[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 306 Reference Change Senate (RCS)]

112th CONGRESS
  2d Session
                                H. R. 306


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2012

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             March 21, 2012

  Committee discharged; referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
 To direct the Secretary of the Interior to enter into an agreement to 
 provide for management of the free-roaming wild horses in and around 
                the Currituck National Wildlife Refuge.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corolla Wild Horses Protection 
Act''.

SEC. 2. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL WILDLIFE 
              REFUGE.

    (a) Agreement Required.--
            (1) In general.--The Secretary of the Interior shall enter 
        into an agreement with the Corolla Wild Horse Fund (a nonprofit 
        corporation established under the laws of the State of North 
        Carolina), the County of Currituck, North Carolina, and the 
        State of North Carolina within 180 days after the date of 
        enactment of this Act to provide for management of free-roaming 
        wild horses in and around the Currituck National Wildlife 
        Refuge.
            (2) Terms.--The agreement shall--
                    (A) allow a herd of not less than 110 and not more 
                than 130 free-roaming wild horses in and around such 
                refuge, with a target population of between 120 and 130 
                free-roaming wild horses;
                    (B) provide for cost-effective management of the 
                horses while ensuring that natural resources within the 
                refuge are not adversely impacted;
                    (C) provide for introduction of a small number of 
                free-roaming wild horses from the herd at Cape Lookout 
                National Seashore as is necessary to maintain the 
                genetic viability of the herd in and around the 
                Currituck National Wildlife Refuge; and
                    (D) specify that the Corolla Wild Horse Fund shall 
                pay the costs associated with--
                            (i) coordinating a periodic census and 
                        inspecting the health of the horses;
                            (ii) maintaining records of the horses 
                        living in the wild and in confinement;
                            (iii) coordinating the removal and 
                        placement of horses and monitoring of any 
                        horses removed from the Currituck County Outer 
                        Banks; and
                            (iv) administering a viable population 
                        control plan for the horses including auctions, 
                        adoptions, contraceptive fertility methods, and 
                        other viable options.
    (b) Conditions for Excluding Wild Horses From Refuge.--The 
Secretary shall not exclude free-roaming wild horses from any portion 
of the Currituck National Wildlife Refuge unless--
            (1) the Secretary finds that the presence of free-roaming 
        wild horses on a portion of the Refuge threatens the survival 
        of an endangered species for which such land is designated as 
        critical habitat under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.);
            (2) such finding is based on a credible peer-reviewed 
        scientific assessment; and
            (3) the Secretary provides a period of public notice and 
        comment on that finding.
    (c) Requirements for Introduction of Horses From Cape Lookout 
National Seashore.--During the effective period of the memorandum of 
understanding between the National Park Service and the Foundation for 
Shackleford Horses, Inc. (a non-profit corporation organized under the 
laws of and doing business in the State of North Carolina) signed in 
2007, no horse may be removed from Cape Lookout National Seashore for 
introduction at Currituck National Wildlife Refuge except--
            (1) with the approval of the Foundation; and
            (2) consistent with the terms of such memorandum (or any 
        successor agreement) and the Management Plan for the 
        Shackleford Banks Horse Herd signed in January 2006 (or any 
        successor management plan).
    (d) No Liability Created.--Nothing in this section shall be 
construed as creating liability for the United States for any damages 
caused by the free-roaming wild horses to any person or property 
located inside or outside the boundaries of the refuge.

            Passed the House of Representatives February 6, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.