US (United States) Code. Title 16. Chapter 30: Wild horses and burros: protection, management and control

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION,

MANAGEMENT, AND CONTROL 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

.

-HEAD-

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-MISC1-

Sec.

1331. Congressional findings and declaration of policy.

1332. Definitions.

1333. Powers and duties of Secretary.

(a) Jurisdiction; management; ranges; ecological

balance objectives; scientific recommendations;

forage allocation adjustments.

(b) Inventory and determinations; consultation;

overpopulation; research study: submittal to

Congress.

(c) Title of transferee to limited number of excess

animals adopted for requisite period.

(d) Loss of status as wild free-roaming horses and

burros; exclusion from coverage.

1334. Private maintenance; numerical approximation; strays on

private lands: removal; destruction by agents.

1335. Recovery rights.

1336. Cooperative agreements; regulations.

1337. Joint advisory board; appointment; membership; functions;

qualifications; reimbursement limitations.

1338. Criminal provisions.

(a) Violations; penalties; trial.

(b) Arrest; appearance for examination or trial;

warrants: issuance and execution.

1338a. Transportation of captured animals; procedures and

prohibitions applicable.

1339. Limitation of authority.

1340. Joint report to Congress; consultation and coordination of

implementation, enforcement, and departmental activities;

studies.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 43 section 1901.

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16 USC Sec. 1331 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1331. Congressional findings and declaration of policy

-STATUTE-

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 in the

area where presently found, as an integral part of the natural

system of the public lands.

-SOURCE-

(Pub. L. 92-195, Sec. 1, Dec. 15, 1971, 85 Stat. 649.)

-MISC1-

SHORT TITLE

Pub. L. 92-195, Dec. 15, 1971, 85 Stat. 649, which enacted this

chapter, is popularly known as the ''Wild Free-Roaming Horses and

Burros Act''.

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16 USC Sec. 1332 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1332. Definitions

-STATUTE-

As used in this chapter -

(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,

which does not exceed their known territorial limits, 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; and

(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

(1) which have been removed from an area by the Secretary

pursuant to applicable law or, (2) which must be removed from an

area in order to preserve and maintain a thriving natural

ecological balance and multiple-use relationship in that area.

-SOURCE-

(Pub. L. 92-195, Sec. 2, Dec. 15, 1971, 85 Stat. 649; Pub. L.

95-514, Sec. 14(b), Oct. 25, 1978, 92 Stat. 1810.)

-MISC1-

AMENDMENTS

1978 - Subsec. (f). Pub. L. 95-514 added subsec. (f).

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16 USC Sec. 1333 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1333. Powers and duties of Secretary

-STATUTE-

(a) Jurisdiction; management; ranges; ecological balance

objectives; scientific recommendations; forage allocation

adjustments

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

chapter. The Secretary is authorized and directed to protect and

manage wild free-roaming horses and burros as components of the

public lands, and he may 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 wherein any such range is proposed and with the Advisory

Board established in section 1337 of this title deems such action

desirable. The Secretary shall 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. He shall

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 1337 of this title. All management

activities shall be at the minimal feasible level and shall be

carried out in consultation with the wildlife agency of the State

wherein such lands are located in order to protect the natural

ecological balance of all wildlife species which inhabit such

lands, particularly endangered wildlife species. Any adjustments

in forage allocations on any such lands shall take into

consideration the needs of other wildlife species which inhabit

such lands.

(b) Inventory and determinations; consultation; overpopulation;

research study: submittal to Congress

(1) The Secretary shall maintain a current inventory of wild

free-roaming horses and burros on given areas of the public lands.

The purpose of such inventory shall be to: make determinations as

to whether and where an overpopulation exists and whether action

should be taken to remove excess animals; determine appropriate

management levels of wild free-roaming horses and burros on these

areas of the public lands; and 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). In making such

determinations the Secretary shall consult with the United States

Fish and Wildlife Service, wildlife agencies of the State or States

wherein wild free-roaming horses and burros are located, such

individuals independent of Federal and State government as have

been recommended by the National Academy of Sciences, and such

other individuals whom he determines have scientific expertise and

special knowledge of wild horse and burro protection, wildlife

management and animal husbandry as related to rangeland management.

(2) Where the Secretary determines on the basis of (i) the

current inventory of lands within his jurisdiction; (ii)

information contained in any land use planning completed pursuant

to section 1712 of title 43; (iii) information contained in court

ordered environmental impact statements as defined in section 1902

of title 43; and (iv) such additional information as becomes

available to him from time to time, including that information

developed in the research study mandated by this section, or in the

absence of the information contained in (i-iv) above on the basis

of all information currently available to him, that an

overpopulation exists on a given area of the public lands and that

action is necessary to remove excess animals, he shall immediately

remove excess animals from the range so as to achieve appropriate

management levels. Such action shall be taken, in the following

order and priority, until all excess animals have been removed so

as to restore a thriving natural ecological balance to the range,

and protect the range from the deterioration associated with

overpopulation:

(A) The Secretary shall order old, sick, or lame animals to be

destroyed in the most humane manner possible;

(B) The Secretary shall cause such number of additional excess

wild free-roaming horses and burros to be humanely captured and

removed for private maintenance and care for which he determines

an adoption demand exists by qualified individuals, and for which

he determines he can assure humane treatment and care (including

proper transportation, feeding, and handling): Provided, That,

not more than four animals may be adopted per year by any

individual unless the Secretary determines in writing that such

individual is capable of humanely caring for more than four

animals, including the transportation of such animals by the

adopting party; and

(C) The Secretary shall cause additional excess wild

free-roaming horses and burros for which an adoption demand by

qualified individuals does not exist to be destroyed in the most

humane and cost efficient manner possible.

(3) For the purpose of furthering knowledge of wild horse and

burro population dynamics and their interrelationship with

wildlife, forage and water resources, and assisting him in making

his determination as to what constitutes excess animals, the

Secretary shall contract for a research study of such animals with

such individuals independent of Federal and State government as may

be recommended by the National Academy of Sciences for having

scientific expertise and special knowledge of wild horse and burro

protection, wildlife management and animal husbandry as related to

rangeland management. The terms and outline of such research study

shall be determined by a research design panel to be appointed by

the President of the National Academy of Sciences. Such study shall

be completed and submitted by the Secretary to the Senate and House

of Representatives on or before January 1, 1983.

(c) Title of transferee to limited number of excess animals adopted

for requisite period

Where excess animals have been transferred to a qualified

individual for adoption and private maintenance pursuant to this

chapter and the Secretary determines that such individual has

provided humane conditions, treatment and care for such animal or

animals for a period of one year, the Secretary is authorized upon

application by the transferee to grant title to not more than four

animals to the transferee at the end of the one-year period.

(d) Loss of status as wild free-roaming horses and burros;

exclusion from coverage

Wild free-roaming horses and burros or their remains shall lose

their status as wild free-roaming horses or burros and shall no

longer be considered as falling within the purview of this chapter

-

(1) upon passage of title pursuant to subsection (c) of this

section except for the limitation of subsection (c)(1) (FOOTNOTE

1) of this section; or

(FOOTNOTE 1) So in original. Probably should be subsection

''(c)''.

(2) if they have been transferred for private maintenance or

adoption pursuant to this chapter and die of natural causes

before passage of title; or

(3) upon destruction by the Secretary or his designee pursuant

to subsection (b) of this section; or

(4) if they die of natural causes on the public lands or on

private lands where maintained thereon pursuant to section 1334

of this title and disposal is authorized by the Secretary or his

designee; or

(5) upon destruction or death for purposes of or incident to

the program authorized in this section; Provided, That no wild

free-roaming horse or burro or its remains may be sold or

transferred for consideration for processing into commercial

products.

-SOURCE-

(Pub. L. 92-195, Sec. 3, Dec. 15, 1971, 85 Stat. 649; Pub. L.

95-514, Sec. 14(a), Oct. 25, 1978, 92 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

Section 1902 of title 43, referred to in subsec. (b)(2), was in

the original ''section 2 of the Public Range Lands Improvement Act

of 1978'' (classified to 43 U.S.C. 1901) and was changed to reflect

the probable intent of Congress.

-MISC2-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-514 substituted provisions for:

maintaining current inventory of wild free-roaming horses and

burros; listing the purpose of the inventory and determinations to

be made in consultation with persons of scientific expertise and

special knowledge; immediate removal of excess animals from the

range on the basis of information from various sources so as to

achieve appropriate management levels; order and priority of

removal; and research study to be reported to Congress for prior

authorization of humane destruction of old, sick, or lame animals

and capture and removal of additional excess animals for private

maintenance under humane conditions and care, now incorporated in

subsec. (b)(2)(A) and (B).

Subsec. (c). Pub. L. 95-514 substituted provision for grant of

title to limited number of excess animals adopted for requisite

period for prior authorization of humane destruction of wild

free-roaming horses and burros as an act of mercy or to prevent

overpopulation only when necessary to preserve and maintain the

habitat in a suitable condition for continued use.

Subsec. (d). Pub. L. 95-514 substituted provisions relating to

circumstances and conditions operating to take wild free-roaming

horses and burros or their remains from the purview of this chapter

for prior declaration that nothing in the chapter shall preclude

the customary disposal of the remains of a deceased wild

free-roaming horse or burro, including those in the authorized

possession of private parties, and prohibition of sale for any

consideration, directly or indirectly, of the remains, or any part

thereof, now incorporated in cl. (5).

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

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16 USC Sec. 1334 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1334. Private maintenance; numerical approximation; strays on

private lands: removal; destruction by agents

-STATUTE-

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 marshall or agent of the Secretary, who shall

arrange to have the animals removed. In no event shall such wild

free-roaming horses and burros be destroyed except by the agents of

the Secretary. 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.

-SOURCE-

(Pub. L. 92-195, Sec. 4, Dec. 15, 1971, 85 Stat. 650.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1333, 1338 of this title.

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16 USC Sec. 1335 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1335. Recovery rights

-STATUTE-

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.

-SOURCE-

(Pub. L. 92-195, Sec. 5, Dec. 15, 1971, 85 Stat. 650.)

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16 USC Sec. 1336 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1336. Cooperative agreements; regulations

-STATUTE-

The Secretary is authorized to enter into cooperative agreements

with other landowners 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 chapter.

-SOURCE-

(Pub. L. 92-195, Sec. 6, Dec. 15, 1971, 85 Stat. 650.)

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16 USC Sec. 1337 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1337. Joint advisory board; appointment; membership;

functions; qualifications; reimbursement limitation

-STATUTE-

The Secretary of the Interior and the Secretary of Agriculture

are authorized and directed to appoint a joint advisory board of

not more than nine 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 whom they deem to

have special knowledge about protection of horses and burros,

management of wildlife, animal husbandry, or natural resources

management. Members of the board shall not receive reimbursement

except for travel and other expenditures necessary in connection

with their services.

-SOURCE-

(Pub. L. 92-195, Sec. 7, Dec. 15, 1971, 85 Stat. 650.)

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1333 of this title.

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16 USC Sec. 1338 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1338. Criminal provisions

-STATUTE-

(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) processes or permits to be processed into commercial

products the remains of a 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

1334 of this title, or the remains thereof, or

(6) willfully violates a regulation issued pursuant to this

chapter,

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 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

of title 18.

(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 chapter 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

chapter or regulations made pursuant thereto. Any judge of a court

established under the laws of the United States, or any United

States magistrate judge may, within his respective jurisdiction,

upon proper oath or affirmation showing probable cause, issue

warrants, in all such cases.

-SOURCE-

(Pub. L. 92-195, Sec. 8, Dec. 15, 1971, 85 Stat. 650; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' and ''magistrate judge''

substituted for ''United States magistrate'' and ''magistrate'',

respectively, in text pursuant to section 321 of Pub. L. 101-650,

set out as a note under section 631 of Title 28, Judiciary and

Judicial Procedure.

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16 USC Sec. 1338a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1338a. Transportation of captured animals; procedures and

prohibitions applicable

-STATUTE-

In administering this chapter, the Secretary may use or contract

for the use of helicopters or, for the purpose of transporting

captured animals, motor vehicles. 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. The provisions of section 47(a) of title 18 shall not

be applicable to such use. Such use shall be in accordance with

humane procedures prescribed by the Secretary. Nothing in this

chapter shall be deemed to limit the authority of the Secretary in

the management of units of the National Park System, and the

Secretary may, without regard either to the provisions of this

chapter, or the provisions of section 47(a) of title 18, use motor

vehicles, fixed-wing aircraft, or helicopters, or to contract for

such use, in furtherance of the management of the National Park

System, and section 47(a) of title 18 shall be applicable to such

use.

-SOURCE-

(Pub. L. 92-195, Sec. 9, as added Pub. L. 94-579, title IV, Sec.

404, Oct. 21, 1976, 90 Stat. 2775; amended Pub. L. 104-333, div.

I, title VIII, Sec. 803(a), Nov. 12, 1996, 110 Stat. 4186.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in last sentence, was in the original

''this title'', and was translated as reading ''this Act'', meaning

the Wild Free-Roaming Horses and Burros Act which enacted this

chapter, to reflect the probable intent of Congress, because that

Act does not contain titles.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-333 inserted at end ''Nothing in this chapter

shall be deemed to limit the authority of the Secretary in the

management of units of the National Park System, and the Secretary

may, without regard either to the provisions of this chapter, or

the provisions of section 47(a) of title 18, use motor vehicles,

fixed-wing aircraft, or helicopters, or to contract for such use,

in furtherance of the management of the National Park System, and

section 47(a) of title 18 shall be applicable to such use.''

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16 USC Sec. 1339 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1339. Limitation of authority

-STATUTE-

Nothing in this chapter shall be construed to authorize the

Secretary to relocate wild free-roaming horses or burros to areas

of the public lands where they do not presently exist.

-SOURCE-

(Pub. L. 92-195, Sec. 10, formerly Sec. 9, Dec. 15, 1971, 85 Stat.

651, renumbered Pub. L. 94-579, title IV, Sec. 404, Oct. 21, 1976,

90 Stat. 2775.)

-CITE-

16 USC Sec. 1340 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND

CONTROL

-HEAD-

Sec. 1340. Joint report to Congress; consultation and coordination

of implementation, enforcement, and departmental activities;

studies

-STATUTE-

After the expiration of thirty calendar months following December

15, 1971, 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 chapter, including a

summary of enforcement and/or other actions taken thereunder,

costs, and such recommendations for legislative or other actions as

he might deem appropriate.

The Secretary of the Interior and the Secretary of Agriculture

shall consult with respect to the implementation and enforcement of

this chapter and to the maximum feasible extent coordinate the

activities of their respective departments and in the

implementation and enforcement of this chapter. 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 chapter.

-SOURCE-

(Pub. L. 92-195, Sec. 11, formerly Sec. 10, Dec. 15, 1971, 85 Stat.

651, renumbered Pub. L. 94-579, title IV, Sec. 404, Oct. 21, 1976,

90 Stat. 2775.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of this

section relating to the Secretaries of the Interior and Agriculture

submitting a joint report to Congress every twenty-four months on

the administration of this chapter, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 147 of House Document No. 103-7.

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