16 U.S.C. § 1336 — Cooperative agreements; regulations

Page 1761 TITLE 16—CONSERVATION § 1338 the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1334. Private maintenance; numerical approxi- mation; strays on private lands: removal; de- struction 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 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 con- strued 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 pro- tects 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 pri- vate lands or lands leased from the Government shall notify the appropriate agent of the Sec- retary and supply him with a reasonable ap- proximation of the number of animals so main- tained. (Pub. L. 92–195, § 4, Dec. 15, 1971, 85 Stat. 650.) § 1335. Recovery rights A person claiming ownership of a horse or burro on the public lands shall be entitled to re- cover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found. (Pub. L. 92–195, § 5, Dec. 15, 1971, 85 Stat. 650.) § 1336. Cooperative agreements; regulations The Secretary is authorized to enter into co- operative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems nec- essary for the furtherance of the purposes of this chapter. (Pub. L. 92–195, § 6, Dec. 15, 1971, 85 Stat. 650.) Statutory Notes and Related Subsidiaries CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING FACILITIES Pub. L. 112–74, div. E, title I, § 114, Dec. 23, 2011, 125 Stat. 1009, provided that: ‘‘(a) Notwithstanding any other provision of this Act [div. E of Pub. L. 112–74, see Tables for classification], the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administra- tive Services Act of 1949 ([former] 41 U.S.C. 254c) [see 41 U.S.C. 3903] (except that the 5-year term restriction in subsection (d) [see 41 U.S.C. 3903(a)] shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or en- tities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to re- newal at the discretion of the Secretary. ‘‘(b) During fiscal year 2012 and subsequent fiscal years, in carrying out work involving cooperation with any State or political subdivision thereof, the Bureau of Land Management may record obligations against accounts receivable from any such entities.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. E, title I, § 108, Mar. 9, 2024, 138 Stat. 246. Pub. L. 117–328, div. G, title I, § 108, Dec. 29, 2022, 136 Stat. 4786. Pub. L. 117–103, div. G, title I, § 108, Mar. 15, 2022, 136 Stat. 375. Pub. L. 116–260, div. G, title I, § 108, Dec. 27, 2020, 134 Stat. 1504. Pub. L. 116–94, div. D, title I, § 108, Dec. 20, 2019, 133 Stat. 2712. Pub. L. 116–6, div. E, title I, § 109, Feb. 15, 2019, 133 Stat. 231. Pub. L. 115–141, div. G, title I, § 109, Mar. 23, 2018, 132 Stat. 659. Pub. L. 115–31, div. G, title I, § 109, May 5, 2017, 131 Stat. 460. Pub. L. 114–113, div. G, title I, § 109, Dec. 18, 2015, 129 Stat. 2549. Pub. L. 113–235, div. F, title I, § 110, Dec. 16, 2014, 128 Stat. 2419. Pub. L. 113–76, div. G, title I, § 111, Jan. 17, 2014, 128 Stat. 312. § 1337. Joint advisory board; appointment; mem- bership; functions; qualifications; reimburse- ment limitation The Secretary of the Interior and the Sec- retary of Agriculture are authorized and di- rected 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 Govern- ments and whom they deem to have special knowledge about protection of horses and bur- ros, management of wildlife, animal husbandry, or natural resources management. Members of the board shall not receive reimbursement ex- cept for travel and other expenditures necessary in connection with their services. (Pub. L. 92–195, § 7, Dec. 15, 1971, 85 Stat. 650.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1338. 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 Sec- retary, 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 harass- ment of any wild free-roaming horse or burro, or