§ 459g-4. — Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
