[Senate Report 105-115]
[From the U.S. Government Publishing Office]
Calendar No. 229
105th Congress Report
SENATE
1st Session 105-115
_______________________________________________________________________
SHACKLEFORD BANKS WILD HORSES PROTECTION ACT
_______
October 28, 1997.--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. 765]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 765) to ensure maintenance of a herd of
wild horses in Cape Lookout National Seashore, having
considered the same, reports favorably thereon with an
amendment and recommends that the Act, 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. 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
(Public Law 89-366; 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 Cape Lookout National Seashore
(hereinafter referred to as 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 non-profit corporation established under the laws
of the State of North Carolina), or another qualified non-profit
entity, to provide for management of free roaming horses in the
seashore. The agreement shall--
``(A) provide for cost-effective management of the horses
while ensuring that natural resources within the seashore are
not adversely impacted; and
``(B) allow the authorized entity to adopt any of those
horses that the Secretary removes from the seashore.
``(3) The Secretary shall not remove, assist in, or permit the
removal of any free-roaming horses from Federal lands within the
boundaries of the seashore--
``(A) unless the entity with whom the Secretary has entered
into the agreement under paragraph (2), following notice and a
90-day response period, fails to meet the terms and conditions
of the agreement; or
``(B) unless the number of free-roaming horses on Federal
lands within Cape Lookout National Seashore exceeds 110; or
``(C) except in the case of an emergency, or to protect
public health and safety.
``(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.''.
Purpose of the Measure
The purpose of H.R. 765 is to ensure maintenance of a herd
of wild horses in Cape Lookout National Seashore, and for other
purposes.
Background and Need
Cape Lookout National Seashore was authorized March 10,
1966. The National Seashore, with its headquarters at Harkers
Island, North Carolina, stretches approximately 55 miles along
the Outer Banks from Beaumont Inlet in the south to Ocracoke
Inlet at its northernmost reach. The Seashore encompasses
approximately 28,243 acres, of which 25,173 acres are Federal
and the remaining 3,069 are non-Federal.
Horses have inhabited the Core Banks of North Carolina,
including the area within the National Seashore for between 100
and 300 years. When the National Seashore was established in
1966, there were approximately 100 wild horses on the barrier
island. There were also free-roaming cattle, sheep and goats. A
Park Service study in 1978 noted 108 horses, 89 cattle, 144
sheep, and 121 goats. In 1981, a NPS-funded resource study
concluded that removal of the feral cattle, sheep and goats
would restore native vegetation on the island. As a result, all
other livestock was removed from the National Seashore in 1986,
leaving a herd of 90 to 100 wild horses. The 1982 general
management plan for the Seashore provided for the maintenance
of a representative free-roaming herd of horses and reflected
public input gathered in the late 1970's.
In 1995, the Park Service initiated an environmental
assessment to determine alternatives for managing the wild
horse herd. In February 1996, the Service selected an
alternative that required rounding up the horses and
eliminating those from the herd that tested positive for equine
infectious anemia and for the continued maintenance of 50 to 60
animals in the herd. This decision resulted in the round-up of
185 wild horses in November, 1996. Because there were no state-
approved quarantine horse farms available to receive and care
for the infected horses, 76 animals carrying equine anemia
virus were euthanized.
Equine infectious anemia is a viral disease found in horses
for which there is no vaccine or cure. The large horsefly is
the primary vector for the disease. However, the virus does not
live long within the horsefly carrier. For the disease to
spread through insect bites, animals must be within close
proximity of each other. This is why quarantine measures are
successful for horses that survive the milder forms of the
disease. Clinical signs range from fever, depression, no
appetite and death for seriously ill horses; to weight loss,
swelling and anemia in lesser cases. Approximately one third of
horses with the acute form die within one month.
During the week of March 10, 1997, a second round-up and
testing program was conducted. During this round-up, 103 horses
were gathered and tested. Of that number, 5 tested positive for
equine anemia. The Foundation for Shackleford Horses had by
this time developed a state-approved quarantine site and the
horses were transferred there. The Park Service is developing a
Memorandum of Understanding with the Foundation to cooperate in
the management of the horses. In the meantime the two entities
are cooperating under the terms of a special use permit issued
to the Foundation.
The Park Service established the Shackleford Banks Horse
Council in December 1996 in an effort to capture the view of
the wider public. The Council was developed to organize the
input of the various stakeholders in the community with an
interest in the horses and to assist the Service in the
development of horse management policy at the Seashore.
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 National Park Service
varies from park to park. At Assateague Island National
Seashore, Maryland and at Cumberland Island National Seashore
in Georgia, the Park Service actively manages wild horse herds.
Currently, the management policy of the Park Service
administered areas is to remove or actively manage herd size if
environmental assessments conclude native vegetation is
impacted.
Legislative History
H.R. 765 was introduced by Congressman Walter B. Jones, Jr.
on September 3, 1997 (NC). On July 22, 1997, H.R. 765 passed
the House of Representatives by a recorded vote of 416 to 6.
The Subcommittee on National Parks, Historic Preservation
and Recreation held a hearing on H.R. 765 on October 1, 1997.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on October 22, 1997, by a unanimous voice vote
of a quorum present, recommends that the Senate pass H.R. 765,
if amended as described herein.
Committee Amendment
During the consideration of H.R. 765, the Committee adopted
an amendment in the nature of a substitute, which would have
the effect of ensuring the National Park Service and a non-
profit cooperative horse-management entity manage the herd of
free-roaming horses so as not to adversely impact park
resources and would have the additional effect of removing an
absolute minimum number of horses in the herd (which was 100
animals in the original language). The amendment further
conforms the provisions to similar legislation reported by the
Committee and passed in the 104th Congress.
Section-by-Section Analysis
Section 1 entitles the bill the ``Shackleford Banks Wild
Horses Protection Act''.
Section 2 amends 16 U.S.C. 459g-4 by adding ``(a)'' to
section 5 and by adding at the end of section 5 a subsection
(b) within the five following paragraphs:
Subsection (b)(1) directs that the Secretary of the
Interior (Secretary) shall allow a herd of free-roaming horses
within the Cape Lookout National Seashore (National Seashore).
Paragraph (b)(2) directs the Secretary to enter into an
agreement with the Foundation for Shackleford Horses
(Foundation) or other qualified non-profit entity within 180
days of enactment to provide cost effective cooperative
management of the wild horses while ensuring natural resources
within the National Seashore are not adversely impacted by the
horses, and to allow the non-profit entity authorization to
adopt any of the horses removed from the national seashore.
Paragraph (b)(3) directs the Secretary not to remove any
horses, permit or assist in their removal from Federal lands
within the national seashore unless the non-profit entity in
paragraph (b)(2) after notice and a 90 day period fails to meet
the terms of the agreement in paragraph (b)(2); or unless the
number of free-roaming horses within the national seashore
exceeds 110 animals; or except in cases of emergency or threats
to public health and safety.
Paragraph (b)(4) directs the Secretary to perform annual
monitoring, assessment and to make available to the public his
findings regarding the population structure and health of the
free-roaming herd of wild horses at the national seashore.
Paragraph (b)(5) states that nothing in this subsection
shall create liability for the United States for any damages to
property that might be caused by Cape Lookout National
Seashore's free-roaming horses, whether those damages to
property are within or outside the boundaries of the national
seashore.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time this report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 765. 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. 765, as ordered reported.
Executive Communications
On October 24, 1997, 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. 765. These
reports had not been received at the time the report on H.R.
765 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 of the
Department of the Interior at the Subcommittee hearing follows:
Statement of Maureen Finnerty, Associate Director for Park Operations
and Education, National Park Service, Department of the Interior
Mr. Chairman, it is a pleasure to appear before this
subcommittee to present the Department's views on H.R. 765.
This bill is intended to ensure maintenance of a herd of not
less than 100 feral horses in Cape Lookout National Seashore.
The bill also would prohibit the removal of any horses unless
their numbers exceeded 110 and would require the Secretary to
enter into an agreement with the Foundation for Shackleford
Horses, Inc. to provide for the management of the horses.
We support enactment of H.R. 765 with two suggested
modifications discussed below.
The National Park Service is committed to maintaining a
representative population of free-roaming horses on Shackleford
Banks. We intend to have a herd that is genetically viable at a
population level that will minimize adverse impacts on the
natural resources of the barrier island.
In fact, there is currently a management program at Cape
Lookout NS that has the same purpose as this bill--to ensure a
permanent population of free-roaming horses on Shackleford
Banks. The program provides for the removal and public adoption
of surplus horses through the Foundation for Shackleford
Horses, Inc. (Foundation) and permits a horse management
partnership between the non-profit Foundation and the National
Park Service.
H.R. 765 addresses a specific resource management decision
that park managers make daily. Park superintendents make these
decisions based on a myriad of interrelated factors, including
the mission of the park; the best available scientific
information; input from local, state, and national interests;
the policies of the National Park Service; and other
considerations too numerous to list here. Although we continue
to believe that such decisions are best made at the individual
park level due to their complexity, we are willing to support
this legislation because it has the same broad objectives as
our current management program. We do have, however, the
following suggested modifications, (1) that the requirement for
keeping a specific herd level be removed, and (2) any adverse
impact that the horses might have on the natural resources of
the Seashore be considered.
The enabling legislation for Cape Lookout National Seashore
did not foresee the issue of free-roaming feral horses on
Shackleford Banks. Through public input to our General
Management Plan in the late 1970s, we recognized the public
concern and interest in the horses. Accordingly, in our 1982
General Management Plan, we stated that we intend to maintain a
representative herd of free-roaming horses on Shackleford
Banks. We have reaffirmed that commitment in responses to
Congressional inquiries, letters to State and local elected
officials, special interest groups, and the general public. We
have also confirmed that commitment as a preferred alternative
in the Environmental Assessment (EA), which was produced to
specifically address the horse management issues on Shackleford
Banks.
In 1996, following a series of public meetings, discussions
with members from the scientific community, and other
professional managers of feral horse herds, the park developed
a draft EA with alternatives for managing the Shackleford Banks
horse herd. Following additional public meetings, the National
Park Service prepared a final EA and a horse management plan.
The Service's preferred alternative called for a one-time
roundup of horses on the island, removing all but 50 to 60
horses and offering the surplus horses for public adoption.
Immunocontraception would then be used for future population
control. That plan, while acceptable to the general public,
brought very vocal opposition from certain groups who opposed
any management intervention. Some of the opposition was based
on the opinion that these horses were descended from stock off
Spanish ships wrecked along the coast and had roamed the island
for over 400 years without interference and had adapted and
survived in a harsh environment on limited forage and water
supplies.
The National Park Service has recently received a
preliminary report entitled the ``Genetic Analysis of the Cape
Lookout National Seashore Feral Horse Herd'' from Dr. Gus
Cothran at the University of Kentucky, Department of Veterinary
Science. The results of the report are based on 142 blood
samples collected during the roundups conducted at Cape Lookout
National Seashore in the past 11 months. Dr. Cothran was asked
to address the issues of genetic diversity as it relates to
possible inbreeding problems and to determine the genetic
makeup of the herd. He also made recommendations concerning
managing the population size. Dr. Cothran reported that the
``genetic variation within the Shackleford Banks herd is near
the average for horse populations'' and expressed no concern
for inbreeding problems at this time. Measures of genetic
resemblance of the herd showed that the closest resemblance was
to the Welsh Pony followed by the Percehron, Posavina, Cheilean
Criollo, and Belgian Halfblood breeds. Highest mean similarity
to breed groups was with the saddle and light harness breeds
and heavy draft breeds. The statistical analysis provided no
evidence of ancestry with a particular group of horse breeds.
Dr. Cothran indicated some evidence of ``Spanish'' ancestry
based on particular genetic variants found in the herd. One
particular variant indicated that the horses have 4 percent
``old'' Spanish blood. Dr. Cothran summarizes this issue by
stating that there is evidence to support the idea that the
Cape Lookout horses have Old Spanish ancestry, but it is not
possible to quantify this ancestry or to determine how far in
the past the herd was established.
A 1993 report by Dr. Cothran showed that there was evidence
that all the feral horse populations on the Outer Banks of
North Carolina shared a common origin or that there had been
exchange and interbreeding of these island horses at some time
in the past. He states that this evidence for relationship
among the Outer Banks feral horse population has implications
for the management of these populations. This relationship of
Outer Banks feral populations means that individuals from one
population could be introduced into another to maintain genetic
variability.
Based on the current information, Dr. Cothran recommends
the horse herd be maintained with an adult population size of
65 to 90 horses. When reductions are necessary, removals should
focus on very young individuals and older horses that are no
longer reproductively fit. He states that the smaller
population size could be maintained for a time, but the
population should be allowed to expand periodically.
The health of the horse herd is unknown at this time.
Veterinarians from the North Carolina Department of Agriculture
Veterinary Division, who conducted the recent roundups for the
Service, observed that except for the stud horses, which were
in reasonably good health, the remaining herd could best be
categorized as in fair to poor condition. They noted the herd
was generally stunted in growth and had short life spans. This
suggests a poor diet and probably a heavy internal and external
parasitic load. A young colt that died in February 1997 was
necropsied and found to have died from malnutrition although
there was fresh grass in its stomach. A heavy parasite load
contributed to its condition.
On November 11, 1996, state veterinarians from the North
Carolina Department of Agriculture, through a Memorandum of
Agreement with the National Park Service, initiated a roundup
of the Shackleford horses. The original plan was to round up
the island horses, remove them to a stockyard on the mainland,
test them for Equine Infectious Anemia (EIA) and euthanize
infected horses. The rest of the herd would be retested for EIA
after 60 days. If the herd was clean, surplus horses would be
offered for adoption and the remainder of the herd returned to
Shackleford Banks. Because the issue became controversial, the
plan was modified by securing all the blood samples while the
horses were corralled on Shackleford Banks rather than moving
the horses to the mainland. The Service also agreed to increase
the island resident population of horses from the original
proposal of 50-60 to between 75-100 horses as an initial level
until the genetic diversity of the herd could be established
and the carrying capacity of the range studied. The state
veterinarians also agreed to consider a quarantine site on the
mainland if such a site could be identified in a timely manner.
Based on information developed by an independent
researcher, we had anticipated a herd population of 220 to 230
horses, but found only 184. Of this number, 76 horses tested
positive for EIA and were removed to the mainland for temporary
quarantine. The Foundation had offered to take EIA positive
horses and quarantine them for life. The Service had agreed to
transfer the horses to the foundation if it could secure a site
that met State of North Carolina Veterinary Division
requirements. When no site was found, the EIA positive horses
were euthanized and disposed of in an approved landfill. The
108 EIA negative horses were released to the island.
Realizing the park would need professional services and
public support for a long-term horse management program, in
December 1996 the National Park Service established the
Shackleford Banks Horse Council as a working committee to
assist the park with plans for managing the horses. A wide
variety of interests and stakeholders are represented on the
council. I will be glad to provide a list of members of the
record. The council has met five times and has initiated action
on reviewing a number of broad issues regarding the management
of the horse herd. In August, the Service advised the council
that it would have to withdraw from the committee's work
because of a possible conflict of interest with the Federal
Advisory Committee Act. The council has decided to continue,
even without Service participation.
During the week of March 10, 1997, a second roundup and
testing program was conducted on Shackleford horses. The
Service rounded up 103 horses. Five horses from the first
roundup apparently died over the winter. Of the 103 horses,
five horses tested positive for EIA. By this time, the
Foundation had secured a state-approved quarantine site and the
five EIA positive horses were transferred to it. In the
transfer document, the Foundation and the Service committed to
develop a long-term Memorandum of Agreement (MOA) to cooperate
in the management of the Shackleford Banks horses. On an
interim basis, the Service issued a special use permit to the
Foundation to allow it to assist with the management of the
herd. Since the House hearing on the bill last April, the
National Park Service has been meeting with the Foundation to
develop a Memorandum of Agreement for the management of the
horses on Shackleford Banks. Several discussions and exchanges
of a draft MOA have occurred, but no agreement has been reached
to date.
The Service has demonstrated a commitment to maintaining a
permanent horse herd at Cape Lookout National Seashore. The
Service has demonstrated its commitment to involve the local
community, local and State Governments, the private sector, the
Foundation, and the professional community, in caring for the
long-term needs of these horses. Since the studies that have
been completed to date suggest a range within which a viable
herd population can be maintained, we believe it is more
appropriate to eliminate the requirement for a specific number
of horses to be kept at the Seashore. This will allow the Park
Service and the Foundation to continue to manage a herd while
allowing for the uncertainty of natural processes which might
develop. This will enable the Park Service to continue
monitoring of the herd, to assess additional scientific
information that may be discovered about the herd, and to take
into consideration other natural conditions that may affect the
viability of the herd population.
Mr. Chairman, that concludes my prepared remarks. I will be
glad to answer any questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 765, 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 5 OF THE ACT OF MARCH 10, 1966
AN ACT To provide for the establishment of 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 administered and
supervised by the Secretary through the National Park Service
and such statutory authorities otherwise available to him for
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 Cape Lookout
National Seashore (hereinafter referred to as 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 non-profit corporation established under
the laws of the State of North Carolina), or another qualified
non-profit entity, to provide for management of free roaming
horses in the seashore. The agreement shall--
(A) provide for cost-effective management of the
horses while ensuring that natural resources within the
seashore are not adversely impacted; and
(B) allow the authorized entity to adopt any of those
horses that the Secretary removes from the seashore.
(3) The Secretary shall not remove, assist in, or permit
the removal of any free-roaming horses from Federal lands
within the boundaries of the seashore--
(A) unless the entity with whom the Secretary has
entered into the agreement under paragraph (2),
following notice and a 90-day response period, fails to
meet the terms and conditions of the agreement; or
(B) unless the number of free-roaming horses on
Federal lands within Cape Lookout National Seashore
exceeds 110; or
(C) except in the case of an emergency, or to protect
public health and safety.
(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.