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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shackleford Banks
Wild Horses Protection Act’’.
HR 765 RS
SEC. 2. 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 (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 sub-
section, shall allow a herd of free roaming horses in the
seashore.
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a nonprofit cor-
poration established under the laws of the State of North
Carolina) to provide for management of free roaming
horses in the seashore. The agreement shall—
‘‘(A) provide for cost-effective management of
the horses; and
‘‘(B) allow the Foundation to adopt any of
those horses that the Secretary removes from the
seashore.
‘‘(3)(A) The Secretary shall accommodate the historic
population level of the free roaming horse herd in the sea-
shore, which shall be considered to be not less than 100
horses and not more than 110 horses.
HR 765 RS
‘‘(B) The Secretary may not remove, or assist in or
permit the removal of, any free roaming horses from Fed-
eral lands within the boundaries of the seashore unless—
‘‘(i) the number of free roaming horses in the
seashore exceeds 110;
‘‘(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement
under paragraph (2); or
‘‘(iii) there is concern for the persistence and
viability of the horse population that is cited in the
most recent findings of annual monitoring of the
horses under paragraph (4).
‘‘(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 as
creating liability for the United States for any damages
caused by the free roaming horses to property located in-
side or outside the boundaries of the seashore.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shackleford Banks Wild
Horses Protection Act’’.
HR 765 RS
SEC. 2. 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 sub-
section, shall allow a herd of free-roaming horses in Cape
Lookout National Seashore (hereinafter referred to as the
‘Seashore’).
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a non-profit cor-
poration established under the laws of the State of North
Carolina), or another qualified non-profit 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 sea-
shore.
HR 765 RS
‘‘(3) The Secretary shall not remove, assist in, or per-
mit 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 popu-
lation structure and health of the free-roaming horses in
the national seashore.
‘‘(5) 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.’’.
Passed the House of Representatives July 22, 1997.
Attest:
ROBIN H. CARLE,
Clerk.