A bill to extend the legislative authority for construction of the National Peace Garden memorial, and for other purposes.
PL 105-202 (S.731), enacted 07/16/1998

112 STAT. 676 
PUBLIC LAW 105-202^JULY 16, 1998 
Public Law 105-202 
105th Congress 
July 16, 1998 
[S. 731] 
40 use 1003 
note. 
North Carolina. 
Contracts. 
An Act 
To extend the legislative authority for construction of the National Peace Garden 
memorial, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, That notwith-
standing section 10(b) of Pubhc Law 99-652 and section 1(a) of 
PubUc Law 103-321, the legislative authority for the National Peace 
Garden shall extend through June 30, 2002. 
SEC. 2. MAINTENANCE 
OF 
WELD HORSES 
IN 
CAPE 
LOOKOUT 
NATIONAL SEASHORE. 
Section 5 of the Act entitled "An Act to provide for the estabhsh-
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 Secretcuy 
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. "Hie 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. 
PUBLIC LAW 105-202^JULY 16, 1998 
112 STAT. 677 
"(4) The Secretary shall annually monitor, assess, and make Public 
available to the public findings regarding the population, structure, 
information. 
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 bound-
aries of the seashore.". 
Approved July 16, 1998. 
LEGISLATIVE HISTORY—S. 731: 
HOUSE REPORTS: No. 105-362 (Comm. on Resources). 
SENATE REPORTS: No. 105-40 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): July 11, considered and passed Senate. 
Nov. 13, considered and passed House, amended. 
Vol. 144 (1998): June 25, Senate concurred in House amendment.