[House Report 105-179]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-179
_______________________________________________________________________


 
              SHACKLEFORD BANKS WILD HORSES PROTECTION ACT

                                _______
                                

 July 14, 1997.--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

                        [To accompany H.R. 765]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 765) to ensure maintenance of a herd of wild horses in 
Cape Lookout National Seashore, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 765 is to ensure the maintenance of a 
herd of wild horses in Cape Lookout National Seashore, North 
Carolina.

                  Background and Need for Legislation

    H.R. 765 amends the establishing legislation for the Cape 
Lookout National Seashore (CALO) to direct the Secretary of the 
Interior to permit 100 to 110 wild horses to remain on CALO and 
be managed cooperatively between the National Park Service 
(NPS) and the non-profit foundation, the Foundation for 
Shackleford Horses.
    Horses have inhabited the Core Banks of North Carolina, 
including CALO, for over 300 years. When CALO was established 
in 1966 there were approximately 100 wild horses roaming the 
island, along with cattle, sheep, and goats. In 1978, a NPS 
survey recorded 108 horses, 89 cattle, 144 sheep, and 121 goats 
at CALO. In 1981, a NPS funded ecological resources study 
concluded that removal of the feral cattle, sheep, and goats 
would restore native vegetation on the island. Subsequently, in 
1986, all other livestock was removed from CALO, leaving a herd 
of 90-100 wild horses. In 1995, the NPS initiated an 
environmental assessment at CALO to determine management 
alternatives for the wild horse herd. In February 1996, the NPS 
selected an alternative that required the round-up of all the 
wild horses, elimination of all horses carrying the equine 
infectious anemia (EIA), and maintenance of a 50-60 horse herd. 
This decision resulted in the November 1996 round-up of 185 
wild horses, and the destruction of 76 carrying the EIA virus. 
Following a second NPS round-up in March 1997, several more 
horses were destroyed. At the present time, there are 103 
healthy wild horses in the herd at CALO.
    Wild horses have become an emotional national issue since 
the passage of the Free Roaming Wild Horse and Burro Act of 
1971. Feral horse management within the NPS has been 
inconsistent. At Assateague Island National Seashore, Maryland, 
and at Cumberland Island National Seashore, Georgia, the NPS 
actively manages wild horse herds of more than 100 animals. In 
1996, Congress prohibited the NPS from removing all feral 
horses from the Ozark National Scenic Riverways, Missouri. 
Currently, the management policy of the NPS requires removal of 
all exotic (non-native) animals from NPS administered areas if 
environmental assessments conclude vegetation is impacted. 
There is no consideration for the cultural resource value of 
wild horse herds. Because of this existing NPS policy, and the 
previously documented inconsistency in which it is 
administered, the only way to assure protection and survival of 
a viable wild horse herd at CALO is to mandate that the 100-110 
animal herd, which has historically roamed the island, be 
maintained.

                            Committee Action

    H.R. 765 was introduced on February 13, 1997, by 
Congressman Walter B. Jones, Jr. (R-NC). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On April 10, 
1997, the Subcommittee held a hearing on H.R. 765. On May 8, 
1997, the Subcommittee met to mark up H.R. 765. No amendments 
were offered and the bill was ordered favorably reported to the 
Full Committee by voice vote. On June 25, 1997, the Full 
Resources Committee met to consider H.R. 765. No amendments 
were offered, and H.R. 765 was ordered favorably reported to 
the House of Representatives by voice vote.

            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.

                   Constitutional Authority Statement

    Article IV, section 3 and Article I, section 8 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 765.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 765. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     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. 
765 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. 765.
    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. 765 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 8, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 765, the 
Shackleford Banks Wild Horses Protection Act.
    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.
    Enclosure.

H.R. 765--Shackleford Banks Wild Horses Protection Act

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 765 would increase federal 
costs by about $50,000 annually. H.R. 765 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. The bill contains no private-sector 
or intergovernmental mandates as defined in the Unfunded 
Mandates Reform Act of 1995 and would have no impact on the 
budgets of state, local, or tribal governments.
    H.R. 765 would require the National Park Service (NPS) to 
maintain an existing herd of wild horses at Cape Lookout 
National Seashore, North Carolina. In addition, the bill would 
direct the NPS to:
          Maintain the herd at a population of between 100 and 
        110 animals (which is between 35 and 50 more animals 
        than the agency would likely keep under current 
        policies),
          Monitor the herd annually to assess the population 
        structure and health of the horses (and make its 
        findings available to the public), and
          Enter into an agreement with the Founder for 
        Shackleford Horses, a local nonprofit group, that would 
        provide for cost-effective management of the herd and 
        would allow the foundation to adopt any horses that may 
        be removed from the seashore.
    Finally, the bill would prohibit the NPS from removing (or 
allowing the removal of) any horses from the seashore unless 
(1) the population of the herd exceeds 110, (2) the results of 
monitoring indicate reasons to be concerned about the viability 
of the herd, or (3) there is an emergency or threat to public 
health and safety.
    Based on information obtained from the NPS, it appears that 
most of the activities mandated by this legislation are already 
underway or would occur in the near future under existing law. 
The Shackleford Foundation is now the process of reviewing an 
NPS-drafted Memorandum of Understanding under which the local 
group would assist in managing and monitoring the herd 
(although less intensively than under the bill) and would adopt 
any horses that must be removed from the seashore. Because H.R. 
765 would require the NPS to maintain a larger herd and perform 
more comprehensive monitoring and assessment than current plans 
call for, CBO estimates that implementing the bill would cost 
about twice as much as the $50,000 that the agency would need 
under any agreement that it would execute under existing 
authority.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 765 contains no unfunded mandates.

         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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                 SECTION 5 OF THE ACT OF MARCH 10, 1966

 AN ACT To provide for the establishment of the Cape Lookout National 
    Seashore in the State of North Carolina, and for other purposes

          * * * * * * *
    Sec. 5. (a) The Secretary shall administer the Cape Lookout 
National Seashore for the general purposes of public outdoor 
recreation, including conservation of natural features 
contributing to public enjoyment. In the administration of the 
seashore and the administrative site, the Secretary may utilize 
such statutory authorities relating to areas administrated and 
supervised by the Secretary through the National Park Service 
and such statutory authorities otherwise available to him for 
the conservation and management of natural resources as he 
deems appropriate to carry out the purposes of this Act.
    (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 this 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 States for any damages caused 
by the free roaming horses to property located inside or 
outside the boundaries of the seashore.

                                
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