(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.
Structure US Code
CHAPTER 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII— NATIONAL SEASHORE RECREATIONAL AREAS
§ 459a. Acceptance of donations; acquisition of property by purchase and condemnation
§ 459a–1. Administration, protection, and development; commercial fishing by residents; hunting
§ 459a–3. Migratory bird refuges not to be affected
§ 459a–5. Addition of lands; Naval Amphibious Training Station
§ 459a–5a. Addition of lands; Hatteras
§ 459a–6. Acquisition of non-Federal land within boundaries of recreational area
§ 459a–7. Availability of appropriations
§ 459a–8. Limitation on expenditure
§ 459a–10. Transfer of Ocracoke Light Station to Secretary of the Interior
§ 459b. Cape Cod National Seashore; description of area
§ 459b–1. Acquisition of property
§ 459b–3. Acquisition by condemnation
§ 459b–5. Certificate of suspension of authority for acquisition by condemnation
§ 459b–6. Administration of acquired property
§ 459b–7. Cape Cod National Seashore Advisory Commission
§ 459b–8. Authorization of appropriations
§ 459c. Point Reyes National Seashore; purposes; authorization for establishment
§ 459c–2. Acquisition of property
§ 459c–4. Point Reyes National Seashore
§ 459c–5. Owner’s reservation of right of use and occupancy for fixed term of years or life
§ 459c–6. Administration of property
§ 459c–6a. The Clem Miller Environmental Education Center; designation
§ 459c–6b. Cooperation with utilities district; land use and occupancy; terms and conditions
§ 459c–7. Authorization of appropriations; restriction on use of land
§ 459d. Padre Island National Seashore; description of land and waters
§ 459d–1. Acquisition of property
§ 459d–3. Reservation of oil, gas, and other minerals
§ 459d–5. Roadways to access highways from mainland
§ 459d–7. Authorization of appropriations
§ 459e. Fire Island National Seashore
§ 459e–1. Acquisition of property
§ 459e–4. Hunting and fishing regulations
§ 459e–5. Acceptance of donations
§ 459e–6. Administration, protection, and development
§ 459e–7. Shore erosion control or beach protection measures; Fire Island inlet
§ 459e–9. Authorization of appropriations
§ 459e–10. Authority to accept donation of William Floyd Estate
§ 459e–12. Administration of property of William Floyd Estate; detached unit
§ 459f. Assateague Island National Seashore; purposes; description of area
§ 459f–1. Acquisition of property
§ 459f–2. Compensation for bridge construction costs; acquisition of land for park purposes
§ 459f–3. Establishment of Seashore; notice in Federal Register
§ 459f–4. Hunting and fishing provisions
§ 459f–5. Administration of Seashore
§ 459f–7. Beach erosion control and hurricane protection
§ 459f–10. Authorization of appropriations
§ 459f–11. Comprehensive plan for protection, management, and use of seashore
§ 459g–1. Acquisition of property
§ 459g–2. Establishment; notice in Federal Register; copies to Congress
§ 459g–3. Hunting and fishing provisions
§ 459g–5. Shore erosion control or beach protection measures
§ 459g–7. Authorization of appropriations; master plan to Congressional committees; time; contents
§ 459h. Gulf Islands National Seashore
§ 459h–1. Acquisition of property
§ 459h–2. Designation of hunting and fishing zones; regulation of maritime activities
§ 459h–3. Rights-of-way or easements for transportation of oil and gas minerals
§ 459h–8. Authority of Department of Army or Chief of Engineers over navigation or related matters
§ 459h–10. Authorization of appropriations
§ 459i–2. Cumberland Island Parkway; right-of-way; administration; regulations
§ 459i–3. Acquisition of property
§ 459i–5. Administration, protection, and development
§ 459i–6. State and local jurisdiction
§ 459i–7. Water resource developments
§ 459i–9. Authorization of appropriations
§ 459j. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area
§ 459j–4. Administration, protection, and development
§ 459j–5. Canaveral National Seashore Advisory Commission
§ 459j–8. Authorization of appropriations; reports to Congressional committees