of the Federal or State Governments and shall include at a minimum
three representatives of the livestock industry; three representatives of the
environmental community; three representatives of the humane community; and
three scientists with doctorate degrees who have expertise in wildlife management.
Selection of members of the board shall be conducted by notice and comment
rulemaking in accordance with the Administrative Procedure Act (5 U.S.C. et seq.)
shall be for a term of four years. No individual shall serve more then two consecutive
terms.
16 USCS § 1338 SEC. 8. CRIMINAL PROVISIONS.
(a) Violations; penalties; trial. Any person who--
(1) willfully removes or attempts to remove a wild free-roaming horse or burro
from the public lands, without authority from the Secretary, or
(2) converts a wild free-roaming horse or burro to private use, without authority
from the Secretary, or
(3) maliciously causes the death or harassment of any wild free-roaming horse or
burro, or
(4) except as provided in section 3(d) [16 USCS § 1333(e)], processes, transports
for processing, or permits to be processed into commercial products a live or
deceased wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or burro maintained on
private or leased land pursuant to section 4 of this Act [16 USCS § 1334], or the
remains thereof, or
(6) willfully violates a regulation issued pursuant to this Act [16 USCS §§ 1331 et
seq.], shall be subject to a fine of not more than $ 2,000, or imprisonment for not
more than one year, or both. Any person so charged with such violation by the
Secretary may be tried and sentenced by any United States commissioner or
magistrate [magistrate judge] designated for that purpose by the court by which he
was appointed, in the same manner and subject to the same conditions as provided
for in section 3401, title 18, United States Code.
(b) Arrest; appearance for examination or trial; warrants: issuance and execution.
Any employee designated by the Secretary of the Interior or the Secretary of
Agriculture shall have power, without warrant, to arrest any person committing in
the presence of such employee a violation of this Act [16 USCS §§ 1331 et seq.] or
any regulation made pursuant thereto, and to take such person immediately for
examination or trial before an officer or court of competent jurisdiction, and shall
have power to execute any warrant or other process issued by an officer or court of
competent jurisdiction to enforce the provisions of this Act [16 USCS §§ 1331 et
seq.] or regulations made pursuant thereto. Any judge of a court established under
the laws of the United States, or any United States magistrate may, within his
respective jurisdiction, upon proper oath or affirmation showing probable cause,
issue warrants in all such cases.
16 U.S.C.S. § 1338a SEC. 9. TRANSPORTATION OF CAPTURED ANIMALS.
In administering this Act, the Secretary may use or contract for the use of motor
vehicles for the purpose of transporting captured animals. Such use shall be
undertaken only after a public hearing and under the direct supervision of the
Secretary or of a duly authorized official or employee of the Department. Such use
shall be in accordance with humane procedures prescribed by the Secretary.
16 USCS § 1339 SEC. 10. REPORTS
(a) (1) After the expiration of thirty calendar months following the date of enactment
of this Act, and every twenty-four calendar months thereafter, the Secretaries of the
Interior and Agriculture will submit to Congress a joint report on the administration
of this Act, including a summary of enforcement and/or other actions taken
thereunder, costs, and such recommendations for legislative or other actions he
might deem appropriate.
(2)The Secretary of the Interior and the Secretary of Agriculture shall consult with
respect to the implementation and enforcement of this Act and to the maximum
feasible extent coordinate the activities of their respective departments and in the
implementation and enforcement of this Act. The Secretaries are authorized and
directed to undertake those studies of the habits of wild free-roaming horses and
burros that they may deem necessary in order to carry out the provisions of this Act.
‘‘(b)(1) Not later than one year after the date of the enactment of this subsection
and annually thereafter, the Secretary 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 contains the following:
‘‘(A) The number of acres managed by the Bureau of Land Management for wild
free-roaming horses and burros.
‘‘(B) The appropriate management levels on public rangelands.
‘‘(C) A description of the methods used to determine the appropriate management
levels and whether 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 determine the wild free-roaming horse and
burro population;
‘‘(F) any land acquisitions, exchanges, conservation easements, and voluntary
grazing buyouts that the Bureau of Land Management has acquired or pursued for
wild free-roaming horses and burros;
‘‘(G) any sanctuaries or exclusive use areas established for wild free-roaming horses
and burros;
‘‘(H) programs established for enhanced surgical or immunocontraception
sterilization research and development;
‘‘(I) the extent to which fertility control is being used by the Bureau of Land
Management to control the population of wild free-roaming horses and burros;
‘‘(J) the percentage of the Bureau of Land Management budget devoted to
contraception annually;
‘‘(K) the ratio of horses the agency has contracepted and put back on the range; and
‘‘(L) which herds contraception has been administered and with what results.
‘‘(2) Each report submitted under paragraph (1) shall be made available to the public
on the Website of the Bureau of Land Management.’’

Wild horse debate gallops on

LOS ANGELES — The Obama administration's first try at resolving the debate over the wild horses of the West has not gone over well with some.
Animal rights groups say that Interior Secretary Ken Salazar's proposal to relocate thousands of mustangs to preserves in the East and Midwest would compound years of federal mismanagement of the horses.

They want the 37,000 horses now roaming federal lands in the West to remain despite the risk of starvation and conflicts with cattle. In response to Salazar's proposal, they reiterated their stand during the Bush administration: let the mustangs run loose on millions of acres of federal land where beef cattle are raised.

"Why are we, a cowboy nation, destroying the horse we rode in on?" asks Deanne Stillman, author of Mustang: The Saga of the Wild Horse in the American West. "We may be heading toward the point where we only have wild horses in zoos."

Tom Gorey, spokesman for the Bureau of Land Management, the agency that manages the rangelands, said the federal government is aware "of the heritage and symbolic importance of these horses." Even so, the bureau says, the cost of keeping the horses at a sustainable population is far too much.

"We're protecting horses, rangelands and the taxpayer," Gorey said.


TAX BURDEN: Wild horses face slaughter
Full article:http://www.usatoday.com/news/nation/environment/2009-10-26-wild-horses_N.htm?csp=usat.me&POE=click-refer

The Stampede to Oblivion

Also on LasVegasNow.com

Nevada's Wild Horses and Burros: Adopt & ProtectHalf of the country's wild horses are in Nevada and the BLM is gathering them off of public land in record numbers with increasingly thin justifications behind the roundups.

Critics allege the BLM has repeatedly engineered or otherwise contributed to the conditions on public ranges, which are later used to justify the removal of horses. Fences have cut the horses off from water and forage all over the west, which BLM then uses as a reason to round them up.

Overall, BLM has gathered a quarter of a million horses off the public range, but what's happening now is different from previous years, both in scale and long-term intent, and it is happening with virtually no oversight.

"They are saying, ‘Okay, we will do what we want.' They just totally caved in. What the public doesn't already realize is that these greatly reduced herd management areas are already a very serious reduction. But now they're just going for broke. They are saying, ‘Hell, get rid of them,'" said Craig Downer.

"We have taken the number of horses off the range by over 50-percent in 20 years. For these people to say the horses are out of control, the numbers are out of control, there isn't anything out there that's realized a 50-percent decrease in the last two decades. Certainly not the number of cattle out there," said Jerry Reynoldson.

By almost any measure, there has been a dramatic shift. The pace of the government roundups has jumped over the last several years, averaging more than 9,000 head per year. As of early 2009, there are more than 33,000 horses in places like Ridgecrest, California or Fallon, Nevada -- more horses than exist on the open range.

Once they get to government corrals, they're no longer wild horses. Essentially they become wards of the state -- welfare horses living off the public dole and for the rest of their lives, they will be warehoused at either government pens or private ranches.

Chief Investigative Reporter George Knapp explores how the wild horse program got in such bad shape and what can be done to turn it around, including a plan by billionaire philanthropist Madeleine Pickens that would create an eco-tourism destination featuring the horses.
Full article,comments,pictures and video:http://www.lasvegasnow.com/global/story.asp?s=11285225

MUSTANGING THE WEST-

In 1971, the Congress of the U.S. recognized mustangs as "living symbols of the historic and pioneer spirit of the West, which continue to contribute to the diversity of life forms within the Nation and enrich the lives of the American people."



Since 1971, the fate, control, & population of the feral mustang and burros is in the hands of the Bureau of Land Management through the Wild Free-Roaming Horses and Burros Act.



Some of the things they have accomplished have been for the horses' protection, like making it a criminal felony to shoot or poison the animals. In the 1976 Federal Land Policy and

Management Act was written to ensure that the herds stayed healthy and could thrive on good rangelands.


They determined guidelines for the techniques used to round up the Mustangs, ensuring they were humane. One method was by the use of the Judas horse, who peacefully led rounded-up horses already frightened into the corrals.



Adoption practices were determined to provide the horses with homes and long-term care. Those who wished to adopt a mustang were required to pay a small fee, ranging from $25 to $125. Some abused this provision, however, purchasing the feral horses to be immediately re-sold to the slaughter houses. Because of that, an amendment to the bill was instituted preventing them from re-selling within a year's time - except under certain criteria.
To read and learn more about the issue,please visit:
http://www.mustangingthewest.com/The-History-of-the-Mustang.php

Take Action Today on Wild Horse Bill (S. 1579)

Call Your U.S. Senator Today!


The Restore Our American Mustangs (ROAM) Act (S. 1579), recently introduced by Senator Robert C. Byrd (D-WV) will restore protections for our country's wild horses and burros that were stripped away in recent years.

Not only will the ROAM Act ensure that our mustangs and burros are once again protected from slaughter, but it seeks to reclaim land - some 19 million acres - taken away from these magnificent animals. Please take a moment to contact your U.S. Senators today and ask them to cosponsor this vital legislation.

Read about this bill http://capwiz.com/compassionindex/issues/alert/?alertid=14082831

Burros to be moved off Army post

BARSTOW, Calif., July 31 (UPI) -- Wild burros are to be relocated from an Army post in California and from areas around Death Valley, federal officials said.

Burros drawn by natural springs at Fort Irwin, Calif., are disturbing the habitat of the desert tortoise, a species listed as threatened, and other native animals are being threatened when they stray into live fire areas, The Barstow Desert Dispatch reported.

"When you only have one water source ... where else are they going to go? They're going to concentrate there and have some impact," said Anthony Chavez of the Bureau of Land Management.

The Army has asked the BLM to move 40 burros away from Fort Irwin. Others will be moved from Owl Hole Springs near Death Valley.

The burros will be kept at a BLM holding facility and made available for adoption. The wild burros are descendents of domesticated donkeys brought to the Americas by Spanish colonizers.