118 STAT. 3071 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(e) SALE OF EXCESS ANIMALS.— ‘‘(1) IN GENERAL.—Any excess animal or the remains of an 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 Manage ment 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(a)(4)) is amended by inserting ‘‘except as pro vided in section 3(e),’’ before ‘‘processes’’. SEC. 143. (a) SHORT TITLE.—This section may be cited as the ‘‘Migratory Bird Treaty Reform Act of 2004’’. (b) EXCLUSION OF NON NATIVE SPECIES FROM APPLICATION OF CERTAIN PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.—Sec tion 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended— (1) in the first sentence by striking ‘‘That unless and except as permitted’’ and inserting the following: ‘‘(a) IN GENERAL.— Unless and except as permitted’’; and (2) by adding at the end the following: ‘‘(b) LIMITATION ON APPLICATION TO INTRODUCED SPECIES.— ‘‘(1) IN GENERAL.—This Act applies only to migratory bird species that are native to the United States or its territories. ‘‘(2) NATIVE TO THE UNITED STATES DEFINED.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this subsection the term ‘native to the United States or its territories’ means occurring in the United States or its territories as the result of natural biological or ecological processes. ‘‘(B) TREATMENT OF INTRODUCED SPECIES.—For pur poses of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human assisted introduction shall not be considered native to the United States or its territories unless— ‘‘(i) it was native to the United States or its terri tories and extant in 1918; Migratory Bird Treaty Reform Act of 2004. 16 USC 710 note.
�
