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16 U.S.C. § 459g–4Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources

submitted 60 years ago by Pub. L. 89-366 to r/title-16-CONSERVATION · 459 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior runs Cape Lookout National Seashore for outdoor recreation and conservation. The law also requires keeping at least 110 free-roaming horses there, managed under an agreement with a nonprofit partner, with narrow rules for when horses can be removed.

(a) The Secretary of the Interior must run Cape Lookout National Seashore mainly for public outdoor recreation, including protecting the natural features people enjoy. The Secretary can use any legal power available for managing National Park Service land, or any other power for conserving natural resources, whenever it helps meet the goals of this group of sections. (b)(1) The Secretary must allow a herd of free-roaming horses at the Seashore. The herd must never drop below 110 horses, and the goal is to keep it between 120 and 130. This does not stop the Secretary from enforcing paragraph (3), below. (2) Within 180 days after July 16, 1998, the Secretary had to sign an agreement with the Foundation for Shackleford Horses, or another qualified nonprofit, to manage the horses. That agreement must (A) manage the horses in a cost-effective way without hurting the Seashore's natural resources, and (B) let the nonprofit adopt any horses the Secretary removes. (3) The Secretary cannot remove, help remove, or allow anyone else to remove free-roaming horses from federal land in the Seashore unless one of three things is true: (A) the nonprofit partner failed to meet the agreement's terms, after getting notice and 90 days to respond; or (B) the removal is part of a plan to keep the herd healthy; or (C) it's an emergency or needed to protect public health and safety. (4) Each year, the Secretary must study the horses' population, structure, and health, and share the findings with the public. (5) If natural causes — such as disease or a natural disaster — drop the herd below 110 horses, the Secretary does not have to replace them or otherwise grow the herd back up. (6) The United States is not liable for any damage the free-roaming horses cause to property, whether that property is inside or outside the Seashore's boundaries.
the actual law source: uscode.house.gov ↗public domain
(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 not less than 110 free roaming horses, with a target population of between 120 and 130 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 July 16, 1998, 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 removal is carried out as part of a plan to maintain the viability of the herd; 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 110 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.

Source credit: (Pub. L. 89–366, § 5, Mar. 10, 1966, 80 Stat. 35; Pub. L. 105–202, § 2, July 16, 1998, 112 Stat. 676; Pub. L. 105–229, § 1, Aug. 13, 1998, 112 Stat. 1517; Pub. L. 109–117, § 1, Dec. 1, 2005, 119 Stat. 2526.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-366 · 80 Stat. 35
  • 1998Amended · Pub. L. 105-202 · 112 Stat. 676
  • 1998Amended · Pub. L. 105-229 · 112 Stat. 1517
  • 2005Amended · Pub. L. 109-117 · 119 Stat. 2526

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-366 on 1966-03-10.

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