[House Report 112-310]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-310
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COROLLA WILD HORSES PROTECTION ACT
_______
December 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 306]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 306) to direct the Secretary of the Interior to
enter into an agreement to provide for management of the free-
roaming wild horses in and around the Currituck National
Wildlife Refuge, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corolla Wild Horses Protection Act''.
SEC. 2. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL WILDLIFE
REFUGE.
(a) Agreement Required.--
(1) In general.--The Secretary of the Interior shall enter
into an agreement with the Corolla Wild Horse Fund (a nonprofit
corporation established under the laws of the State of North
Carolina), the County of Currituck, North Carolina, and the
State of North Carolina within 180 days after the date of
enactment of this Act to provide for management of free-roaming
wild horses in and around the Currituck National Wildlife
Refuge.
(2) Terms.--The agreement shall--
(A) allow a herd of not less than 110 and not more
than 130 free-roaming wild horses in and around such
refuge, with a target population of between 120 and 130
free-roaming wild horses;
(B) provide for cost-effective management of the
horses while ensuring that natural resources within the
refuge are not adversely impacted;
(C) provide for introduction of a small number of
free-roaming wild horses from the herd at Cape Lookout
National Seashore as is necessary to maintain the
genetic viability of the herd in and around the
Currituck National Wildlife Refuge; and
(D) specify that the Corolla Wild Horse Fund shall
pay the costs associated with--
(i) coordinating a periodic census and
inspecting the health of the horses;
(ii) maintaining records of the horses living
in the wild and in confinement;
(iii) coordinating the removal and placement
of horses and monitoring of any horses removed
from the Currituck County Outer Banks; and
(iv) administering a viable population
control plan for the horses including auctions,
adoptions, contraceptive fertility methods, and
other viable options.
(b) Conditions for Excluding Wild Horses From Refuge.--The Secretary
shall not exclude free-roaming wild horses from any portion of the
Currituck National Wildlife Refuge unless--
(1) the Secretary finds that the presence of free-roaming
wild horses on a portion of the Refuge threatens the survival
of an endangered species for which such land is designated as
critical habitat under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(2) such finding is based on a credible peer-reviewed
scientific assessment; and
(3) the Secretary provides a period of public notice and
comment on that finding.
(c) Requirements for Introduction of Horses From Cape Lookout
National Seashore.--During the effective period of the memorandum of
understanding between the National Park Service and the Foundation for
Shackleford Horses, Inc. (a non-profit corporation organized under the
laws of and doing business in the State of North Carolina) signed in
2007, no horse may be removed from Cape Lookout National Seashore for
introduction at Currituck National Wildlife Refuge except--
(1) with the approval of the Foundation; and
(2) consistent with the terms of such memorandum (or any
successor agreement) and the Management Plan for the
Shackleford Banks Horse Herd signed in January 2006 (or any
successor management plan).
(d) No Liability Created.--Nothing in this section shall be construed
as creating liability for the United States for any damages caused by
the free-roaming wild horses to any person or property located inside
or outside the boundaries of the refuge.
PURPOSE OF THE BILL
The purpose of H.R. 306, as ordered reported, is to direct
the Secretary of the Interior to enter into an agreement to
provide for management of the free-roaming wild horses in and
around the Currituck National Wildlife Refuge.
BACKGROUND AND NEED FOR LEGISLATION
While it is not precisely known when the Corolla horses
arrived on the Currituck Outer Banks, North Carolina, there is
some evidence that they were introduced by Spanish explorers
500 years ago. In 2007, the National Horse of the Americas
Registry recognized and registered these horses as Colonial
Spanish Mustangs. These wild horses have survived nearly five
centuries of fierce hurricanes, severe droughts, floods and
swarms of biting insects. Today, the herd is comprised of about
140 animals that live on approximately 7,544 acres of public
and private lands. This is divided in the following way: 4,671
acres are privately owned by individuals and corporations;
2,495 acres are part of the Currituck National Wildlife Refuge;
326 acres are found in the North Carolina National Estuarine
Research Reserve; and 51 acres are owned by the Nature
Conservancy.
In 1988, the Corolla Wild Horse Fund was established to
support the wild Spanish mustangs and to educate the public
about the history of the herd. The Fund was also instrumental
in the enactment of a 1989 Wild Horse Ordinance which made it
``unlawful'' for ``any person to lure, attract, or entice a
wild horse to come within 50 feet of any person'' or ``any
person to lure or entice a wild horse out of a wild horse
sanctuary.'' In Currituck County, the wild horse sanctuary is
defined to extend from Corolla, North Carolina, to the Virginia
Commonwealth line.
In 2007, the latest Wild Horse Management Plan was approved
with the concurrence of the Corolla Wild Horse Fund, the County
of Currituck, the State of North Carolina and the U.S. Fish and
Wildlife Service, which administers the wildlife refuge. Under
the Plan, the maximum number of horses allowed within the
sanctuary is 60 and the Corolla Wild Horse Fund is permitted to
control the population of these horses ``through adoption,
relocation, auction or contraceptive fertility methods.'' There
was apparently no scientific basis for selecting this herd
size. It was the result of contentious discussions where the
Corolla Wild Horse Fund requested a herd size of at least 100
against the Service's position of zero horses.
During the past four years, the Corolla Wild Horse Fund,
the County of Currituck and the State of North Carolina have
formally requested that the maximum herd size be increased and
that a small number of mares from the nearby Shackleford Banks
herd be introduced to restore diversity to the Corolla horses'
gene pool. According to a veterinary expert, ``Horses of the
Corolla herd show levels of genetic variability that are among
the lowest seen in any horse population.'' Under the existing
agreement, any changes to the Plan management must be adopted
by a consensus vote. These requests have been repeatedly denied
by the Service, prompting the need for H.R. 306.
The Currituck National Wildlife Refuge was established in
1984 to manage waterfowl, migratory birds, and endangered
species such as piping plovers, sea turtles and sea beach
amaranth. The Service will allow wild horses, which they define
as feral animals, to freely roam the refuge as long as the
horses do not significantly impact habitat or wildlife under
the Endangered Species Act, the Refuge Administration Act, and
the National Wildlife Refuge System Improvement Act. While the
Service has been unable to quantify any negative impacts of the
35 Corolla horses that utilize refuge land, the Service has
initiated a research project to ``determine the impacts of
deer, hogs, and horses on refuge habitats.'' Those results are
not expected before June 2012.
On June 8, 2011, the Acting Deputy Director of the Service
submitted a letter outlining various estimates of the annual
costs of managing the wild horses, the additional expenses the
Service may incur and an estimate of one-time costs as a result
of the passage of H.R. 306. While the Committee appreciates
having this information, it lacks detail, justification and
specificity. For instance, there is no explanation as to why it
would cost the Service an additional $160,000 a year to manage
these horses simply because this legislation is enacted into
law. H.R. 306 does not mandate any additional management
requirements for the Service and there is no indication that
the Service intends to assign staff to what is currently an
unstaffed refuge or that they intend to build a visitor center,
roads, hiking trails or any facilities which currently do not
exist. The projected costs do not match up with existing or
future management requirements.
Second, after carefully examining the estimated annual
costs, it is clear that the overwhelming majority of these
expenditures are for a new wildlife biologist, staff salaries,
expenses such as a horse survey, adoption and feeding of wild
horses, and veterinary costs. With the exception of a new
biologist and staff salaries, each of those expenses will be
incurred by the Corolla Wild Horse Fund and not the Service.
The Committee notes that the 2006 Comprehensive Conservation
Plan for the refuge states: ``The assistant manager performs
the functions of a wildlife biologist. The refuge needs
additional staff to meet its objectives. The biological and
public use programs are currently the greatest needs.'' The
document goes on to describe the types of activities that the
new wildlife biologist would perform, including conducting
surveys of shorebirds, establishing an inventory protocol for
neotropical migratory songbirds and monitoring the impacts of
feral hogs on vegetation and habitat. It appears that the
Service is now trying to use this legislation to justify the
hiring of a new wildlife biologist that was an identified need
for Currituck long before the introduction of this legislation.
Third, included within the estimated one-time costs
attributed to the enactment of H.R. 306 are $186,000 for a new
barn and corral for the horses, $54,000 for a new boat and
trailer, pickup truck and utility vehicle, and $26,000 for wild
herd examinations. Together, these represent $266,000 of the
$285,000 the Service has identified as ``one-time'' costs. In
justifying the need for a new barn and corral, the Service has
stated that it is needed for those horses they handle,
constructing horse facilities and herd examinations. If this is
the case, then the Service would be in direct violation of the
Currituck County Code of Ordinances as it applies to wild
horses. Specifically the Ordinance says: ``No person shall
possess, harbor or keep in possession by confinement any wild
horse. The provision of this section shall not apply to the
keeping of wild horses in a licensed veterinary hospital or
other location for treatment under the care and supervision of
a licensed veterinarian.'' In addition, the Service has not
provided any details on the need for these new vehicles, and
the Corolla Wild Horse Fund is responsible for all wild horse
health-related activities and costs including herd
examinations.
During the markup of this legislation, the Committee
adopted an amendment offered by Congressman John Fleming that
capped the number of wild horses at 130 and stipulated that the
Corolla Wild Horse Fund would be legally responsible for
periodic census and inspection of the health of the wild
horses; coordinating the removal and placement of horses;
administering a viable population control plan for the horses
including adoptions, auctions, contraceptive fertility methods
and other viable options; and maintaining the records of the
horses. The intent of this amendment was to clarify that
expenses related to wild horse management are to be incurred by
the privately-funded Corolla Wild Horse Fund and not the
Service. While this legislation will not eliminate the need for
the Service to effectively administer the Currituck National
Wildlife Refuge, including its desire to hire a new wildlife
biologist, it does make it clear that in terms of the
management of the Corolla Wild Horses, the responsibility will
continue to reside with the Corolla Wild Horse Fund.
COMMITTEE ACTION
H.R. 306 was introduced on January 18, 2011, by Congressman
Walter Jones (R-NC). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife, Oceans, and Insular Affairs. On April
7, 2011, the Subcommittee held a hearing on the bill. On
October 5, 2011, the Full Natural Resources Committee met to
consider the bill. The Subcommittee on Fisheries, Wildlife,
Oceans, and Insular Affairs was discharged by unanimous
consent. Congressman John Fleming (R-LA) offered an amendment
designated .001; the amendment was adopted by voice vote. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by voice vote.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 306--Corolla Wild Horses Protection Act
H.R. 306 would require the U.S. Fish and Wildlife Service
(USFWS) to enter into an agreement with the Corolla Wild Horse
Fund (CWHF), a nonprofit organization, to manage wild horses in
and around the Currituck National Wildlife Refuge. The wild
horse population in the area is currently managed under a
similar agreement between USFWS and CWHF. The new agreement
would require CWHF to reduce the number of wild horses in the
area from 144 to 130 and would specify that CWHF is responsible
for certain costs associated with managing the wild horse
population.
Based on information provided by CWHF, CBO expects that,
under the bill, the organization would manage the wild horse
population using private funds; we estimate that the federal
government would incur no significant additional costs to
manage or mitigate the effects of horses on the refuge. If,
however, CWHF was unable to maintain the population at or below
130 horses as required under the bill, CBO expects that USFWS
would incur costs totaling roughly $200,000 a year to manage
the horses. Such spending would be subject to the availability
of appropriated funds. Enacting H.R. 306 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 306 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 Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information provided by the Corolla Wild Horse Fund, CBO
expects that, under the bill, the organization would manage the
wild horse population using private funds; estimates that the
federal government would incur no significant additional costs
to manage or mitigate the effects of horses on the refuge. If,
however, the Corolla Wild Horse Fund was unable to maintain the
population at or below 130 horses as required under the bill,
CBO expects that U.S. Fish and Wildlife Service would incur
costs totaling roughly $200,000 a year to manage the horses.
Such spending would be subject to the availability of
appropriated funds.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to direct the
Secretary of the Interior to enter into an agreement to provide
for management of the free-roaming wild horses in and around
the Currituck National Wildlife Refuge.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This 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
If enacted, this bill would make no changes in existing
law.