[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10806-H10807]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NATIONAL PEACE GARDEN MEMORIAL

  Mr. JONES. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 731) to extend the legislative authority for 
construction of the National Peace Garden Memorial, and for other 
purposes, as amended.
  The Clerk read as follows:

                                 S. 731

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     notwithstanding section 10(b) of Public Law 99-652 and 
     section 1(a) of Public Law 103-321, the legislative authority 
     for the National Peace Garden shall extend through June 30, 
     2002.

     SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL 
                   SEASHORE.

       Section 5 of the Act entitled ``An Act to provide for the 
     establishment of the Cape Lookout National Seashore in the 
     State of North Carolina, and for other purposes'', approved 
     March 10, 1966 (Public Law 89-366; 16 U.S.C. 459g-4), is 
     amended by inserting ``(a)'' after ``Sec. 5.'', and by adding 
     at the end the following new subsection:
       ``(b)(1) The Secretary, in accordance with this subsection, 
     shall allow a herd of 100 free roaming horses in Cape Lookout 
     National Seashore (hereinafter referred to as the 
     ``seashore''): Provided, That nothing in this section shall 
     be construed to preclude the Secretary from implementing or 
     enforcing the provisions of paragraph (3).
       ``(2) Within 180 days after enactment of this subsection, 
     the Secretary shall enter into an agreement with the 
     Foundation for Shackleford Horses (a nonprofit corporation 
     established under the laws of the State of North Carolina), 
     or another qualified nonprofit entity, to provide for 
     management of free roaming horses in the seashore. The 
     agreement shall--
       ``(A) provide for cost-effective management of the horses 
     while ensuring that natural resources within the seashore are 
     not adversely impacted; and
       ``(B) allow the authorized entity to adopt any of those 
     horses that the Secretary removes from the seashore.
       ``(3) The Secretary shall not remove, assist in, or permit 
     the removal of any free roaming horses from Federal lands 
     within the boundaries of the seashore--

[[Page H10807]]

       ``(A) unless the entity with whom the Secretary has entered 
     into the agreement under paragraph (2), following notice and 
     a 90-day response period, fails to meet the terms and 
     conditions of the agreement; or
       ``(B) unless the number of free roaming horses on Federal 
     lands within Cape Lookout National Seashore exceeds 110; or
       ``(C) except in the case of an emergency, or to protect 
     public health and safety.
       ``(4) The Secretary shall annually monitor, assess, and 
     make available to the public findings regarding the 
     population, structure, and health of the free roaming horses 
     in the national seashore.
       ``(5) Nothing in this subsection shall be construed to 
     require the Secretary to replace horses or otherwise increase 
     the number of horses within the boundaries of the seashore 
     where the herd numbers fall below 100 as a result of natural 
     causes, including, but not limited to, disease or natural 
     disasters.
       ``(6) Nothing in this subsection shall be construed as 
     creating liability for the United States for any damages 
     caused by the free roaming horses to property located inside 
     or outside the boundaries of the seashore.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina [Mr. Jones] and the gentleman from Michigan [Mr. Kildee] 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina [Mr. Jones].
  Mr. JONES. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. JONES asked and was given permission to revise and extend his 
remarks.)
  Mr. JONES. Madam Speaker, I rise in support of S. 731 and urge its 
adoption. The bill grants a 5-year extension to the legislative 
authority for the construction of the National Peace Garden Memorial on 
Federal lands within the District of Columbia.
  Madam Speaker, section 10(b) of the Commemorative Works Act of 1986 
provides that the legislative authority to construct a memorial expires 
7 years after the date the memorial was authorized by Congress. In 
1994, Congress extended the legislative authority for the National 
Peace Garden Memorial through June 30, 1997. S. 731 would extend the 
legislative authority for the National Peace Garden Memorial until June 
30, 2002.
  Madam Speaker, S. 731 has been amended to incorporate H.R. 765, a 
bill I introduced to protect the Shackleford Banks Wild Horses at Cape 
Lookout National Seashore in North Carolina. The House passed H.R. 765 
on July 22, 1997, by a vote of 416 to 6.
  Since that time, the Senate has amended the House-passed bill to 
clarify several management issues of concern to the National Park 
Service. The amendment to S. 731 offered today reflects the amendments 
agreed to by the majority and minority members of the Senate Committee 
on Energy and Natural Resources.
  Madam Speaker, S. 713 will assure that a healthy survival herd of 
wild roaming horses will remain on the Cape Lookout National Seashore, 
and their 400-year history will continue as a major legacy of the 
culture and heritage of the Outer Banks of North Carolina.
  Madam Speaker, I strongly urge my colleagues to support S. 731 as 
amended.
  Madam Speaker, I reserve the balance of my time.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Madam Speaker, S. 731 as passed by the Senate is an 
uncontroversial measure to extend the authority of the National Peace 
Garden Foundation to establish a commemorative work in honor of our 
Nation's commitment to peace. The majority has sent S. 731 to the desk 
with an amendment that includes the modified text of another bill, H.R. 
765, that the House passed in July.
  The language of H.R. 765, which deals with the wild horses at Cape 
Lookout National Seashore, has been worked out in the Senate, and that 
bill is currently pending before the full Senate.
  Madam Speaker, I urge the adoption of this bill.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. JONES. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina [Mr. Jones] that the House suspend the 
rules and pass the Senate bill, S. 731, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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