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H.R. 765 (105th): Shackleford Banks Wild Horses Protection Act

The text of the bill below is as of Oct 28, 1997 (Reported by Senate Committee).


HR 765 RS

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 Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Shackleford Banks Wild Horses Protection Act’. [<-Struck out]

[Struck out->] SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL SEASHORE. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

    [Struck out->]

    ‘(b)(1) The Secretary, in accordance with this subsection, shall allow a herd of free roaming horses in the seashore. [<-Struck out]

    [Struck out->]

    ‘(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) to provide for management of free roaming horses in the seashore. The agreement shall-- [<-Struck out]

      [Struck out->]

      ‘(A) provide for cost-effective management of the horses; and [<-Struck out]

      [Struck out->]

      ‘(B) allow the Foundation to adopt any of those horses that the Secretary removes from the seashore. [<-Struck out]

    [Struck out->]

    ‘(3)(A) The Secretary shall accommodate the historic population level of the free roaming horse herd in the seashore, which shall be considered to be not less than 100 horses and not more than 110 horses. [<-Struck out]

    [Struck out->]

    ‘(B) The Secretary may not remove, or assist in or permit the removal of, any free roaming horses from Federal lands within the boundaries of the seashore unless-- [<-Struck out]

      [Struck out->]

      ‘(i) the number of free roaming horses in the seashore exceeds 110; [<-Struck out]

      [Struck out->]

      ‘(ii) there is an emergency or a need to protect public health and safety, as defined in the agreement under paragraph (2); or [<-Struck out]

      [Struck out->]

      ‘(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). [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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.’. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Shackleford Banks Wild Horses Protection Act’.

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 subsection, 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 subsection, the Secretary shall enter into an agreement with the Foundation for Shackleford Horses (a non-profit corporation 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 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.

    ‘(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.