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 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 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. Public information.
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