[Senate Report 109-154]
[From the U.S. Government Publishing Office]
Calendar No. 246
109th Congress Report
SENATE
1st Session 109-154
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CAPE LOOKOUT NATIONAL SEASHORE FREE-ROAMING HORSE LAW AMENDMENT
_______
October 19, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 126]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 126) 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, reports favorably thereon without amendment and
recommends that the Act do pass.
Purpose of the Measure
The purpose of H.R. 126 is to amend the enabling
legislation for Cape Lookout National Seashore in North
Carolina to increase the number of free-roaming horses
permitted within the park boundaries.
Background and Need
Cape Lookout National Seashore stretches along 56 miles of
the Outer Banks of North Carolina, running from Ocracoke Inlet
on the northeast to Beaufort Inlet on the southeast. The park
includes three undeveloped barrier islands--North Core Banks,
South Core Banks and Shackleford Banks. A herd of wild horses,
known as the ``Shackleford Ponies,'' resides on the Shackelford
Banks. They are decedants of domestic horses left on the island
after residents abandoned it late in the 19th century.
In 1998 Congress enacted legislation (Public Law 105-229)
which directed the National Park Service to enter into an
agreement with the Foundation for Shackleford Horses, Inc., a
non-profit organization, to provide for the management of the
wild horses living within the national seashore. The purpose of
the 1998 law was to ensure that a viable population of free
roaming horses remained within the park. The management plan at
the park preserves the herd's wild lifestyle and allows
visitors to see the horses in their natural state. Human
contact, socialization, and intervention are strictly limited.
In the wild, the horse population would grow and either the
herd's territory would expand or grazing would be compromised.
Because these are not viable alternatives, the Park Service and
the Foundation periodically remove selected horses for adoption
and use immunocontraceptive (birth control) drugs on others.
Genetics and herd lineage scientists help identify suitable
candidates and the herd is periodically reviewed for
population, structure and health. Adoptions are handled by the
Foundation according to a strict screening process. The short-
duration contraceptive drug, given to mares, inhibits
fertilization but does not affect current pregnancies or
behavior. Thus, pregnancies can be limited and the population
will remain at a reasonable level.
The 1998 law required the park to maintain a free-roaming
horse population of between 100 and 110 horses. H.R. 126
increases the number of free roaming horses the Secretary of
the Interior is required to permit in Cape Lookout National
Seashore to 110, with a target population of between 120 and
130. The need to set a target population for the herd is
necessary to ensure genetic viability and habitat integrity for
the continued health of the horses and the island.
Legislative History
H.R. 126 was introduced by Representative Jones on January
4, 2005, and passed the House of Representatives by a voice
vote on March 14, 2005.
Similar legislation, H.R. 2055, was introduced by
Representative Jones in the 108th Congress. That bill passed
the House of Representatives by a voice vote on June 14, 2004.
The Subcommittee on National Parks held a hearing on the
measure on September 21, 2004, although no further action
occurred in the Senate.
The Subcommittee on National Parks held a hearing on H.R.
126 on April 28, 2005, (S. Hrg. 109-74). At its business
meeting on September 28, 2005, the Committee on Energy and
Natural Resources ordered H.R. 126 favorably reported without
amendment.
Committee Recommendations
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 126 as
described herein.
Section-by-Section Analysis
Section 1(a) amends section 5 of Public Law 89-366 to
increase the population of free-roaming horses at Cape Lookout
National Seashore to a minimum of 110 horses, with a target
population of between 120 and 130 horses. The section adds a
new requirement that the Secretary not remove or assist in the
removal of free-roaming horses from the national seashore
unless removal is carried out as part of a plan to maintain the
viability of the herd. Finally, the subsection amends paragraph
(b)(5) of section 5, which clarifies that the Secretary is not
required to replace horses in the national seashore where the
population falls below a minimum threshold as a result of
natural causes. The amendment increases that minimum threshold
from 100 to 110 horses. While the amendments made by this
section establish minimum and target free-roaming horse
populations, the Committee does not intend that they supersede
the National Park Service's obligation to manage the national
seashore in accordance with applicable law, including the
National Park Service Organic Act of 1916. The Committee
intends that allowable adjustments to the herd population be
accomplished in a manner that retains the viability of the herd
while protecting other park resources, consistent with
applicable law and the national seashore's general management
plan.
Subsection (b) repeals a duplicate section.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 126--An act 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. 126 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.
H.R. 126 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.
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. 126. 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. 126, as ordered reported.
Executive Communications
The views of the administration on H.R. 126 were included
in testimony received by the Committee at a hearing on the bill
on April 28, 2005 as follows:
Statement of Michael Soukup, Associate Director, Natural Resource
Stewardship and Science, National Park Service, Department of the
Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on H.R. 126, a bill to
adjust the number of free-roaming horses within Cape Lookout
National Seashore.
The Department supports H.R. 126, with an amendment
regarding the population range of the horses that incorporates
recommendations from a panel of scientists and others
interested in the Shackleford Banks. This bill passed the House
on March 14, 2005. The Department testified before the House
Subcommittee on National Parks and the Senate Subcommittee on
National Parks in the 108th Congress in support of an identical
bill, H.R. 2055.
The Department is strongly committed to conserving,
protecting, and maintaining a representative number of horses
on the Shackleford Banks portion of the Seashore, as Congress
has directed. The Department believes that the number of horses
on Shackleford Banks should be determined by the ecology of the
island and with a strong focus on means that protect the
genetic viability of the Shackleford Banks horses. Without this
legislation, NPS would manage this herd consistent with P.L.
105-229 that provides for a herd of 100 free-roaming horses.
H.R. 126 amends P.L. 89-366 by changing the number of free-
roaming horses at Cape Lookout National Seashore from 100, to
not less than 110, and establishes a target population of
between 120 and 130 horses. The bill also changes one of the
criteria that the Secretary of the Interior may use to remove
free-roaming horses from the Seashore, allowing removal as part
of a plan to maintain viability of the herd.
Congress established Cape Lookout National Seashore
(Seashore) on March 10, 1966. Encompassing more than 28,000
acres of land and water about 3 miles off the mainland coast,
the Seashore protects one of the few remaining natural barrier
island systems in the world with excellent opportunities for
fishing, shellfishing, hunting, beachcombing, hiking, swimming,
and camping in a wild and remote setting.
The enabling legislation for the Seashore did not address
the issue of free-roaming wild horses on Shackleford Banks.
Public comments on the Seashore's 1982 Draft General Management
Plan demonstrated widespread concern about, and interest in,
the future of the horses on Shackleford Banks. The Final
General Management Plan stated that a representative number of
horses would remain on Shackleford Banks after the privately
owned land on the island was purchased by the United States.
In 1996, following a series of public meetings, as well as
discussions with scientists and professional managers of wild
horse herds, the Seashore developed an Environmental Assessment
(EA) with alternatives for managing the Shackleford Banks horse
herd. The plan proposed to maintain a representative herd of
horses by using a combination of contraceptive drugs and
periodic roundups and removal of horses.
On November 11, 1996, the National Park Service (NPS), with
assistance from state veterinarians from the North Carolina
Department of Agriculture, initiated a roundup of the
Shackleford horses. State law required testing the horses for
Equine Infectious Anemia (EIA). Out of the 184 horses on the
island, 76 tested positive for EIA and were removed to the
mainland for temporary quarantine. On the advice of the North
Carolina Department of Agriculture, these horses were
euthanized.
In December 1996, the NPS established the Shackleford Banks
Horse Council, representing a wide variety of interests and
stakeholders, as a working committee to assist the park with
plans for managing horses. In 1997, a second roundup and
testing program was conducted on the Shackleford horses. Of the
103 horses on the island, five tested positive for EIA. By this
time, the Foundation for Shackleford Horses, Inc. 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.
On August 13, 1998, Congress passed P.L. 105-229, ``An Act
To Ensure Maintenance of a Herd of Wild Horses in Cape Lookout
National Seashore.'' This act directed the NPS to maintain a
herd of 100 free roaming horses and to enter into an agreement
with the Foundation for Shackleford Horses, Inc. or another
qualified nonprofit entity, to provide for the management of
free-roaming horses in the Seashore. In April 1999, a
Memorandum of Understanding with the Foundation for Shackleford
Horses, Inc. was signed.
Public Law 105-229 requires an annual Findings Report that
provides the public with information regarding the population,
structure, and health of the horses on Shackleford Banks.
Research, monitoring and record-keeping, with the goal of
informed decisions for removal and immunocontraception, is
ongoing, as is consultation with internationally recognized
advisors in the fields of equine behavior, genetics, virology,
immunocontraception, management, humane issues, and island
ecology. The NPS continues to work with the Foundation under
the MOU and management decisions regarding the horses are
reached jointly with the Foundation and with the advice of
scientists.
On October 29 and 30, 2002, the NPS hosted a roundtable
meeting with the aim of reaching a consensus on the free-
roaming horse population range and the strategy for achieving
that range. Participants included the Seashore Superintendent
and staff, staff from Representative Jones' office, and
representatives from the Foundation for Shackleford Horses,
Inc. Three leading scientists considered experts in their
respective fields also participated: Dr. Dan Rubenstein of
Princeton University, Dr. Gus Cothran of the University of
Kentucky, and (by telephone) Dr. Jay Kirkpatrick of ZooMontana.
Included in the discussion was the value of occasional herd
expansion to maintain genetic variability in the population.
The conclusion reached was that the population should be
allowed to fluctuate between 110-130 individuals. The
methodology of conducting removal and contraception toward this
goal was also discussed and agreed upon. The range of 110 to
130 horses is based on sound science and provides the
population changes, which are necessary for maintaining the
genetic viability of the herd.
Based upon the October roundtable discussion, we recommend
an amendment to the bill that is attached to this testimony. We
believe that this amendment will more clearly reflect the need
to allow the population bloom necessary for maintaining the
genetic viability of the herd.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions you or other members of the
subcommittee may have.
SUGGESTED AMENDMENT, H.R. 126
On page 2, line 9-10, delete ``with a target population of
between 120 and 130'' and insert, ``allowing periodic
population expansion of the herd to a maximum of 130 horses''.
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
H. R. 126, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Public Law 89-366, as Amended
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 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 purpose of this Act.
(b)(1) The Secretary, in accordance with this subsection,
shall allow a herd of [100 free roaming horses] 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).
(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]
(B) unless removal is carried out as part of a plan to
maintain the viability of the herd;
(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] 110 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.