[House Report 104-296]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-296
_______________________________________________________________________


 
       FREE-ROAMING HORSES IN THE OZARK NATIONAL SCENIC RIVERWAYS

                                _______


October 30, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 238]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 238) to provide for the protection of wild horses within 
the Ozark National Scenic Riverways and prohibit the removal of 
such horses, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. FREE-ROAMING HORSES.

    Section 7 of the Act entitled ``An Act to provide for the 
establishment of the Ozark National Scenic Riverways in the State of 
Missouri, and for other purposes'', approved August 27, 1964 (16 U.S.C. 
460m-6), is amended to read follows:
    ``Sec. 7. (a) The Secretary, in accordance with this section, shall 
allow free-roaming horses in the Ozark National Scenic Riverways. 
Within 180 days after enactment of this section, the Secretary shall 
enter into an agreement with the Missouri Wild Horse League or another 
qualified nonprofit entity to provide for management of free-roaming 
horses. The agreement shall provide for cost-effective management of 
the horses and limit Federal expenditures to the costs of monitoring 
the agreement. The Secretary shall issue permits for adequate pastures 
to accommodate the historic population level of the free-roaming horse 
herd, which shall be not less than the number of horses in existence on 
the date of the enactment of this section nor more than 50.
    ``(b) The Secretary may not remove, or assist in or permit the 
removal of, any free-roaming horses from Federal lands within the 
boundary of the Ozark National Scenic Riverways unless the entity with 
whom the Secretary entered into the agreement under subsection (a), 
following notice and a 180-day response period, substantially fails to 
meet the terms and conditions of the agreement or in the case of an 
emergency as defined in the agreement.
    ``(c) Nothing in this section shall be construed as creating 
additional liability for the United States for any damages caused by 
the free-roaming horses to property located inside or outside the 
boundaries of the Ozark National Scenic Riverways.''.

                          Purpose of the Bill

    The purpose of H.R. 238 is to provide for continuation of a 
population of free-roaming horses at Ozark National Scenic 
Riverways.

                  Background and Need for legislation

    Wild horses have inhabited this portion of Missouri for at 
least 50 years and were certainly present in 1964 when Ozark 
National Scenic Riverways was authorized. The number of horses 
has remained relatively constant in recent years at about 20 
animals ranging over an area of 20-30,000 acres both inside and 
outside of the park.
    The National Park Service (NPS) took no action to manage 
the horses for nearly 25 years after the park was authorized. 
In 1990, the NPS began a program to remove all horses. Due to 
substantial public opposition, the NPS decided to complete an 
environmental assessment on the project, after which the agency 
determined that removal was necessary.
    When the NPS again initiated removal efforts, local 
citizens sued. Eventually the appellate court ruled that it was 
within the discretion of the agency to remove the horses. While 
the NPS has temporarily ceased their removal efforts, absent 
legislative relief, those efforts could begin again any time.
    There is no question that feral horse populations can have 
substantial impacts on natural resources. Such has certainly 
been the case in many parts of the West. However, the NPS has 
not documented any significant resource damage at this park due 
to grazing by feral horses.
    NPS policies do call for elimination of non-native plants 
and animals to the extent practicable. However, there are at 
least six different NPS areas where wild or feral horses are 
managed by the agency as a natural resource. The NPS has not 
made a case as to why they are advocating a different policy 
for this park.

                            Committee Action

    H.R. 238 was introduced on January 4, 1995, by Mr. Emerson. 
The bill was referred to the Committee on Resources, and within 
the Committee to the Subcommittee on National Parks, Forests 
and Lands. On May 18, 1995, the Subcommittee held a hearing on 
H.R. 238. On July 18, 1995, the Subcommittee met to mark up 
H.R. 238. An amendment in the nature of a substitute was 
offered by Mr. Hansen, and adopted by voice vote. The bill was 
then ordered favorably reported to the Full Committee in the 
presence of a quorum. On August 2, 1995, the Full Resources 
Committee met to consider H.R. 238. An en bloc amendment which 
made technical changes and clarified the liability of the 
Federal Government was offered by Mr. Richardson, and adopted 
by voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives, in the presence of a 
quorum.

                      Section-by-Section Analysis

    Section 1: This bill amends the law establishing Ozark 
National Scenic Riverways in the State of Missouri to direct 
the National Park Service (NPS) to manage an existing herd of 
free-roaming horses on Federal lands. The bill directs the NPS 
to enter into an agreement with the Missouri Wild Horse League 
to allow the League to carry out the management of the horses, 
and to issue a permit which provides adequate land for 
pasturing up to 50 horses. The NPS may not remove the horses 
except in case of an emergency, or if the Missouri Wild Horse 
League substantially fails to carry out the terms of its 
agreement with the NPS.
    The Committee recognizes that the horses move between 
public and private lands with limited restrictions. The 
Committee also understands that while there is broad general 
supply for continuation of the horse population, there is 
potential for these animals to cause impacts to private 
property adjacent to the park.
    An amendment was adopted by the Resources Committee which 
clarifies that this legislation will have no impact on the 
current level of liability of the Federal Government for any 
activities of the horses either on lands inside or outside of 
the park. By the addition of language limiting the liability of 
the Federal Government, it is not the intent of the Committee 
to require private property owners to accept increased 
liability for any potential damages caused by the horses. These 
horses are not regulated under any state law, except with 
respect of infectious diseases. The Committee expects that any 
entity entering into an agreement with the NPS to manage the 
horses shall be liable for any impacts from these horses on 
private property.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 238 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
238 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 238.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 238 
from the Director of the Congressional Budget Office.

               congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 26, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 238, a bill to provide for the protection of wild 
horses within the Ozark National Scenic Riverways and prohibit 
the removal of such horses, as ordered reported by the House 
Committee on Resources on August 2, 1995. We estimate that 
enacting this bill would have no significant impact on the 
federal budget and no impact on those of state or local 
governments. H.R. 238 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    H.R. 238 would prohibit the National Park Service from 
removing or allowing the removal of wild horses from federal 
lands within the Ozark National Scenic Riverways. The bill 
would direct the NPS to enter into an agreement with a 
nonprofit group to provide for management of the horses at no 
cost to the federal government other than expenses related to 
monitoring the agreement. We expect that those expenses would 
not be significant.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                      James L. Blum
                                   (For June E. O'Neill, Director.)

                          Departmental Reports

    The Committee has received no reports on H.R. 238.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                SECTION 7 OF THE ACT OF AUGUST 27, 1964

 AN ACT To provide for the establishment of the Ozark National Scenic 
       Riverways in the State of Missouri, and for other purposes

    [Sec. 7. (a) There is hereby established an Ozark National 
Scenic Riverways Commission. The Commission shall cease to 
exist ten years after the date of establishment of the area 
pursuant to section 4 of this Act.
    [(b) The Commission shall be composed of seven members each 
appointed for a term of two years by the Secretary as follows:
          [(1) Four members to be appointed from 
        recommendations made by the members of the county court 
        in each of the counties in which the Ozark National 
        Scenic Riverways is situated (Carter, Dent, Shannon, 
        and Texas), one member from the recommendations made by 
        each such court;
          [(2) Two members to be appointed from recommendations 
        of the Governor of the State of Missouri; and
          [(3) One member to be designated by the Secretary.
    [(c) The Secretary shall designate one member to be 
chairman. Any vacancy in the Commission shall be filled in the 
same manner in which the original appointment was made.
    [(d) A member of the Commission shall serve without 
compensation. The Secretary shall reimburse members of the 
Commission for travel, subsistence, and other necessary 
expenses incurred by them in the performance of the duties 
vested in the Commission.
    [(e) The Secretary or his designee shall from time to time 
consult with the members of the Commission with respect to 
matters relating to the development of the Ozark National 
Scenic Riverways, and shall consult with the members with 
respect to carrying out the provisions of this Act.
    [(f) It shall be the duty of the Commission to render 
advice to the Secretary from time to time upon matters which 
the Secretary may refer to it for its consideration.]
    Sec. 7. (a) The Secretary, in accordance with this section, 
shall allow free-roaming horses in the Ozark National Scenic 
Riverways. Within 180 days after enactment of this section, the 
Secretary shall enter into an agreement with the Missouri Wild 
Horse League or another qualified nonprofit entity to provide 
for management of free-roaming horses. The agreement shall 
provide for cost-effective management of horses and limit 
Federal expenditures to the costs of monitoring the agreement. 
The Secretary shall issue permits for adequate pastures to 
accommodate the historic population level of the free-roaming 
horse herd, which shall be not less than the number of horses 
in existence on the date of the enactment of this section nor 
more than 50.
    (b) The Secretary may not remove, or assist in or permit 
the removal of, any free-roaming horses from Federal lands 
within the boundary of the Ozark National Scenic Riverways 
unless the entity with whom the Secretary entered into the 
agreement under subsection (a), following notice and a 180-day 
response period, substantially fails to meet the terms and 
conditions of the agreement or in the case of an emergency as 
defined in the agreement.
    (c) Nothing in this section shall be construed as creating 
additional liability for the United States for any damages 
caused by the free-roaming horses to property located inside or 
outside the boundaries of the Ozark National Scenic Riverways.
                             MINORITY VIEWS

    The Democratic Committee Members are concerned about the 
welfare of the horses if it becomes necessary to remove them 
from the Ozark National Scenic Riverways area. The Members 
expect that if such removal is imminent, arrangements be made 
to ensure that the horses are not transferred or sold for 
slaughter or to a feed lot for fattening for slaughter. Should 
the Secretary find it necessary to remove any horse from the 
area, a report should be submitted to the Committee on 
Resources within 30 days of such removal explaining why the 
horses were removed and where they were transferred.

                                   Bill Richardson.
                                   Bruce F. Vento.
                                   Sam Gejdenson.
                                   Dale E. Kildee.
                                   Eni Faleomavaega.
                                   Nick Rahall.
                                   Frank Pallone, Jr.
                                   Robert A. Underwood.
                                   Pat Williams.