[105th Congress Public Law 229]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ229.105]


[[Page 112 STAT. 1517]]

Public Law 105-229
105th Congress

                                 An Act


 
To ensure maintenance of a herd of wild horses in Cape Lookout National 
            Seashore. <<NOTE: Aug. 13, 1998 -  [H.R. 765]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Public information.>> 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.

[[Page 112 STAT. 1518]]

    ``(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.''.

    Approved August 13, 1998.

LEGISLATIVE HISTORY--H.R. 765:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-179 (Comm. on Resources).
SENATE REPORTS: No. 105-115 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 143 (1997):
                                    July 22, considered and passed 
                                        House.
                                                        Vol. 144 (1998):
                                    July 17, considered and passed 
                                        Senate, amended.
                                    Aug. 3, House concurred in Senate 
                                        amendment.

                                  <all>