§ 460m-6. — Freeroaming horses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460m-6]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX--OZARK NATIONAL SCENIC RIVERWAYS
Sec. 460m-6. Free-roaming horses
(a) In general
The Secretary, in accordance with this section, shall allow free-
roaming horses in the Ozark National Scenic Riverways. Within 180 days
after November 12, 1996, the Secretary shall enter into an agreement
with the Missouri Wild Horse League or another qualified nonprofit
entity to provide for management of free-roaming horses. The agreement
shall provide for cost-effective management of the horses and limit
Federal expenditures to the costs of monitoring the agreement. The
Secretary shall issue permits for adequate pastures to accommodate the
historic population level of the free-roaming horse herd, which shall be
not less than the number of horses in existence on November 12, 1996,
nor more than 50.
(b) Removal of horses
The Secretary may not remove, or assist in, or permit the removal of
any free-roaming horses from Federal lands within the boundary of the
Ozark National Scenic Riverways unless--
(1) the entity with whom the Secretary has entered into the
agreement under subsection (a) of this section, following notice and
a 90-day response period, substantially fails to meet the terms and
conditions of the agreement;
(2) the number of free-roaming horses exceeds 50; or
(3) in the case of an emergency or to protect public health and
safety, as defined in the agreement.
(c) Construction; liability of United States
Nothing in this section 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 Ozark National
Scenic Riverways.
(Pub. L. 88-492, Sec. 7, Aug. 27, 1964, 78 Stat. 609; Pub. L. 104-333,
div. I, title VIII, Sec. 803(b), Nov. 12, 1996, 110 Stat. 4186.)
Codification
November 12, 1996, referred to in subsec. (a), was in the original
``enactment of this section'' and ``the date of the enactment of this
section'', respectively, which were translated as meaning the date of
enactment of Pub. L. 104-333, which amended this section generally, to
reflect the probable intent of Congress.
Amendments
1996--Pub. L. 104-333 amended section generally, substituting
provisions relating to free-roaming horses for provisions relating to
Ozark National Scenic Riverways Commission.
