[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8532-S8533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SHACKLEFORD BANKS WILD HORSES PROTECTION ACT

  Mr. DOMENICI. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of Calendar No. 229, H.R. 765.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (H.R. 765) to ensure maintenance of a herd of wild 
     horses in Cape Lookout National Seashore.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Shackleford Banks Wild 
     Horses Protection Act''.

     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 free-roaming horses in Cape Lookout 
     National Seashore (hereinafter referred to as the 
     `Seashore').
       ``(2) Within 180 days after enactment of this subsection, 
     the Secretary shall enter into an agreement with the 
     Foundation for Shackleford Horses (a non-profit corporation 
     established under the laws of the State of North Carolina), 
     or another qualified non-profit 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--
       ``(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 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.''.


[[Page S8533]]




                           Amendment No. 3214

  Mr. DOMENICI. There is an amendment at the desk to the bill. I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. 
     Murkowski, proposes an amendment numbered 3214.

  The amendment is as follows:

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

     SEC. 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, 1996 (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--
       ``(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.''

  Mr. DOMENICI. Mr. President, I ask unanimous consent the amendment be 
agreed to, the committee amendment as amended be agreed to, the bill be 
considered read a third time and passed, the motion to reconsider be 
laid upon the table, any statements relating to the bill appear at this 
point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3214) was agreed to.
  The committee amendment, as amended, was agreed to.
  The bill was considered read a third time and passed as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 765) entitled ``An Act to ensure maintenance of a herd 
     of wild horses in Cape Lookout National Seashore.'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert:

     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,
       ``(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.''.

                          ____________________