S-1377-119
Referred to the House Committee on Natural Resources.
Sponsored by John Hoeven (R-ND)
What it does
This bill would amend existing law to require the Secretary of the Interior to maintain a genetically diverse herd of at least 150 wild horses in the South Unit of Theodore Roosevelt National Park in North Dakota. It would direct the Secretary to develop a management plan within 120 days of enactment, prohibit the removal of horses from the park except under specific conditions (genetic diversity management, emergency, or public health and safety), and require annual public reporting on the herd's population, structure, and health.
Who benefits
Visitors to Theodore Roosevelt National Park who value seeing wild horses as part of the landscape. Wildlife tourism businesses and local economies in western North Dakota that benefit from park visitation. Wild horse preservation advocates and organizations. North Dakota residents and communities near the park who support maintaining the horses as a cultural and historical symbol. Future generations who would have continued access to a wild horse herd in the park.
Who is hurt
National Park Service (NPS) managers who would lose discretion over herd size and removal decisions, potentially complicating broader ecosystem management. Native plant species and other wildlife that may face increased grazing pressure if the herd grows. Taxpayers who would bear the cost of managing, monitoring, and maintaining a minimum herd size, including potential fertility control or other population management measures. Ranchers and grazing permit holders near the park who may be affected by herd spillover. Wildlife biologists and ecologists who argue that fixed population minimums are inconsistent with adaptive, science-based management.
Supporters argue
Supporters argue that wild horses have been present in Theodore Roosevelt National Park since its establishment and are deeply tied to the park's identity and the legacy of President Roosevelt himself, who ranched in the region. They contend that without a statutory minimum, the NPS has broad discretion to reduce or eliminate the herd — a risk that a congressionally mandated floor of 150 horses directly addresses. Supporters also argue the bill includes a built-in safeguard by requiring the management plan to ensure natural resources are not adversely impacted, balancing horse preservation with ecological responsibility.
Opponents argue
Opponents argue that setting a rigid statutory minimum of 150 horses removes the scientific and adaptive flexibility that professional wildlife managers need to respond to drought, overgrazing, disease, or ecosystem stress. They contend that horses are a non-native, introduced species in the park, and that mandating their presence at a fixed population floor could cause measurable harm to native vegetation and wildlife — undermining the NPS's core mission to preserve natural conditions. Critics also argue that Congress is substituting a political preference for the expert judgment of land managers, potentially at significant and open-ended cost to taxpayers.
Constitutional context
Congress has broad authority over federal lands under the Property Clause (Art. IV, §3, cl. 2), which grants it power to make rules for territory and property belonging to the United States. No significant constitutional tension arises here, as this bill directs the management of an existing federal park through a direct statutory mandate rather than delegating broad rulemaking authority to an agency — the approach that drew scrutiny in West Virginia v. EPA (2022) and Loper Bright v. Raimondo (2024).
Checks and balances
Congress gains authority by setting a statutory minimum herd size and restricting NPS removal discretion; the Secretary of the Interior retains implementation authority through the required management plan, subject to annual public reporting as an accountability mechanism.
Historical precedent
The Wild Free-Roaming Horses and Burros Act of 1971 similarly established federal protections for wild horses on public lands managed by the Bureau of Land Management and Forest Service, though it applies to different lands and agencies than this bill.