19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–310 

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; 


PWALKER on DSK7TPTVN1PROD with REPORTS
2 

(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 


PWALKER on DSK7TPTVN1PROD with REPORTS
3 

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 inVerDate Mar 15 2010 02:04 Dec 06, 2011 Jkt 019006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR310.XXX HR310

PWALKER on DSK7TPTVN1PROD with REPORTS
4 

dication 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, 


PWALKER on DSK7TPTVN1PROD with REPORTS
5 

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 unVerDate Mar 15 2010 02:04 Dec 06, 2011 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR310.XXX HR310

PWALKER on DSK7TPTVN1PROD with REPORTS
6 

able 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. 


PWALKER on DSK7TPTVN1PROD with REPORTS
(7) 

DISSENTING VIEWS 

H.R. 306, as amended, would call upon the Secretary of the Interior to enter into an agreement with the Corolla Wild Horse Fund, 

as well as local and state authorities, to provide for the management of the free-roaming wild horses in and around the Currituck 

National Wildlife Refuge. The agreement would cap the herd size 

in and around the Currituck National Wildlife Refuge to 130 horses 

and specifies that the costs of managing the herd would be covered 

by the Corolla Wild Horse Fund. 

In 2007, the Fish and Wildlife Service entered into a joint management agreement with the Corolla Wild Horse Fund, the County 

of Currituck, and the North Carolina Department of Environment 

and Natural Resources to implement a cooperative management 

strategy for the herd on both public and private lands. This agreement provides for a maximum of 60 horses, with the population 

controlled through adoption, relocation, or contraceptive fertility 

methods. The agreement provides management flexibility to respond to changing circumstances in the area and it is therefore unclear why H.R. 306 is necessary. 

On April 7, 2011, the Subcommittee on Fisheries, Wildlife, 

Oceans and Insular Affairs in the Committee on Natural Resources 

held a hearing on H.R. 306. The Administration testified against 

the bill because the Currituck National Wildlife Refuge was established for the purpose of managing specific trust wildlife species, 

including waterfowl, migratory birds, and endangered species, and 

not horses. The Fish and Wildlife Service estimates one-time costs 

of $285,800 and annual costs of $265,030 to manage for the impacts of the wild horses on native wildlife and their habitat. These 

costs would include staff salaries, since no staff is currently stationed at Currituck National Wildlife Refuge; corrals to keep the 

horses from trampling critical habitat; and research to study the 

negative impacts of these horses. 

The management of non-native wildlife is always a challenge and 

we remain concerned that the Fish and Wildlife Service does not 

have adequate resources to accomplish the conservation purposes 

set forth for the Currituck National Wildlife Refuge. Without providing these resources, we will contribute to the operations and 

maintenance backlog of the National Wildlife Refuge System, 

which has not only been chronically underfunded, but has incurred 

additional maintenance costs from this year’s natural disasters, including Hurricane Irene in North Carolina. For these reasons, we 

do not support H.R. 306 as reported. 

EDWARD J. MARKEY. 

RAU ́ L M. GRIJALVA. 

GRACE F. NAPOLITANO. 

RUSH HOLT. 

BEN R. LUJA ́ N. 

DALE E. KILDEE. 

Æ 


PWALKER on DSK7TPTVN1PROD with REPORTS