2004 Burns Amendment


(a) IN GENERAL - Section 3 of Public Law 92-195 (16 U.S.C. 1333) is amended —

  • (1) In subsection (d)(5), by striking “this section” and all that follows through the period at the end and inserting “this section.”; and
  • (2) by adding at the end the following:


  • “(1) IN GENERAL. – Any excess animal or the remains of any excess animal shall be sold if –
  • “(A) the excess animal is more than 10 years of age; or
  • “(B) the excess animal has been offered unsuccessfully for adoption at least 3 times.

“(2) METHOD OF SALE. – An excess animal that meets either of the criteria in paragraph

  • (1) shall be made available for sale without limitation, including through auction to the highest bidder, at local sale yards or other convenient livestock selling facilities, until such time as –
  • “(A) all excess animals offered for sale are sold; or
  • “(B) the appropriate management level, as determined by the Secretary, is attained in all areas occupied by wild free-roaming horses and burros.

“(3) DISPOSITION OF FUNDS. – Funds generated from the sale of excess animals under this subsection shall be –

  • “(A) credited as an offsetting collection to the Management of Lands and Resources appropriation for the Bureau of Land Management; and
  • “(B) used for the costs relating to the adoption of wild free-roaming horses and burros, including the costs of marketing such adoption.

“(4) EFFECT OF SALE. – Any excess animal sold under this provision shall no longer be considered to be a wild free-roaming horse or burro for purposes of this Act.”

(b) Criminal Provisions — Section 8(a)(4) of Public Law 92-195 (16 U.S.C. 1338) is amended by inserting “except as provided in Section 3(e),” before “processes.”