In the Senate of the United States,

July 17, 1998.

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:

1 SECTION 1. MAINTENANCE OF WILD HORSES IN CAPE

2 LOOKOUT NATIONAL SEASHORE.

3 Section 5 of the Act entitled ‘‘An Act to provide for

4 the establishment of the Cape Lookout National Seashore

5 in the State of North Carolina, and for other purposes’’,

6 approved March 10, 1966 (Public Law 89–366; 16 U.S.C.

7 459g–4), is amended by inserting ‘‘(a)’’ after ‘‘Sec. 5.’’, and

8 by adding at the end the following new subsection:

9 ‘‘(b)(1) The Secretary, in accordance with this sub10 section, shall allow a herd of 100 free roaming horses in

11 Cape Lookout National Seashore (hereinafter referred to as
2

HR 765 EAS

1 the ‘Seashore’): Provided, That nothing in this section shall

2 be construed to preclude the Secretary from implementing

3 or enforcing the provisions of paragraph (3).

4 ‘‘(2) Within 180 days after enactment of this sub5 section, the Secretary shall enter into an agreement with

6 the Foundation for Shackleford Horses (a nonprofit cor7 poration established under the laws of the State of North

8 Carolina), or another qualified nonprofit entity, to provide

9 for management of free roaming horses in the seashore. The

10 agreement shall—

11 ‘‘(A) provide for cost-effective management of the

12 horses while ensuring that natural resources within

13 the seashore are not adversely impacted; and,

14 ‘‘(B) allow the authorized entity to adopt any of

15 those horses that the Secretary removes from the sea16 shore.

17 ‘‘(3) The Secretary shall not remove, assist in, or per18 mit the removal of any free roaming horses from Federal

19 lands within the boundaries of the seashore—

20 ‘‘(A) unless the entity with whom the Secretary

21 has entered into the agreement under paragraph (2),

22 following notice and a 90-day response period, fails

23 to meet the terms and conditions of the agreement; or
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1 ‘‘(B) unless the number of free roaming horses on

2 Federal lands within Cape Lookout National Seashore

3 exceeds 110; or

4 ‘‘(C) except in the case of an emergency, or to

5 protect public health and safety.

6 ‘‘(4) The Secretary shall annually monitor, assess, and

7 make available to the public findings regarding the popu8 lation, structure, and health of the free roaming horses in

9 the national seashore.

10 ‘‘(5) Nothing in this subsection shall be construed to

11 require the Secretary to replace horses or otherwise increase

12 the number of horses within the boundaries of the seashore

13 where the herd numbers fall below 100 as a result of natural

14 causes, including, but not limited to, disease or natural dis15 asters.

16 ‘‘(6) Nothing in this subsection shall be construed as

17 creating liability for the United States for any damages

18 caused by the free roaming horses to property located inside

19 or outside the boundaries of the seashore.’’.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION H. R. 765

AMENDMENT