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.
Be it enacted by the Senate and House of Representa-
tives 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
HR 238 RS
in the State of Missouri, and for other purposes’’, ap-
proved 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 Na-
tional 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-roam-
ing 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.
‘‘(b) The Secretary may not remove, or assist in or
permit the removal of, any free-roaming horses from Fed-
eral lands within the boundary of the Ozark National Sce-
nic 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.
HR 238 RS
‘‘(b) The Secretary shall not remove, assist in, or per-
mit 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 en-
tered into the agreement under subsection (a), follow-
ing 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 Fed-
eral 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 cre-
ating 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 Na-
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
the Ozark National Scenic Riverways and pro-
hibit the removal of such horses.
JUNE 28, 1996
Reported with an amendment