II 

112TH CONGRESS 

2D SESSION S. 3448 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2012 

Mrs. HAGAN (for herself and Mr. BURR) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

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. 

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 ‘‘Corolla Wild Horses 

5 Protection Act’’. 

6 SEC. 2. WILD HORSES IN AND AROUND THE CURRITUCK 

7 NATIONAL WILDLIFE REFUGE. 

8 (a) AGREEMENT REQUIRED.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary of the Interior (referred to in this Act as the 

4 ‘‘Secretary’’) shall enter into an agreement with the 

5 Corolla Wild Horse Fund (a nonprofit corporation 

6 established under the laws of the State of North 

7 Carolina), the County of Currituck, North Carolina, 

8 and the State of North Carolina to provide for man9 agement of free-roaming wild horses in and around 

10 the Currituck National Wildlife Refuge. 

11 (2) TERMS.—The agreement shall— 

12 (A) allow a herd of not fewer than 110 and 

13 not more than 130 free-roaming wild horses in 

14 and around the refuge, with a target population 

15 of between 120 and 130 free-roaming wild 

16 horses; 

17 (B) provide for cost-effective management 

18 of the horses while ensuring that natural re19 sources within the refuge are not adversely im20 pacted; 

21 (C) provide for introduction of a small 

22 number of free-roaming wild horses from the 

23 herd at Cape Lookout National Seashore as is 

24 necessary to maintain the genetic viability of 


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1 the herd in and around the Currituck National 

2 Wildlife Refuge; and 

3 (D) specify that the Corolla Wild Horse 

4 Fund shall pay the costs associated with— 

5 (i) coordinating a periodic census and 

6 inspecting the health of the horses; 

7 (ii) maintaining records of the horses 

8 living in the wild and in confinement; 

9 (iii) coordinating the removal and 

10 placement of horses and monitoring of any 

11 horses removed from the Currituck County 

12 Outer Banks; and 

13 (iv) administering a viable population 

14 control plan for the horses, including auc15 tions, adoptions, contraceptive fertility 

16 methods, and other viable options. 

17 (b) CONDITIONS FOR EXCLUDING WILD HORSES

18 FROM REFUGE.—The Secretary shall not exclude free19 roaming wild horses from any portion of the Currituck 

20 National Wildlife Refuge unless— 

21 (1) the Secretary finds that the presence of 

22 free-roaming wild horses on a portion of that refuge 

23 threatens the survival of an endangered species for 

24 which that land is designated as critical habitat 


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1 under the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); 

3 (2) the finding is based on a credible peer-re4 viewed scientific assessment; and 

5 (3) the Secretary provides a period of public no6 tice and comment on that finding. 

7 (c) REQUIREMENTS FOR INTRODUCTION OF HORSES

8 FROM CAPE LOOKOUT NATIONAL SEASHORE.—During 

9 the effective period of the memorandum of understanding 

10 between the National Park Service and the Foundation 

11 for Shackleford Horses, Inc. (a non-profit corporation or12 ganized under the laws of and doing business in the State 

13 of North Carolina) signed in 2007, no horse may be re14 moved from Cape Lookout National Seashore for intro15 duction at Currituck National Wildlife Refuge except— 

16 (1) with the approval of the Foundation; and 

17 (2) consistent with the terms of the memo18 randum (or any successor agreement) and the Man19 agement Plan for the Shackleford Banks Horse 

20 Herd signed in January 2006 (or any successor 

21 management plan). 

22 (d) NO LIABILITY CREATED.—Nothing in this sec23 tion creates liability for the United States for any damage 

24 caused by the free-roaming wild horses to any person or 


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1 property located inside or outside the boundaries of the 

2 Currituck National Wildlife Refuge. 

Æ 


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