[Congressional Record Volume 143, Number 104 (Tuesday, July 22, 1997)]
[House]
[Pages H5501-H5503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SHACKLEFORD BANKS WILD HORSES PROTECTION ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 765) to ensure maintenance of a herd of wild horses in Cape 
Lookout National Seashore.
  The Clerk read as follows:

                                H.R. 765

       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 ``Shackleford Banks Wild 
     Horses Protection Act''.

     SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL 
                   SEASHORE.

       Section 5 of the Act entitled ``An Act to provide for the 
     establishment of the Cape Lookout National Seashore in the 
     State of North Carolina, and for other purposes'', approved 
     March 10, 1966 (16 U.S.C. 459g-4), is amended by inserting 
     ``(a)'' after ``Sec. 5.'', and by adding at the end the 
     following new subsection:
       ``(b)(1) The Secretary, in accordance with this subsection, 
     shall allow a herd of free roaming horses in the seashore.
       ``(2) Within 180 days after enactment of this subsection, 
     the Secretary shall enter into an agreement with the 
     Foundation for Shackleford Horses (a nonprofit corporation 
     established under the laws of the State of North Carolina) to 
     provide for management of free roaming horses in the 
     seashore. The agreement shall--
       ``(A) provide for cost-effective management of the horses; 
     and
       ``(B) allow the Foundation to adopt any of those horses 
     that the Secretary removes from the seashore.
       ``(3)(A) The Secretary shall accommodate the historic 
     population level of the free roaming horse herd in the 
     seashore, which shall be considered to be not less than 100 
     horses and not more than 110 horses.
       ``(B) The Secretary may not remove, or assist in or permit 
     the removal of, any free roaming horses from Federal lands 
     within the boundaries of the seashore unless--
       ``(i) the number of free roaming horses in the seashore 
     exceeds 110;
       ``(ii) there is an emergency or a need to protect public 
     health and safety, as defined in the agreement under 
     paragraph (2); or
       ``(iii) there is concern for the persistence and viability 
     of the horse population that is cited in the most recent 
     findings of annual monitoring of the horses under paragraph 
     (4).
       ``(4) The Secretary shall annually monitor, assess, and 
     make available to the public findings regarding the 
     population structure and health of the free roaming horses in 
     the national seashore.
       ``(5) Nothing in this subsection shall be construed as 
     creating liability for the United

[[Page H5502]]

     States for any damages caused by the free roaming horses to 
     property located inside or outside the boundaries of the 
     seashore.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] and the gentleman from American Samoa [Mr. 
Faleomavaega] each will control 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 765 was introduced by the gentleman from North 
Carolina [Mr. Jones] to ensure the maintenance of a herd of wild horses 
in Cape Lookout National Seashore, North Carolina. This bill is 
entitled ``The Shackleford Banks Wild Horses Protection Act.'' H.R. 765 
would amend section 5 of the establishment act for Cape Lookout 
National Seashore to require the Secretary of the Interior to manage a 
herd of free-roaming wild horses on the island under agreement with the 
Foundation for Shackleford Horses, a nonprofit corporation established 
under the laws of North Carolina.
  Specifically, Mr. Speaker, the bill mandates that the National Park 
Service maintain a population of 100 to 110 wild horses at the 
seashore. The National Park Service has an inconsistent policy in 
managing wild horses. This bill assures that a healthy survivable herd 
will remain at the seashore, which has historically existed at a 100-
horse level. These wild horses have been on the Outer Banks of North 
Carolina for over 300 years, but the National Park Service will not 
recognize their cultural value.
  Mr. Speaker, I wish to compliment my colleague, the gentleman from 
North Carolina [Mr. Jones], for his diligence in moving H.R. 765 to the 
House floor. He was persuasive in the Subcommittee on National Parks 
and Public Lands, and also in the full Committee on Resources to 
express the concerns his North Carolina constituents have for the wild 
horses of the Shackleford Banks.
  These wild roaming horses truly are a cultural resource that is 
important not only to North Carolina but to the entire Nation. H.R. 765 
protects the wild roaming horses in Cape Lookout National Seashore. I 
strongly urge my colleagues in the House to support this worthwhile 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 765 introduced by my colleague, the gentleman from 
North Carolina [Mr. Jones], requires the National Park Service to 
maintain a herd of wild horses on Shackleford Banks in Cape Lookout 
National Seashore. I recognize and appreciate my good friend's deep 
personal interest in this matter, as well as the concern this issue has 
generated in the local community. As such, I am supporting the bill in 
the House today. I must note for the record that the administration has 
strong concerns and objections to the bill which are also shared by the 
National Parks and Conservation Association, a park advocacy group.
  Mr. Speaker, H.R. 765 has been very specific in management directives 
for the National Park Service, right down to specifying that the number 
of wild horses that must be maintained at the National Seashore be no 
less than 100 and no more than 110. That detailed a number may well 
cause some significant management problems, I am sure. We do not know 
the genetic diversity of this herd, nor the carrying capacity of the 
small barrier island on which they live. In fact, a report on the 
genetic diversity of the horses is due by sometime next month. We would 
do well to have better scientific information as we consider this 
legislation.
  Part of the problem here, Mr. Speaker, is that the National Park 
Service waited for years to develop a management plan to deal with 
these horses. The National Park Service's handling of this matter has 
also raised concerns within the local community. I understand that the 
Foundation for Shackleford Horses, a local group, is currently 
reviewing a draft memorandum of understanding between the National Park 
Service and the foundation that will address many of the issues that 
H.R. 765 now involves. This I hope will be a positive step.
  It seems to me that a great deal of time and effort has been spent by 
the National Park Service and others in this matter. Perhaps from these 
efforts scientific and management processes could be made to work 
cooperatively, and before this bill is sent to the President we would 
have a product that all parties could support. This legislation also 
has the full support of the Governor of North Carolina.
  Mr. Speaker, I support the legislation of the gentleman from North 
Carolina, with the hope that we will try to iron out some of the 
difficulties or provisions of the bill before it is sent to the White 
House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, it is a pleasure for me to yield such time 
as he may consume to the gentleman from North Carolina [Mr. Jones], the 
chief sponsor of this piece of legislation, who has done such an 
outstanding job on it.
  Mr. JONES. Mr. Speaker, I would like to thank the chairman and 
ranking member of the subcommittee for their time and support in 
helping to secure passage of H.R. 765, the Shackleford Banks Wild 
Horses Protection Act.
  As the chairman mentioned, H.R. 765 simply requires the National Park 
Service to maintain a representative herd of wild horses on Shackleford 
Banks, a part of the Cape Lookout National Seashore. These horses have 
been roaming free for over 300 years, much like their descendents, the 
Spanish mustangs which swam ashore after Spanish galleons wrecked off 
the North Carolina coast centuries ago.
  As one can imagine, these horses have become a permanent part of 
North Carolina's heritage. Generation after generation of 
schoolchildren have been taught about these horses and their unique 
story. Some time ago the Park Service ignored the cultural importance 
of these horses and began initiating a management plan to reduce the 
size of the herd. I was amazed at the arrogance of the Park Service in 
its inability to work with local citizens for the best interests of the 
community and the region.
  After witnessing the behavior and track record of the Park Service, I 
introduced H.R. 765 out of a concern for the health and the future of 
the Shackleford Banks wild horses. This legislation requires the Park 
Service to maintain a herd of not less than 100 horses and not more 
than 110 horses, a number determined by sound science, not unelected 
bureaucrats.
  The numbers were reached in consultation with Dr. Dan Rubenstein, a 
professor of biology at Princeton University who has been studying 
these horses for more than 14 years. Also, a genetic scientist working 
in consultation with the Park Service also believes the herd should 
consist of at least 100 horses. The numbers are consistent with the 
number of horses that were on the island when the Park Service assumed 
ownership of the land back in the 1970's.
  This legislation, as mentioned before, is strongly supported by North 
Carolina's Democratic Governor, Jim Hunt, our Democratic secretary of 
cultural resources, Betty McCain, and numerous local elected officials. 
I have even received petitions signed by schoolchildren across the 
State of North Carolina encouraging passage of this legislation.
  After being part of the effort to save these horses, I believe this 
legislation is the only line of protection between the Park Service's 
intent to manage the vegetation instead of this national treasure.

                              {time}  1430

  I strongly encourage my colleagues to support passage of this 
legislation and the continuation of this historical rich herd, which is 
so important to the State of North Carolina.
  Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?
  Mr. JONES. I yield to the gentleman from American Samoa.
  Mr. FALEOMAVAEGA. Mr. Speaker, I think it is interesting to note that 
in the hearings process, maybe the gentleman will for the record, it is 
my understanding that this issue has been going on now for over 10 
years and that very much the National Park Service was properly 
informed; but yet they sat on this issue for all this time until the 
gentleman practically was forced

[[Page H5503]]

to have to introduce legislation to get them moving. Is that correct?
  Mr. JONES. Mr. Speaker, yes, sir, I appreciate the gentleman's 
question. I tried before this legislation was introduced to reach some 
common ground with the Park Service, and quite frankly I saw no sincere 
interest on their part, I use the word sincere, until I introduced the 
bill.
  Mr. FALEOMAVAEGA. Mr. Speaker, so now they are more sincere than 
ever.
  Mr. JONES. Yes, sir.
  Mr. FALEOMAVAEGA. I thank the gentleman.
  Mr. JONES. Mr. Speaker, I thank the gentleman for his help, too.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
to the gentleman from Georgia [Mr. Kingston].
  Mr. KINGSTON. Mr. Speaker, I too appreciate the gentleman from North 
Carolina for introducing this bill. I think it is very important that 
we recognize that maybe these horses are not indigenous to the island 
but they do add and enhance the beauty and the preservation of it. I 
represent coastal Georgia, and we have Cumberland Island there where 
there is a herd of wild horses. These horses are also of Spanish 
descent.
  The interesting thing about Cumberland Island is that the 
environmental community wants to eliminate the horses. Their reasoning 
is that it is not indigenous. Not all environmentalists feel this way, 
but many of them do. They come up with very specious reasons for doing 
so. We were told last year that the Cumberland horse population had 
been going up 15 percent a year for the last 10 years. Upon researching 
it within our office we found that the horse population on Cumberland 
Island had in fact been in the 250 to 260 range for about 10 years, and 
there was not an increase in the horse population.
  We further found this year after another census was done that the 
horse population had in fact declined. So I think it is very important 
that we recognize that on wild horse populations, many times we are 
arguing not necessarily based on science but based on political 
correctness.
  I believe that the gentleman from North Carolina is doing the right 
thing. Let the folks down there decide. Let them work with the 
biologists, get the emotion of the Park Service who sometimes gets 
involved in the politics on the politically correct politics, which 
says that nonindigenous animals have to go.
  I think that this is a great piece of legislation, and I 
enthusiastically support it. I hope the day does not come when we have 
to have similar legislation to protect the wild horses on Cumberland 
Island. Right now they are being protected, but it does take a nudge to 
the Park Service.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore [Mr. Snowbarger]. The question is on the 
motion offered by the gentleman from Utah [Mr. Hansen] that the House 
suspend the rules and pass the bill, H.R. 765.
  The question was taken.
  Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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