[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Page H6912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SHACKLEFORD BANKS WILD HORSES PROTECTION ACT

  Mr. JONES. Mr. Speaker, I move to suspend the rules and concur in the 
Senate amendment to the bill (H.R. 765) to ensure maintenance of a herd 
of wild horses in Cape Lookout National Seashore.
  The Clerk read as follows:

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Jones) and the gentleman from American Samoa (Mr. 
Faleomavaega) 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. Mr. Speaker, I would like to first thank my colleagues and 
staff in the House, the Senate, and the White House for helping secure 
passage of this important legislation. The Shackleford Banks Wild Horse 
Protection Act requires the National Park Service to work in alliance 
with a nonprofit entity to maintain a herd of no less than 100 horses, 
a number consistent with the number of horses on the island when the 
Park Service assumed ownership. H.R. 765 is needed to preserve this 
historically rich herd of wild horses.
  It was my intent and the Committee on Resources' intent to designate 
the Foundation for Shackleford Banks as the nonprofit agency to work 
with the Park Service. The Senate concurred by passing its version, 
also. Throughout the process, the foundation was listed in the 
legislation further indicating Congress' intent. I am confident that 
the foundation, as listed in the legislation, and the Park Service will 
develop a long-range management plan for the horses.
  Again, I would like to thank my colleagues and ask for their support 
for H.R. 765.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. 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. FALEOMAVAEGA. Mr. Speaker, H.R. 765 introduced by the gentleman 
from North Carolina (Mr. Jones), a member of the Committee on 
Resources, requires the National Park Service to maintain a herd of 
wild horses on Shackleford Banks at Cape Lookout National Seashore. On 
July 16, 1998, President Clinton signed Public Law 105-202, the Peace 
Garden Memorial extension. Included as part of that law was language 
that is identical to the gentleman's bill, which is H.R. 765.
  Mr. Speaker, I do want to highly commend my good friend and colleague 
from North Carolina for his ingenuity in seeing that although this has 
already become law but I think for reassurances to make sure that the 
gentleman's horses on Shackleford are duly protected. I want to commend 
the gentleman for his persistence in making sure that this matter is 
going to be taken care of. I say to my colleagues that this matter has 
been addressed, although I think it is good that we need to give this 
reinforcement in the process. I thank my good friend from North 
Carolina for his persistence in this bill.
  I urge my colleagues to support this legislation, H.R. 765.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JONES. Mr. Speaker, 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 concur in the Senate amendment to the bill, H.R. 765.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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