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Union Calendar No. 111

105TH CONGRESS

1ST SESSION H. R. 765

[Report No. 105–179]

To ensure maintenance of a herd of wild horses in Cape Lookout National

Seashore.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. JONES introduced the following bill; which was referred to the Committee

on Resources

JULY 14, 1997

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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’’.
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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

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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.’’.
Union Calendar No. 111

105TH CONGRESS

1ST SESSION H. R. 765

[Report No. 105–179]

A BILL

To ensure maintenance of a herd of wild horses in

Cape Lookout National Seashore.

JULY 14, 1997

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed