[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
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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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