II

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.

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

3 SECTION 1. FREE-ROAMING HORSES.

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

5 the establishment of the Ozark National Scenic Riverways
2

HR 238 RS

1 in the State of Missouri, and for other purposes’’, ap2 proved August 27, 1964 (16 U.S.C. 460m–6), is amended

3 to read as follows:

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

5 section, shall allow free-roaming horses in the Ozark Na6 tional Scenic Riverways. Within 180 days after enactment

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

8 with the Missouri Wild Horse League or another qualified

9 nonprofit entity to provide for management of free-roam10 ing horses. The agreement shall provide for cost-effective

11 management of the horses and limit Federal expenditures

12 to the costs of monitoring the agreement. The Secretary

13 shall issue permits for adequate pastures to accommodate

14 the historic population level of the free-roaming horse

15 herd, which shall be not less than the number of horses

16 in existence on the date of the enactment of this section

17 nor more than 50.

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

19 permit the removal of, any free-roaming horses from Fed20 eral lands within the boundary of the Ozark National Sce21 nic Riverways unless the entity with whom the Secretary

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

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

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

25 the case of an emergency as defined in the agreement.
3

HR 238 RS

1 ‘‘(b) The Secretary shall not remove, assist in, or per2 mit the removal of any free-roaming horses from Federal

3 lands within the boundary of the Ozark National Scenic

4 Riverways unless—

5 ‘‘(1) the entity with whom the Secretary has en6 tered into the agreement under subsection (a), follow7 ing notice and a 90-day response period, fails to meet

8 the terms and conditions of the agreement; or

9 ‘‘(2) the number of free-roaming horses on Fed10 eral lands within the Ozark National Scenic

11 Riverways exceeds 50; or

12 ‘‘(3) in the case of an emergency, or to protect

13 public health and safety.

14 ‘‘(c) Nothing in this section shall be construed as cre15 ating additional liability for the United States for any

16 damages caused by the free-roaming horses to property

17 located inside or outside the boundaries of the Ozark Na18 tional 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

hibit the removal of such horses.the Ozark National Scenic Riverways and proJUNE 28, 1996

Reported with an amendment