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[House Report 108-513]
[From the U.S. Government Publishing Office]

108th Congress                                            Rept. 108-513
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================

 
          RIGHT-TO-RIDE LIVESTOCK ON FEDERAL LANDS ACT OF 2004

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2966]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2966) to preserve the use and access of pack and saddle 
stock animals on public lands, including wilderness areas, 
national monuments, and other specifically designated areas, 
administered by the National Park Service, the Bureau of Land 
Management, the United States Fish and Wildlife Service, or the 
Forest Service where there is a historical tradition of such 
use, and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Right-to-Ride Livestock on Federal 
Lands Act of 2004''.

SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LANDS.

  (a) National Park System Lands.--Section 12 of Public Law 91-383 (16 
U.S.C. 1a-7) is amended by adding at the end the following new 
subsection:
  ``(c) Use and Access of Pack and Saddle Animals.--
          ``(1) General rule.--The Secretary of the Interior shall 
        provide for the management of National Park System lands to 
        preserve and facilitate the continued use and access of pack 
        and saddle stock animals on such lands, including wilderness 
        areas, national monuments, and other specifically designated 
        areas, where there is a historical tradition of such use. As a 
        general rule, all trails, routes, and areas used by pack and 
        saddle stock shall remain open and accessible for such use. The 
        Secretary may implement a proposed reduction in the use and 
        access of pack and saddle stock animals on such lands only 
        after complying with the full review process required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          ``(2) Rules of construction.--Nothing in paragraph (1) shall 
        be construed--
                  ``(A) to authorize the Secretary to refuse to issue a 
                permit for a new use of pack and saddle stock animals, 
                including use by a commercial outfitter or guide, 
                without complying with applicable resource management 
                plans and planning processes required under this Act or 
                any other provision of law;
                  ``(B) to limit the authority of the Secretary to 
                impose a temporary emergency closure of a trail, route, 
                or area to pack and saddle stock animals or issue 
                special permits; or
                  ``(C) to create a preference for one recreational use 
                for any unit of the National Park System, without 
                consideration of the stated purpose of the unit.''.
  (b) Bureau of Land Management Lands.--Section 302 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by adding 
at the end the following new subsection:
  ``(e) Use and Access of Pack and Saddle Animals.--
          ``(1) General rule.--The Secretary shall provide for the 
        management of public lands to preserve and facilitate the 
        continued use and access of pack and saddle stock animals on 
        such lands, including wilderness areas, national monuments, and 
        other specifically designated areas, where there is a 
        historical tradition of such use. As a general rule, all 
        trails, routes, and areas used by pack and saddle stock shall 
        remain open and accessible for such use. The Secretary may 
        implement a proposed reduction in the use and access of pack 
        and saddle stock animals on such lands only after complying 
        with the full review process required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          ``(2) Rules of construction.--Nothing in paragraph (1) shall 
        be construed--
                  ``(A) to authorize the Secretary to refuse to issue a 
                permit for a new use of pack and saddle stock animals, 
                including use by a commercial outfitter or guide, 
                without complying with applicable resource management 
                plans and planning processes required under this Act or 
                any other provision of law;
                  ``(B) to limit the authority of the Secretary to 
                impose a temporary emergency closure of a trail, route, 
                or area to pack and saddle stock animals or issue 
                special permits; or
                  ``(C) to create a preference for one recreational use 
                for any area of the public lands, without consideration 
                of the stated purpose of the area.''.
  (c) National Wildlife Refuge System Lands.--Section 4(d) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(d)) is amended by adding at the end the following new paragraph:
  ``(5)(A) The Secretary shall provide for the management of System 
lands to preserve and facilitate the continued use and access of pack 
and saddle stock animals on such lands, including wilderness areas, 
national monuments, and other specifically designated areas, where 
there is a historical tradition of such use. As a general rule, all 
trails, routes, and areas used by pack and saddle stock shall remain 
open and accessible for such use. The Secretary may implement a 
proposed reduction in the use and access of pack and saddle stock 
animals on such lands only after complying with the full review process 
required under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
  ``(B) Nothing in subparagraph (A) shall be construed--
          ``(i) to authorize the Secretary to refuse to issue a permit 
        for a new use of pack and saddle stock animals, including use 
        by a commercial outfitter or guide, without complying with 
        applicable resource management plans and planning processes 
        required under this Act or any other provision of law;
          ``(ii) to limit the authority of the Secretary to impose a 
        temporary emergency closure of a trail, route, or area to pack 
        and saddle stock animals or issue special permits; or
          ``(iii) to create a preference for one recreational use for 
        any unit of the System, without consideration of the stated 
        purpose of the unit.''.
  (d) National Forest System Lands.--Section 15 of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1613) is 
amended--
          (1) by inserting ``(a)'' before ``Regulations''; and
          (2) by adding at the end the following new subsection:
  ``(b) Use and Access of Pack and Saddle Animals.--
          ``(1) General rule.--The Secretary shall provide for the 
        management of National Forest System lands to preserve and 
        facilitate the continued use and access of pack and saddle 
        stock animals on such lands, including wilderness areas, 
        national monuments, and other specifically designated areas, 
        where there is a historical tradition of such use. As a general 
        rule, all trails, routes, and areas used by pack and saddle 
        stock shall remain open and accessible for such use. The 
        Secretary may implement a proposed reduction in the use and 
        access of pack and saddle stock animals on such lands only 
        after complying with the full review process required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          ``(2) Rules of construction.--Nothing in paragraph (1) shall 
        be construed--
                  ``(A) to authorize the Secretary to refuse to issue a 
                permit for a new use of pack and saddle stock animals, 
                including use by a commercial outfitter or guide, 
                without complying with applicable resource management 
                plans and planning processes required under this Act or 
                any other provision of law;
                  ``(B) to limit the authority of the Secretary to 
                impose a temporary emergency closure of a trail, route, 
                or area to pack and saddle stock animals or issue 
                special permits; or
                  ``(C) to create a preference for one recreational use 
                for any unit of the National Forest System, without 
                consideration of the stated purpose of the unit.''.
  (e) Issuance of Rules.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture shall issue final rules to define the meaning of a 
historical tradition of use of pack and saddle stock animals on Federal 
lands for purposes of the amendments made by this section.

                          Purpose of the Bill

    The purpose of H.R. 2966 is to preserve the use and access 
of pack and saddle stock animals on public lands, including 
wilderness areas, national monuments, and other specifically 
designated areas, administered by the National Park Service, 
the Bureau of Land Management, the United States Fish and 
Wildlife Service, or the Forest Service where there is a 
historical tradition of such use.

                  Background and Need for Legislation

    The need for this legislation arises from the perceived 
land use climate in existence today where ``management by 
closure'' is the desired outcome by those who would seek to 
deny specific uses access to our public lands. This bill 
directs the Secretary of the relevant department to provide for 
the management of public lands to preserve and facilitate the 
continued use and access of pack and saddle stock animals on 
such lands, including wilderness areas, national monuments, and 
other specifically designated areas, where there is a 
historical tradition of such use. Not later than 120 days after 
the date of the enactment of this Act, the relevant Secretaries 
shall issue final rules to define the meaning of a historical 
tradition of use of pack and saddle stock animals on federal 
lands. The Secretaries' authority to implement emergency 
closures is not compromised, nor is their ability to implement 
a temporary or permanent reduction in the use and access of 
pack and saddle stock animals on such lands after complying 
with the full review process required under the National 
Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.). The 
bill also makes clear its purpose is not to promote one form of 
recreation over another; rather, it is to recognize the 
historic and cultural contributions of pack and saddle stock on 
our public lands above simply recreational use. The bill would 
require the proceeding provisions to be employed on lands 
administered by the National Park Service, the Bureau of Land 
Management, the United States Fish and Wildlife Service, and 
the Forest Service.

                            Committee Action

    H.R. 2966 was introduced by Congressman George Radanovich 
(R-CA) on July 25, 2003. The bill was referred primarily to the 
Committee on Resources and in addition to the Committee on 
Agriculture. Within the Resources Committee, the bill was 
referred to the Subcommittees, on National Parks Recreation and 
Public Lands; Forests and Forest Health; and Fisheries 
Conservation, Wildlife, and Oceans. On September 30, 2003, the 
Subcommittee on National Parks, Recreation and Public Lands 
held a hearing on the bill. On March 22, 2004, the Subcommittee 
met to mark up the bill. Mr. Radanovich offered an amendment in 
the nature of a substitute that made a number of technical 
changes recommended by the Administration to the original text. 
The amendment was agreed to by voice vote. The bill as amended 
was forwarded to the Full Resources Committee by voice vote. On 
May 5, 2004, the Full Committee on Resources met to consider 
the bill. The Subcommittees on Forests and Forest Health and 
Fisheries Conservation, Wildlife, and Oceans were discharged 
from further consideration of the bill by unanimous consent. No 
further amendments were offered, and the bill, as amended, was 
ordered favorably reported to the House of Representatives by 
voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 13, 2004.
Hon. Richard W. Pompo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2966, the Right-
to-Ride Livestock on Federal Lands Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 2966--Right-to-Ride Livestock on Federal Lands Act of 2004

    H.R. 2966 would direct the Secretary of the Interior and 
the Secretary of Agriculture to issue regulations directing 
federal land management agencies to preserve and facilitate the 
continued use and access of pack and saddle stock animals on 
the lands they administer. Under the bill, as a general rule, 
trails and areas now used by pack and saddle stock animals 
would remain open and accessible for such use.
    Based on information from the Department of the Interior 
and the Forest Service, CBO estimates that those agencies would 
spend less than $500,000 in 2005 to develop regulations under 
H.R. 2966, assuming the availability of appropriated funds. We 
also estimate that implementing those regulations would not 
significantly affect costs to manage federal lands. Enacting 
the bill would not affect direct spending or revenues.
    H.R. 2966 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                SECTION 12 OF THE ACT OF AUGUST 18, 1970

                          (Public Law 91-383)

AN ACT To improve the administration of the national park system by the 
Secretary of the Interior, and to clarify the authorities applicable to 
the system, and for other purposes.

           *       *       *       *       *       *       *

  Sec. 12. (a) * * *

           *       *       *       *       *       *       *

  (c) Use and Access of Pack and Saddle Animals.--
          (1) General rule.--The Secretary of the Interior 
        shall provide for the management of National Park 
        System lands to preserve and facilitate the continued 
        use and access of pack and saddle stock animals on such 
        lands, including wilderness areas, national monuments, 
        and other specifically designated areas, where there is 
        a historical tradition of such use. As a general rule, 
        all trails, routes, and areas used by pack and saddle 
        stock shall remain open and accessible for such use. 
        The Secretary may implement a proposed reduction in the 
        use and access of pack and saddle stock animals on such 
        lands only after complying with the full review process 
        required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (2) Rules of construction.--Nothing in paragraph (1) 
        shall be construed--
                  (A) to authorize the Secretary to refuse to 
                issue a permit for a new use of pack and saddle 
                stock animals, including use by a commercial 
                outfitter or guide, without complying with 
                applicable resource management plans and 
                planning processes required under this Act or 
                any other provision of law;
                  (B) to limit the authority of the Secretary 
                to impose a temporary emergency closure of a 
                trail, route, or area to pack and saddle stock 
                animals or issue special permits; or
                  (C) to create a preference for one 
                recreational use for any unit of the National 
                Park System, without consideration of the 
                stated purpose of the unit.
                              ----------                              

   SECTION 302 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

             MANAGEMENT OF USE, OCCUPANCY, AND DEVELOPMENT

  Sec. 302. (a) * * *

           *       *       *       *       *       *       *

  (e) Use and Access of Pack and Saddle Animals.--
          (1) General rule.--The Secretary shall provide for 
        the management of public lands to preserve and 
        facilitate the continued use and access of pack and 
        saddle stock animals on such lands, including 
        wilderness areas, national monuments, and other 
        specifically designated areas, where there is a 
        historical tradition of such use. As a general rule, 
        all trails, routes, and areas used by pack and saddle 
        stock shall remain open and accessible for such use. 
        The Secretary may implement a proposed reduction in the 
        use and access of pack and saddle stock animals on such 
        lands only after complying with the full review process 
        required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (2) Rules of construction.--Nothing in paragraph (1) 
        shall be construed--
                  (A) to authorize the Secretary to refuse to 
                issue a permit for a new use of pack and saddle 
                stock animals, including use by a commercial 
                outfitter or guide, without complying with 
                applicable resource management plans and 
                planning processes required under this Act or 
                any other provision of law;
                  (B) to limit the authority of the Secretary 
                to impose a temporary emergency closure of a 
                trail, route, or area to pack and saddle stock 
                animals or issue special permits; or
                  (C) to create a preference for one 
                recreational use for any area of the public 
                lands, without consideration of the stated 
                purpose of the area.
                              ----------                              

SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 
                                  1966

  Sec. 4. (a) * * *

           *       *       *       *       *       *       *

  (d)(1) * * *

           *       *       *       *       *       *       *

  (5)(A) The Secretary shall provide for the management of 
System lands to preserve and facilitate the continued use and 
access of pack and saddle stock animals on such lands, 
including wilderness areas, national monuments, and other 
specifically designated areas, where there is a historical 
tradition of such use. As a general rule, all trails, routes, 
and areas used by pack and saddle stock shall remain open and 
accessible for such use. The Secretary may implement a proposed 
reduction in the use and access of pack and saddle stock 
animals on such lands only after complying with the full review 
process required under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
  (B) Nothing in subparagraph (A) shall be construed--
          (i) to authorize the Secretary to refuse to issue a 
        permit for a new use of pack and saddle stock animals, 
        including use by a commercial outfitter or guide, 
        without complying with applicable resource management 
        plans and planning processes required under this Act or 
        any other provision of law;
          (ii) to limit the authority of the Secretary to 
        impose a temporary emergency closure of a trail, route, 
        or area to pack and saddle stock animals or issue 
        special permits; or
          (iii) to create a preference for one recreational use 
        for any unit of the System, without consideration of 
        the stated purpose of the unit.

           *       *       *       *       *       *       *

                              ----------                              

SECTION 15 OF THE FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT 
                                OF 1974

  Sec. 15. (a) Regulations.--The Secretary of Agriculture shall 
prescribe such regulations as he determines necessary and 
desirable to carry out the provisions of this Act.
  (b) Use and Access of Pack and Saddle Animals.--
          (1) General rule.--The Secretary shall provide for 
        the management of National Forest System lands to 
        preserve and facilitate the continued use and access of 
        pack and saddle stock animals on such lands, including 
        wilderness areas, national monuments, and other 
        specifically designated areas, where there is a 
        historical tradition of such use. As a general rule, 
        all trails, routes, and areas used by pack and saddle 
        stock shall remain open and accessible for such use. 
        The Secretary may implement a proposed reduction in the 
        use and access of pack and saddle stock animals on such 
        lands only after complying with the full review process 
        required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (2) Rules of construction.--Nothing in paragraph (1) 
        shall be construed--
                  (A) to authorize the Secretary to refuse to 
                issue a permit for a new use of pack and saddle 
                stock animals, including use by a commercial 
                outfitter or guide, without complying with 
                applicable resource management plans and 
                planning processes required under this Act or 
                any other provision of law;
                  (B) to limit the authority of the Secretary 
                to impose a temporary emergency closure of a 
                trail, route, or area to pack and saddle stock 
                animals or issue special permits; or
                  (C) to create a preference for one 
                recreational use for any unit of the National 
                Forest System, without consideration of the 
                stated purpose of the unit.

                                  
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