[House Report 108-298]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-298
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ADJUSTMENT IN THE NUMBER OF FREE ROAMING HORSES PERMITTED IN CAPE
LOOKOUT NATIONAL SEASHORE, NORTH CAROLINA
_______
October 7, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2055]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2055) to amend Public Law 89-366 to allow for an
adjustment in the number of free roaming horses permitted 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. 2055 is to amend Public Law 89-366 to
allow for an adjustment in the number of free roaming horses
permitted in the Cape Lookout National Seashore.
Background and Need for Legislation
Established in 1966, Cape Lookout National Seashore, a 56-
mile long section of the Outer Banks, includes three
undeveloped barrier islands--North Core Banks, South Core
Banks, and Shackleford Banks. The National Parks Service
administers the National Seashore. A herd of free-ranging
horses known as the ``Shackleford herd'' is part of the natural
environment of the Seashore. In 1998 Congress passed
legislation requiring annual reports on the status of the herd,
and in April 1999, a Memorandum of Understanding was signed
between the National Park Service and the Foundation of
Shackleford Horses for joint management of the horses.
In 2002, the Superintendent of the Cape Lookout National
Seashore and the Friends of Shackleford Horses agreed that the
population of the horses should never fall below 110 horses for
sound scientific reasons, such as genetic diversity. H.R. 2055
would adjust the number of free roaming horses permitted in
Cape Lookout National Seashore, North Carolina, from 100 free
roaming horses to not less than 110 free roaming horses with a
target population of between 120 and 130, where 130 horses
shall not be viewed as an absolute maximum. In addition, H.R.
2055 would not permit the removal of the horses unless removal
is carried out as part of a plan to maintain the viability of
the herd.
Committee Action
H.R. 2055 was introduced on May 9, 2003, 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, Recreation and Public Lands. On
June 24, 2003, the Subcommittee held a hearing on the bill. On
September 23, 2003, the Subcommittee met to mark up the bill.
No amendments were offered and the bill was forwarded to the
Full Resources Committee by voice vote. On September 24, 2003,
the Full Resources Committee met to consider the bill. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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 I, section 8, and article IV, section 3, of the
Constitution of the United States grants Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2003.
Hon. Richard W. Pombo,
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. 2055, a bill to
amend Public Law 89-366 to allow for an adjustment in the
number of free-roaming horses permitted in Cape Lookout
National Seashore.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2055--A bill to amend Public Law 89-366 to allow for an adjustment
in the number of free-roaming horses permitted in Cape Lookout
National Seashore
H.R. 2055 would raise the existing ceiling on the number of
free-roaming horses that the National Park Service may maintain
at Cape Lookout National Seashore. Based on information
provided by the agency, CBO estimates that allowing the herd to
increase from the current limit of 100 animals to a maximum of
130 would have no significant effect on the cost of operating
the national seashore.
This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
The bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 5 OF THE ACT OF MARCH 10, 1966
(Public Law 89-366)
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)[(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
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 [100 free roaming horses] not less than
110 free roaming horses, with a target population of between
120 and 130 free roaming horses, in Cape Lookout National
Seashore (hereinafter referred to as the ``seashore''):
Provided, That nothing in this section shall be construed to
preclude the Secretary from implementing or enforcing the
provisions of paragraph (3).
* * * * * * *
(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) * * *
[(B) unless the number of free roaming horses on
Federal lands within Cape Lookout National Seashore
exceeds 110; or]
(B) unless removal is carried out as part of a plan
to maintain the viability of the herd; or
* * * * * * *
(5) Nothing in this subsection shall be construed to require
the Secretary to replace horses or otherwise increase the
number of horses within the boundaries of the seashore where
the herd numbers fall below [100] 110 as a result of natural
causes, including, but not limited to, disease or natural
disasters.
* * * * * * *
[(b)(1) The Secretary, in accordance with this subsection,
shall allow a herd of 100 free roaming horses in Cape Lookout
National Seashore (hereinafter referred to as the
``Seashore''): Provided, That nothing in this section shall be
construed to preclude the Secretary from implementing or
enforcing the provisions of paragraph (3).
[(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), or another qualified
nonprofit 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 to require
the Secretary to replace horses or otherwise increase the
number of horses within the boundaries of the seashore where
the herd numbers fall below 100 as a result of natural causes,
including, but not limited to, disease or natural disasters.
[(6) 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.]