```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Reported in Senate (RS)]

                                                       Calendar No. 487
104th CONGRESS
  2d Session
                                H. R. 238

                          [Report No. 104-312]

To provide for the protection of wild horses within the Ozark National 
       Scenic Riverways and prohibit the removal of such horses.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1995

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 28, 1996

              Reported by Mr. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT

 
To provide for the protection of wild horses within the Ozark National 
       Scenic Riverways and prohibit the removal of such horses.

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

SECTION 1. FREE-ROAMING HORSES.

    Section 7 of the Act entitled ``An Act to provide for the 
establishment of the Ozark National Scenic Riverways
in the State of Missouri, and for other purposes'', approved August 27, 
1964 (16 U.S.C. 460m-6), is amended to read as follows:
    ``Sec. 7. (a) The Secretary, in accordance with this section, shall 
allow free-roaming horses in the Ozark National Scenic Riverways. 
Within 180 days after enactment of this section, the Secretary shall 
enter into an agreement with the Missouri Wild Horse League or another 
qualified nonprofit entity to provide for management of free-roaming 
horses. The agreement shall provide for cost-effective management of 
the horses and limit Federal expenditures to the costs of monitoring 
the agreement. The Secretary shall issue permits for adequate pastures 
to accommodate the historic population level of the free-roaming horse 
herd, which shall be not less than the number of horses in existence on 
the date of the enactment of this section nor more than 50.
<DELETED>    ``(b) The Secretary may not remove, or assist in or permit 
the removal of, any free-roaming horses from Federal lands within the 
boundary of the Ozark National Scenic Riverways unless the entity with 
whom the Secretary entered into the agreement under subsection (a), 
following notice and a 180-day response period, substantially fails to 
meet the terms and conditions of the agreement or in the case of an 
emergency as defined in the agreement.</DELETED>
    ``(b) The Secretary shall not remove, assist in, or permit the 
removal of any free-roaming horses from Federal lands within the 
boundary of the Ozark National Scenic Riverways unless--
            ``(1) the entity with whom the Secretary has entered into 
        the agreement under subsection (a), following notice and a 90-
        day response period, fails to meet the terms and conditions of 
        the agreement; or
            ``(2) the number of free-roaming horses on Federal lands 
        within the Ozark National Scenic Riverways exceeds 50; or
            ``(3) in the case of an emergency, or to protect public 
        health and safety.
    ``(c) Nothing in this section shall be construed as creating 
additional liability for the United States for any damages caused by 
the free-roaming horses to property located inside or outside the 
boundaries of the Ozark National Scenic Riverways.''.

            Passed the House of Representatives November 7, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                                                       Calendar No. 487

104th CONGRESS

  2d Session

                               H. R. 238

                          [Report No. 104-312]

_______________________________________________________________________

                                 AN ACT

To provide for the protection of wild horses within the Ozark National 
       Scenic Riverways and prohibit the removal of such horses.

_______________________________________________________________________

                             June 28, 1996

                       Reported with an amendment
```