[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Page S443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3175. Mr. BURR (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL 
                   WILDLIFE REFUGE.

       (a) Agreement Required.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') 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 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 fewer than 110 and not more than 
     130 free-roaming wild horses in and around the 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 that refuge threatens the 
     survival of an endangered species for which that land is 
     designated as critical habitat under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.);
       (2) the 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 the 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 creates 
     liability for the United States for any damage caused by the 
     free-roaming wild horses to any person or property located 
     inside or outside the boundaries of the Currituck National 
     Wildlife Refuge.
                                 ______