[House Report 111-212]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-212
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PROVIDING FOR CONSIDERATION OF THE BILL (H.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
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July 16, 2009.--Referred to the House Calendar and ordered to be
printed
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Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 653]
The Committee on Rules, having had under consideration
House Resolution 653, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1018, the
``Restore Our American Mustangs Act,'' under a structured rule
providing one hour of general debate in the House equally
divided and controlled by the chairman and ranking minority
member of the Committee on Natural Resources. The resolution
waives all points of order against consideration of the bill
except for clauses 9 and 10 of rule XXI. The amendment in the
nature of a substitute recommended by the Committee on Natural
Resources now printed in the bill shall be considered as
adopted. The resolution waives all points of order against
provisions of the bill, as amended. This waiver does not affect
the point of order available under clause 9 of rule XXI
(regarding earmark disclosure). The resolution provides that
the bill, as amended, shall be considered as read.
The resolution makes in order the amendment printed in part
A of this report if offered by Representative Rahall or his
designee which, shall be considered as read, and shall be
separately debatable for 10 minutes equally divided and
controlled by the proponent and an opponent. The resolution
also makes in order the amendment in the nature of a substitute
printed in part B of this report, if offered by Representative
Hastings of Washington or his designee, which shall be
separately debatable for 30 minutes equally divided and
controlled by the proponent and an opponent.
The resolution waives all points of order against the
amendments printed in this report except for clauses 9 and 10
of rule XXI. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and all points of order against provisions of the bill, as
amended, the Committee is not aware of any points of order. The
waivers of all points of order are prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 213
Date: July 16, 2009.
Measure: H.R. 1018.
Motion by: Mr. Diaz-Balart.
Summary of motion: To grant a modified open rule with a
pre-printing requirement.
Results: Defeated 2-6.
Vote by Members: McGovern--Nay; Hastings--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Diaz-Balart--Yea; Foxx--Yea;
Slaughter--Nay.
Rules Committee record vote No. 214
Date: July 16, 2009.
Measure: H.R. 1018.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hastings (WA), #3, which would
restrict the ability to acquire land for wild free-roaming
horses and burros in any state with unemployment at 10% or
higher.
Results: Defeated 2-6.
Vote by Member: McGovern--Nay; Hastings--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Diaz-Balart--Yea; Foxx--Yea;
Slaughter--Nay.
SUMMARY OF AMENDMENT IN PART A MADE IN ORDER
Rahall (WV): The amendment broadens the types of fertility
controls authorized under the bill, narrows the definition of
prohibited ``commercial'' uses for wild horses and burros and
clarifies the membership of the Wild Horse and Burro Advisory
Council; relaxes the requirement that the acreage available to
wild horses and burros never be less than when the original Act
passed in 1971; and the amendment makes restoration of the
acreage a goal, rather than a requirement. (10 minutes)
SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART B MADE IN
ORDER
Hastings (WA): The amendment in the nature of a substitute
is identical to the text of the wild horses and burros bill as
passed by the House in the 110th Congress. It prohibits the
commercial slaughter of horses and estimated by CBO to cost
less than $500,000 a year to implement. (30 minutes)
PART A--TEXT OF AMENDMENT MADE IN ORDER
Page 6, line 20, insert ``, to the extent practicable,''
after ``ensure that''.
Page 11, line 4, before ``surgical'' insert ``fertility
control for mares, stallions, or both, such as''.
Page 11, line 5, insert ``, humane, and effective'' after
``safe''.
Page 12, line 11, strike ``and'' and all that follows through
line 12, and insert ``or their remains shall not be sold or
transferred for consideration for processing into commercial
products; and''.
Page 17, line 6, strike ``at a minimum''.
Page 19, line 22, strike ``immunocontraception'' and insert
``fertility control''.
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PART B--TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER
Strike all after the enacting clause and insert the
following:
SECTION 1. SALE OF WILD FREE-ROAMING HORSES AND BURROS.
(a) In General.--Section 3(d)(5) of Public Law 92-195 (16
U.S.C. 1333(d)(5)) is amended--
(1) by striking the period and inserting the
following: ``Provided, That no wild free-roaming horse
or burro or its remains may be sold or transferred for
consideration for processing into commercial
products.''; and
(2) by striking subsection (e).
(b) Criminal Provisions.--Section (8)(a)(4) of Public Law 92-
195 (16 U.S.C. 1338(a)(4)) is amended by striking ``except as
provided in section 3(e),''.