[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.]