```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 765 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

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.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 765

_______________________________________________________________________

                               AMENDMENT
```