[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8513-S8514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SHACKLEFORD BANKS WILD HORSES PROTECTION ACT

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                      MURKOWSKI AMENDMENT NO. 3214

  Mr. DOMENICI (for Mr. Murkowski) proposed an amendment to the bill 
(H.R. 765) to ensure maintenance of a herd of wild horses in Cape 
Lookout National Seashore; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

     SECTION 1. 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

[[Page S8514]]

       ``(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--
       ``(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.''.

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