To amend Public Law 89-366 to allow for an adjustment in the number of free roaming horses permitted in Cape Lookout National Seashore.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, September 21, 2004, at 9:30 a.m. on Oceans Commission.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, September 21, 2004, at 2:30 p.m., on S. 1963--Wireless 411 Privacy Act.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, September 21, at 10 a.m. to consider the nominations of Karen Alderman Harbert, to be an Assistant Secretary of Energy for International Affairs and Domestic Policy and John Spitaleri Shaw, to be an Assistant Secretary of Energy for Environment, Safety and Health.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Tuesday, September 21, 2004, at 10 a.m., to hear testimony on ``Indian Jails: A Clarion Call for Reform.''

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Tuesday, September 21, 2004, for a joint hearing with the House of Representatives' Committee on Veterans' Affairs, to hear the legislative presentation of The American Legion. The hearing will take place in room 345 of the Cannon House Office Building at 10 a.m.

THE PRESIDING OFFICER. Without objection, it is so ordered.

select committee on intelligence

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 21, 2004 at 10:00 a.m. to hold a closed business meeting.

THE PRESIDING OFFICER. Without objection, it is so ordered.

select committee on intelligence

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 21, 2004 at 2:30 p.m. to hold a closed business meeting.

THE PRESIDING OFFICER. Without objection, it is so ordered.

subcommittee on immigration and border security

Mr. President, I ask unanimous consent that the Committee on the Judiciary Subcommittee on Immigration and Border Security be authorized to meet to conduct a hearing on ``Refugees: Seeking Solutions to a Global Concern'' on Tuesday, September 21, 2004, at 2:30 p.m. in SD226.

Agenda:

Panel I: Gene Dewey, Assistant Secretary, Bureau of Population, Refugees, and Migration, Department of State, Washington, D.C.; Eduardo Aguirre, Director, U.S. Citizenship and Immigration Services, Department of Homeland Security, Washington, D.C.

Panel II: Charles H. Kuck, Managing Partner, Immigration Group, Weathersby, Howard & Kuck, LLC, Atlanta, GA; Mark Franken, Chair, Refugee Counsel, USA, Washington, D.C.; Lavinia Limon, Executive Director, United States Committee for Refugees, Washington, D.C.

Mr. President, I ask unanimous consent that the subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, September 21 at 2:30 pm.

The purpose of the hearing is to receive testimony on the following bills: S. 784 and H.R. 1630, to Revise the Boundary of Petrified Forest National Park in the State of Arizona, and for other purposes; S. 2656, to establish a National Commission on the Quincentennial of the Discovery of Florida by Ponce De Leon; S. 2499, to modify the boundary of the Harry S Truman National Historic Site in the State of Missouri, and for other purposes; S. 1311, to establish the Hudson-Fulton- Champlain 400th Commemoration Commission, and for other purposes; and H.R. 2055, to amend P.L. 89-366 to allow for an Adjustment in the Number of Free Roaming Horses Permitted in Cape Lookout National Seashore.

THE PRESIDING OFFICER. Without objection, it is so ordered.

Mr. Speaker, I would like to thank the House Leadership for scheduling H.R. 205 for floor consideration. This bill would adjust the number of free roaming horsed permitted on Shackleford Banks in the Cape Lookout National Seashore. Shackleford Banks is a barrier island off the coast of North Carolina that has been home to a herd of wild horses for over three centuries. In fact, experts believe the herd descended from Spanish stallions that were shipwrecked on the island during colonial times.

Over the years, the Shackleford horses have become an integral part of the natural and cultural fabric of Eastern North Carolina. They are treasured by the local community and adored by the many visitors who come from across the country to see them.

To protect these beautiful creatures, in 1997 I introduced the Shackleford Banks Wild Horses Protection Act which the President later signed into law. The Act directed the Department of the Interior to enter an agreement with a non-profit group--the Foundation for Shackleford Horses--to manage the herd. It also required the Department to allow a herd of 100 free-roaming horses in the Seashore, and it set out terms under which horses could be removed, including a prohibition on removal ``unless the number of horses . . . exceeds 110.''

As the National Park Service and the Foundation began to implement the Act, disagreement erupted over the law's requirements on the size of the herd. The Park Service interpreted the Act to mean that the herd's population should be kept between 100 and 110. However, as the author of the legislation, I can tell you this interpretation was inconsistent with Congressional intent--which was to allow the herd to hover above 110.

The Park Service's interpretation also conflicted with the established scientific consensus on the size of the herd. Studies by world-renowned genetic scientists Dr. Daniel Rubenstein of Princeton University, and Dr. Gus Cothran of the University of Kentucky, confirm that in order to maintain the herd's long-term viability, its optimum size is around 120 animals. The experts also agree that the population should not dip below 110 and that it should be allowed to expand periodically to numbers at or above 130 in order to sustain the proper genetic diversity in the herd. It's important to note that these numbers are well within the island's carrying capacity.

After years of disagreement on the herd size issue, the Park Service met in the fall of 2002 with the Foundation for Shackleford Horses, Dr. Rubenstein, Dr. Cothran and other stakeholders. After two days of meetings, the parties emerged with an agreement that largely mirrors the scientific understanding of how the horses should be managed.

H.R. 2055 seeks to codify this scientific consensus into law. It would allow a herd of ``not less than 110 free roaming horses, with a target population of between 120 and 130 free roaming horses.'' It would also clear up confusion on when horses can be removed from the island by mandating that removal can only occur if ``carried out as part of a plan to maintain the viability of the herd.''

Mr. Speaker, this legislation is supported by the Park Service, the scientific experts, and the local community. It is a legislative fix based on sound science, and I urge my colleagues to support it.

Mr. President, I would like to announce for the information of the Senate and the public that the following hearing has been scheduled before the Subcommittee on National Parks of the Committee on Energy and Natural Resources.

The hearing will be held on Tuesday, September 21, 2004, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on the following bills: S. 784 and H.R. 1630, to revise the boundary of Petrified Forest National Park in the State of Arizona, and for other purposes; S. 2656, to establish a National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon; S. 2499, to modify the boundary of the Harry S Truman National Historic Site in the State of Missouri, and for other purposes; S. 1311, to establish the Hudson-Fulton- Champlain 400th Commemoration Commission, and for other purposes; and H.R. 2055, to amend P.L. 899-366 to allow for an adjustment in the number of free roaming horses permitted in Cape Lookout National Seashore.

Because of the limited time available for the hearings, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send two copies of their testimony to the Committee on Energy and Natural Resources, U.S. Senate, SD-364. Dirksen Senate Office Building, Washington, DC 20510- 6150.

For further information, please contact Tom Lillie at (202) 224-5161 or Sarah Creachbaum at (202) 224-6293.

Mr. Speaker, I yield myself such time as I may consume.

(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I would like to thank the gentleman from Arizona (Mr. Renzi) and the majority of the committee for the management of this legislation. I also would be remiss if I did not extend my personal commendation to the gentleman from North Carolina (Mr. Jones), the chief sponsor of this legislation, which has been carried on for the past several Congresses. I congratulate the gentleman from North Carolina (Mr. Jones) for his tenacity and persistence in moving this legislation.

Mr. Speaker, in the course of the last several hundred years, a herd of wild horses has established itself on the Shackleford Banks area of Cape Lookout, North Carolina. The herd developed on the banks because of shipwrecks and abandonment. When the national seashore was established, there were approximately 100 wild horses on the barrier island. Over the years, the National Park Service has taken steps to control the herd size to prevent damage to park resources.

As the majority explained, this bill makes a number of slight adjustments in the management of the herd as a means to ensure their long-term survival.

Mr. Speaker, H.R. 2055 is a workable solution to the wild horse management needs at Cape Lookout, and we support adoption of the legislation by the House today.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2055) to amend Public Law 89-366 to allow for an adjustment in the number of free roaming horses permitted in Cape Lookout National Seashore.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 2055, introduced by the gentleman from North Carolina (Mr. Jones) from the Committee on Resources, would allow for the adjustment in the number of free-roaming horses permitted in the Cape Lookout National Seashore. Specifically, H.R. 2055 would permit the number of free-roaming horses to increase to 110 from its current level of 100 with a targeted population of 120 to 130 horses, and would not permit the removal of the horses unless the removal is carried out as part of a plan to maintain the viability of the herd.

H.R. 2055 is supported by the majority and the minority of the Committee on Resources and the administration. I urge adoption of the bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.