Calendar No. 229

105TH CONGRESS

1ST SESSION H. R. 765

[Report No. 105–115]

AN ACT

To ensure maintenance of a herd of wild horses in

Cape Lookout National Seashore.

OCTOBER 28, 1997

Reported with an amendment
II

Calendar No. 229

105TH CONGRESS

1ST SESSION H. R. 765

[Report No. 105–115]

IN THE SENATE OF THE UNITED STATES

JULY 23, 1997

Received

SEPTEMBER 3, 1997

Read twice and referred to the Committee on Energy and Natural Resources

OCTOBER 28, 1997

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To ensure maintenance of a herd of wild horses in Cape

Lookout National Seashore.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Shackleford Banks

5 Wild Horses Protection Act’’.
2

HR 765 RS

1 SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT

2 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 (16 U.S.C. 459g–4), is amended

7 by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’, and by adding at the

8 end the following new subsection:

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

11 seashore.

12 ‘‘(2) Within 180 days after enactment of this sub13 section, the Secretary shall enter into an agreement with

14 the Foundation for Shackleford Horses (a nonprofit cor15 poration established under the laws of the State of North

16 Carolina) to provide for management of free roaming

17 horses in the seashore. The agreement shall—

18 ‘‘(A) provide for cost-effective management of

19 the horses; and

20 ‘‘(B) allow the Foundation to adopt any of

21 those horses that the Secretary removes from the

22 seashore.

23 ‘‘(3)(A) The Secretary shall accommodate the historic

24 population level of the free roaming horse herd in the sea25 shore, which shall be considered to be not less than 100

26 horses and not more than 110 horses.
3

HR 765 RS

1 ‘‘(B) The Secretary may not remove, or assist in or

2 permit the removal of, any free roaming horses from Fed3 eral lands within the boundaries of the seashore unless—

4 ‘‘(i) the number of free roaming horses in the

5 seashore exceeds 110;

6 ‘‘(ii) there is an emergency or a need to protect

7 public health and safety, as defined in the agreement

8 under paragraph (2); or

9 ‘‘(iii) there is concern for the persistence and

10 viability of the horse population that is cited in the

11 most recent findings of annual monitoring of the

12 horses under paragraph (4).

13 ‘‘(4) The Secretary shall annually monitor, assess,

14 and make available to the public findings regarding the

15 population structure and health of the free roaming horses

16 in the national seashore.

17 ‘‘(5) Nothing in this subsection shall be construed as

18 creating liability for the United States for any damages

19 caused by the free roaming horses to property located in20 side or outside the boundaries of the seashore.’’.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Shackleford Banks Wild

23 Horses Protection Act’’.
4

HR 765 RS

1 SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT

2 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 free-roaming horses in Cape

11 Lookout National Seashore (hereinafter referred to as the

12 ‘Seashore’).

13 ‘‘(2) Within 180 days after enactment of this sub14 section, the Secretary shall enter into an agreement with

15 the Foundation for Shackleford Horses (a non-profit cor16 poration established under the laws of the State of North

17 Carolina), or another qualified non-profit entity, to provide

18 for management of free-roaming horses in the seashore. The

19 agreement shall—

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

21 horses while ensuring that natural resources within

22 the seashore are not adversely impacted; and,

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

24 those horses that the Secretary removes from the sea25 shore.
5

HR 765 RS

1 ‘‘(3) The Secretary shall not remove, assist in, or per2 mit the removal of any free-roaming horses from Federal

3 lands within the boundaries of the seashore—

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

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

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

7 to meet the terms and conditions of the agreement; or

8 ‘‘(B) unless the number of free-roaming horses on

9 Federal lands within Cape Lookout National Seashore

10 exceeds 110; or

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

12 protect public health and safety.

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

14 make available to the public findings regarding the popu15 lation structure and health of the free-roaming horses in

16 the national seashore.

17 ‘‘(5) Nothing in this subsection shall be construed as

18 creating liability for the United States for any damages

19 caused by the free-roaming horses to property located inside

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

Passed the House of Representatives July 22, 1997.

Attest: ROBIN H. CARLE,

Clerk.