
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC459g-4]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
         SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
 
Sec. 459g-4. Administration; public outdoor recreation and 
        enjoyment; utilization of authorities for conservation and 
        development of natural resources
        
    (a) The Secretary shall administer the Cape Lookout National 
Seashore for the general purposes of public outdoor recreation, 
including conservation of natural features contributing to public 
enjoyment. In the administration of the seashore and the administrative 
site, the Secretary may utilize such statutory authorities relating to 
areas administered and supervised by the Secretary through the National 
Park Service and such statutory authorities otherwise available to him 
for the conservation and management of natural resources as he deems 
appropriate to carry out the purposes of sections 459g to 459g-7 of this 
title.
    (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.
    (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.

(Pub. L. 89-366, Sec. 5, Mar. 10, 1966, 80 Stat. 35; Pub. L. 105-202, 
Sec. 2, July 16, 1998, 112 Stat. 676; Pub. L. 105-229, Sec. 1, Aug. 13, 
1998, 112 Stat. 1517.)

                       References in Text

    Enactment of this subsection, referred to in subsec. (b)(2), is the 
date of enactment of Pub. L. 105-202, which was approved July 16, 1998, 
and Pub. L. 105-229, which was approved Aug. 13, 1998.


                               Amendments

    1998--Pub. L. 105-202 and Pub. L. 105-229 amended section 
identically, designating existing provisions as subsec. (a) and adding 
subsec. (b).

                  Section Referred to in Other Sections

    This section is referred to in sections 459g-1, 459g-2, 459g-5, 
459g-7 of this title.
