49–010 

Calendar No. 246 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–154 

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 withVerDate Aug 31 2005 22:46 Oct 20, 2005 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR154.XXX SR154
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in 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 freeroaming horses from the national seashore unless removal is carVerDate Aug 31 2005 22:46 Oct 20, 2005 Jkt 049010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR154.XXX SR154
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ried 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 freeroaming 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 freeroaming 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: 

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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 

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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 

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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. ø(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. 

7 

(b)(1) The Secretary, in accordance with this subsection, shall 

allow a herd of ø100 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 

ø(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 ø100¿ 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. 

Æ