Shackleford Banks Wild Horses Protection Act
PL 105-229 (H.R.765), enacted 08/13/1998

PUBLIC LAW 105-229—AUG. 13, 1998 
112 STAT. 1517 
Public Law 105-229 
105th Congress 
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 Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT 
NATIONAL SEASHORE. 
Section 5 of the Act entitled "An Act to provide for the establish-
ment 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 sub-
section: 
"(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. 
Aug. 13, 1998 
[H.R 765] 
Deadline. 
Contracts. 
PubUc 
information. 
112 STAT. 1518 
PUBLIC LAW 105-229—AUG. 13, 1998 
"(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 bound-
aries of the seashore.". 
Approved August 13, 1998. 
LEGISLATIVE HISTORY—H.R. 765: 
HOUSE REPORTS: No. 105-179 (Comm. on Resources). 
SENATE REPORTS: No. 105-115 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): July 22, considered and passed House. 
Vol. 144 (1998): July 17, considered and passed Senate, amended. 
Aug. 3, House concurred in Senate amendment.