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Union Calendar No. 153

104TH CONGRESS

1ST SESSION H. R. 238

[Report No. 104–296]

To provide for the protection of wild horses within the Ozark National

Scenic Riverways and prohibit the removal of such horses.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. EMERSON (for himself, Mr. SKELTON, and Mr. HANCOCK) introduced the

following bill; which was referred to the Committee on Resources

OCTOBER 30, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the protection of wild horses within the Ozark

National Scenic Riverways and prohibit the removal of

such horses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ozark Wild Horses

5 Protection Act’’.
2

•HR 238 RH

1 SEC. 2. PROTECTION OF FREE-ROAMING HORSES.

2 The first section of the Act entitled ‘‘An Act to pro3 vide for the establishment of the Ozark National Scenic

4 Riverways in the State of Missouri, and for other pur5 poses’’, approved August 27, 1964 (78 Stat. 608; 16

6 U.S.C. 460m), is amended in the first sentence by insert7 ing ‘‘protection and preservation of free-roaming horses,’’

8 after ‘‘wildlife,’’.

9 SEC. 3. PROHIBITION OF REMOVAL OF HORSES.

10 Section 5 of the Act entitled ‘‘An Act to provide for

11 the establishment of the Ozark National Scenic Riverways

12 in the State of Missouri, and for other purposes’’, ap13 proved August 27, 1964 (78 Stat. 609; 16 U.S.C. 460m–

14 4), is amended by adding the following new subsection at

15 the end:

16 ‘‘(c) The Secretary may not remove, or allow or assist

17 in the removal of, any free-roaming horse from Federal

18 lands within the boundaries of the Ozark National Scenic

19 Riverways, except in the case of medical emergency or nat20 ural disaster.’’.

21 SECTION 1. FREE-ROAMING HORSES.

22 Section 7 of the Act entitled ‘‘An Act to provide for

23 the establishment of the Ozark National Scenic Riverways

24 in the State of Missouri, and for other purposes’’, approved

25 August 27, 1964 (16 U.S.C. 460m–6), is amended to read

26 as follows:
3

•HR 238 RH

1 ‘‘SEC. 7. (a) The Secretary, in accordance with this

2 section, shall allow free-roaming horses in the Ozark Na3 tional Scenic Riverways. Within 180 days after enactment

4 of this section, the Secretary shall enter into an agreement

5 with the Missouri Wild Horse League or another qualified

6 nonprofit entity to provide for management of free-roaming

7 horses. The agreement shall provide for cost-effective man8 agement of the horses and limit Federal expenditures to the

9 costs of monitoring the agreement. The Secretary shall issue

10 permits for adequate pastures to accommodate the historic

11 population level of the free-roaming horse herd, which shall

12 be not less than the number of horses in existence on the

13 date of the enactment of this section nor more than 50.

14 ‘‘(b) The Secretary may not remove, or assist in or

15 permit the removal of, any free-roaming horses from Fed16 eral lands within the boundary of the Ozark National Sce17 nic Riverways unless the entity with whom the Secretary

18 entered into the agreement under subsection (a), following

19 notice and a 180-day response period, substantially fails

20 to meet the terms and conditions of the agreement or in

21 the case of an emergency as defined in the agreement.

22 ‘‘(c) Nothing in this section shall be construed as creat23 ing additional liability for the United States for any dam24 ages caused by the free-roaming horses to property located
4

•HR 238 RH

1 inside or outside the boundaries of the Ozark National Sce2 nic Riverways.’’.

Union Calendar No. 153

104TH CONGRESS

1ST SESSION H. R. 238

[Report No. 104–296]

A BILL

To provide for the protection of wild horses within

hibit the removal of such horses.the Ozark National Scenic Riverways and proOCTOBER 30, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and