Text: S.731 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 105-202 (07/16/1998)

[105th Congress Public Law 202]
[From the U.S. Government Printing Office]

[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.

    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 
    ``(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.


HOUSE REPORTS: No. 105-362 (Comm. on Resources).
SENATE REPORTS: No. 105-40 (Comm. on Energy and Natural Resources).
                                                        Vol. 143 (1997):
                                    July 11, considered and passed 
                                    Nov. 13, considered and passed 
                                        House, amended.
                                                        Vol. 144 (1998):
                                    June 25, Senate concurred in House