[Senate Report 104-312]
[From the U.S. Government Publishing Office]
Calendar No. 487
104th Congress Report
SENATE
2d Session 104-312
_______________________________________________________________________
FREE-ROAMING HORSES IN THE OZARK NATIONAL SCENIC RIVERWAYS
_______
June 28, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 238]
The Committee on Energy and Natural Resources, to which was
referred the Act (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, reports favorably thereon with an amendment and
recommends that the Act, as amended, do pass.
The amendment is as follows:
On page 2, strike lines 18 through 25, and insert in lieu
thereof the following:
``(b) The Secretary shall not remove, assist in, or permit
the removal of any free-roaming horses from Federal lands
within the boundary of the Ozark National Scenic Riverways
unless--
``(1) the entity with whom the Secretary has entered
into the agreement under subsection (a), following
notice and a 90-day response period, fails to meet the
terms and conditions of the agreement; or
``(2) the number of free-roaming horses on Federal
lands within the Ozark National Scenic Riverways
exceeds 50; or
``(3) in the case of an emergency, or to protect
public health and safety.''
Purpose of the Measure
The purpose of H.R. 238 is to provide for the protection of
free-roaming horses at Ozark National Scenic Riverways.
Background and Need
Wild horses have inhabited the Missouri Ozarks for at least
40 years and were certainly present in 1964 when Ozark National
Scenic Riverways was authorized as a unit of the National Park
System. Historians speculate that the feral horses were
introduced into the area by the local residents in the 1940's.
The size of the herd has fluctuated over the years and
currently numbers between 15 and 22, 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 prepared 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 court of appeals court ruled that
it was within the discretion of the agency to remove the
horses. While the NPS has temporarily ceased its removal
efforts, absent legislation, the removal program can be
reinstated at the discretion of the NPS.
The NPS maintains that allowing feral horses to range
uncontrolled at Ozark National Scenic Riverways is contrary to
the purposes of the park. This is but one of a number of exotic
species issues with which the NPS is dealing in park areas
across the United States. A few examples where the NPS has been
very active in removing exotic species from parks include
burros from Grand Canyon, Bandelier, and Death Valley; pigs
from Great Smoky Mountains, Hawaii Volcanoes and Haleakela; and
goats from Haleakela and Hawaii Volcanoes. While the Wild Free-
Roaming Horses and Burros Act of 1971 gives special status to
horses on western public land, NPS lands were specifically
excluded from that Act.
As ordered reported, H.R. 238 would prohibit the NPS from
removing the horses except in the case of an emergency, if the
local citizens group fails to meet the terms of an agreement
with the NPS for the management of the horses, or if the number
of horses at the Scenic Riverway exceeds 50.
Legislative History
Representative Emerson introduced H.R. 238 on January 4,
1995. The bill passed the House by voice vote on November 7,
1995 and was referred to the Senate on November 8, 1995.
Similar legislation, S. 796, was introduced in the Senate
by Senators Bond and Ashcroft. A hearing on both bills was held
by the Senate Subcommittee for Parks, Historic Preservation and
Recreation on March 7, 1996.
At the business meeting on June 19, 1996, the Committee on
Energy and Natural Resources ordered H.R. 238 favorably
reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 19, 1996, by a unanimous voice vote of
a quorum present, recommends that the Senate pass H.R. 238 if
amended as described herein.
Committee Amendments
During the consideration of H.R. 238, the Committee adopted
clarifying and conforming amendments. The amendment makes clear
that the free-roaming horse population within the park is
limited to no more than 50 horses. The amendment also
authorizes the National Park Service to remove the horses to
protect public health or safety, or in an emergency.
Summary of the Measure
H.R. 238 amends the Ozark National Scenic Riverways
Enabling Act 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, if
the Missouri Wild Horse League substantially fails to meet the
terms of its agreement with the NPS, or if the number of free-
roaming horses at the Scenic Riverway exceeds 50.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 25, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 238, an act 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 Senate
Committee on Energy and Natural Resources on June 19, 1996. We
estimate that enacting this legislation would have no
significant impact on the federal budget. 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 (NPS)
from removing or allowing the removal of wild horses from
federal lands within the Ozark National Scenic Riverways. The
act 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.
H.R. 238 contains no intergovernmental or private-sector
mandates as defined in Public Law 104-4, and would impose no
direct costs on state, local, or tribal governments.
On October 26, 1995, CBO prepared a cost estimate for H.R.
238, as ordered reported by the House Committee on Resources on
August 2, 1995. The two estimates are identical.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 238. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 238, as ordered reported.
Executive Communications
On June 20, 1996, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on H.R. 238. These
reports had not been received at the time the report on H.R.
238 was filed. When these reports become available, the
Chairman will request that they be printed in the Congressional
Record for the advice of the Senate. The testimony provided by
the Department of the Interior at the Subcommittee hearing
follows:
Statement of John J. Reynolds, Deputy Director, National Park
Service, Department of the Interior
Mr. Chairman and members of the committee, thank you
for the opportunity to appear before you today to
discuss the views of the Department of Interior on
bills relating to the management of the National Park
Service (NPS).
S. 796 and H.R. 238, provide for the protection of
wild horses within the Ozark National Scenic Riverways
and prohibit the removal of such horses. The National
Park Service opposes these bills for the reasons
discussed in detail below.
We oppose the enactment of S. 796 and H.R. 238, bills
to provide for the protection of wild horses within the
Ozark National Scenic Riverways and to prohibit the
removal of such horses. These bills would amend Public
Law 88-492, which established the Ozark National Scenic
Riverways. The enabling legislation states, in part,
that the purpose of the park is for ``conserving and
interpreting unique, scenic and other natural values
and objects of historic interest.'' This includes the
sections of two rivers, the associated riparian zone,
and wildlife.
S. 796, if enacted, would change the park's original
purpose by adding ``protection and preservation of
free-roaming horses.'' The bill would further amend
P.L. 88-492 by prohibiting the Secretary from removing,
allowing, or assisting in the removal of any free-
roaming horse from federal lands within the boundaries
of the Ozark National Scenic Riverways (ONSR), except
in the case of medical emergency or natural disaster.
H.R. 238 requires NPS to ``enter into an agreement
with the Missouri Wild Horse League'' or other entity
to manage the wild horses. The NPS would also have to
issue permits ``for adequate pastures to accommodate''
a herd of not more than 50 horses. This legislation
prohibits the NPS from removing horses unless the
managing entity does not adhere to the terms of their
agreement or in case of ``emergency as defined in the
agreement.'' H.R. 238 also prohibits the United States
from incurring any additional liability as a result of
this agreement for any damages ``to property'' caused
by the horses inside or outside the boundaries of park.
However, this appears to hold the United States liable
for any bodily injury to persons caused by the feral
horses.
We should emphasize at the beginning that these
horses are not wild horses, but feral horses--an animal
that has returned to an untamed state from
domestication--that was introduced by the local
population in the 1940s. Therefore, feral horses are an
exotic species--not native to the area. NPS policy is
to remove exotic species from park units ``whenever an
exotic plant or animal species threatens park resources
or public health and when control is prudent and
feasible.''
We also note that in the state of Missouri domestic
animals are prohibited from running at large. In
addition, the Wild Free-Roaming Horses and Burros Act
of 1971, which gave special status to horses on western
public land, specifically excluded NPS lands from the
Act.
NPS Management Policies based on laws affecting the
Service state that the NPS ``will manage the natural
resources of the National Park System to maintain,
rehabilitate, and perpetuate their inherent
integrity.'' Much of the terrain within ONSR boundaries
where the horses roam is classified as a ``natural
zone'' under the 1984 General Management Plan (GMP).
NPS Management Policies state that ``within natural
zones, natural resources and processes will be
preserved and will remain largely unaltered by human
activity.'' This GMP was developed with public
involvement and the preparation of a draft and final
environmental assessment.
The herd of feral horses does not contribute to any
element of the park's mandate from the enabling
legislation. Although there are visible signs of the
presence of the horses in the areas where they roam,
there have not been any definitive in-depth studies
done to document resource damage. A 1985 Status and
Proposed Management Report by a member of the park
staff states that most of the visual impact was caused
by the horses grazing in fields that have been leased
by the NPS to local farmers. At least one permittee
gave up his lease due to the impact of the horses. The
horses also have caused damage to fields and fences on
property belonging to landowners adjacent to the park.
They are known to frequent springs and wet areas in the
range. Springs are very delicate ecosystems, and the
fact that the horses are attracted to them for water
concentrates the impact on these sensitive areas. The
size of the herd has fluctuated over the years and
currently numbers between 15 and 22. At the present
small population level, substantial impacts have not
been observed. However, if the herd receives protected
status and is allowed to grow, the potential for
serious impact over a greater range is very high. The
NPS had intended to address the feral horse issue
before serious damage occurred, not afterward.
Removal of the horses was proposed, bids were
solicited, and one was accepted. However, in February
1991, citizens concerned about the horses attempted to
stop the NPS from removing feral horses from the ONSR
by filing suit against the Department of the Interior.
The case was tried on June 14, 1991, by the U.S.
District Court in Cape Girardeau, Missouri. On June 17,
1992, the Court issued a permanent injunction to enjoin
the removal of the horses. On August 14, 1992, the
Secretary appealed the case to the U.S. Court of
Appeals for the Eighth Circuit. On June 15, 1993, the
Court of Appeals reversed the judgment of the District
Court, vacating the permanent injunction. The
Plaintiffs then filed a motion for rehearing or
transfer to the Full Court, which was denied on July
28, 1993. The Supreme Court denied Plaintiff's petition
for certiorari on June 1, 1994.
The NPS, under current law, many remove the horses at
any time, but has no immediate plans to do so. The
Missouri Wild Horse League has united to fight the
removal of the horses. The NPS has stated that we are
willing to meet with the League to work out a strategy
for removal of the horses to a suitable place. However,
the League continues to oppose the removal of the
horses from park lands.
Mr. Chairman, we oppose S. 796 and H.R. 238 because,
if enacted, they would amend the original purpose of
the park and would conflict with NPS management
policies, setting a dangerous precedent for park
management. If the horses are allowed to remain, and
increase in number, park resources will be impacted. I
wish to emphasize that we would be pleased to work with
the community to find an amicable solution to the
removal of the feral horses.
This concludes my prepared testimony. We would
welcome the opportunity to work with members of the
Committee on our recommended changes to these bills. At
this time, I will be pleased to respond to any
questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee, changes in
existing law made by the Act H.R. 238, as ordered 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):
``AN ACT To provide for the establishment of the Ozark National Scenic
Riverways in the State of Missouri, and for other purposes'' (16 U.S.C.
460m-6)
[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 or 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 Wild and
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 the 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 shall 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--
``(1) the entity with whom the Secretary entered into
the agreement under subsection (a), following notice
and a 90-day response period, fails to meet the terms
and conditions of the agreement; or
``(2) the number of free-roaming horses on Federal
lands within the Ozark National Scenic Riverways
exceeds 50; or
``(3) in the case of an emergency, or to protect
public health and safety.''
``(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.''.