[105th Congress Public Law 202]
[From the U.S. Government Printing Office]
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[DOCID: f:publ202.105]
[[Page 112 STAT. 676]]
Public Law 105-202
105th Congress
An Act
To extend the legislative authority for construction of the National
Peace Garden memorial, and for other purposes. <<NOTE: July 16,
1998 - [S. 731]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: 40 USC 1003
note.>> That notwithstanding section 10(b) of Public Law 99-652 and
section 1(a) of Public Law 103-321, the legislative authority for the
National Peace Garden shall extend through June 30, 2002.
SEC. 2. MAINTENANCE <<NOTE: North Carolina.>> 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 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 <<NOTE: Contracts.>> 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.
[[Page 112 STAT. 677]]
``(4) <<NOTE: Public information.>> 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 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 boundaries of
the seashore.''.
Approved July 16, 1998.
LEGISLATIVE HISTORY--S. 731:
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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.
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