108TH CONGRESS

2D SESSION H. R. 2966

AN ACT

To preserve the use and access of pack and saddle

purposes.historical tradition of such use, and for otherService, or the Forest Service where there is aagement, the United States Fish and WildlifeNational Park Service, the Bureau of Land Mancifically designated areas, administered by theness areas, national monuments, and other spestock animals on public lands, including wilder-

108TH CONGRESS

2D SESSION H. R. 2966

AN ACT

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Right-to-Ride Live5 stock on Federal Lands Act of 2004’’.

6 SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS

7 ON PUBLIC LANDS.

8 (a) NATIONAL PARK SYSTEM LANDS.—Section 12 of

9 Public Law 91–383 (16 U.S.C. 1a–7) is amended by add10 ing at the end the following new subsection:

11 ‘‘(c) USE AND ACCESS OF PACK AND SADDLE ANI12 MALS.—

13 ‘‘(1) GENERAL RULE.—The Secretary of the

14 Interior shall provide for the management of Na15 tional Park System lands to preserve and facilitate

16 the continued use and access of pack and saddle

17 stock animals on such lands, including wilderness

18 areas, national monuments, and other specifically

19 designated areas, where there is a historical tradi20 tion of such use. As a general rule, all trails, routes,

21 and areas used by pack and saddle stock shall re22 main open and accessible for such use. The Sec23 retary may implement a proposed reduction in the

24 use and access of pack and saddle stock animals on

25 such lands only after complying with the full review
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1 process required under the National Environmental

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(2) RULES OF CONSTRUCTION.—Nothing in

4 paragraph (1) shall be construed—

5 ‘‘(A) to authorize the Secretary to refuse

6 to issue a permit for a new use of pack and

7 saddle stock animals, including use by a com8 mercial outfitter or guide, without complying

9 with applicable resource management plans and

10 planning processes required under this Act or

11 any other provision of law;

12 ‘‘(B) to limit the authority of the Secretary

13 to impose a temporary emergency closure of a

14 trail, route, or area to pack and saddle stock

15 animals or issue special permits; or

16 ‘‘(C) to create a preference for one rec17 reational use for any unit of the National Park

18 System, without consideration of the stated

19 purpose of the unit.’’.

20 (b) BUREAU OF LAND MANAGEMENT LANDS.—Sec21 tion 302 of the Federal Land Policy and Management Act

22 of 1976 (43 U.S.C. 1732) is amended by adding at the

23 end the following new subsection:

24 ‘‘(e) USE AND ACCESS OF PACK AND SADDLE ANI25 MALS.—
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1 ‘‘(1) GENERAL RULE.—The Secretary shall pro2 vide for the management of public lands to preserve

3 and facilitate the continued use and access of pack

4 and saddle stock animals on such lands, including

5 wilderness areas, national monuments, and other

6 specifically designated areas, where there is a histor7 ical tradition of such use. As a general rule, all

8 trails, routes, and areas used by pack and saddle

9 stock shall remain open and accessible for such use.

10 The Secretary may implement a proposed reduction

11 in the use and access of pack and saddle stock ani12 mals on such lands only after complying with the

13 full review process required under the National En14 vironmental Policy Act of 1969 (42 U.S.C. 4321 et

15 seq.).

16 ‘‘(2) RULES OF CONSTRUCTION.—Nothing in

17 paragraph (1) shall be construed—

18 ‘‘(A) to authorize the Secretary to refuse

19 to issue a permit for a new use of pack and

20 saddle stock animals, including use by a com21 mercial outfitter or guide, without complying

22 with applicable resource management plans and

23 planning processes required under this Act or

24 any other provision of law;
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1 ‘‘(B) to limit the authority of the Secretary

2 to impose a temporary emergency closure of a

3 trail, route, or area to pack and saddle stock

4 animals or issue special permits; or

5 ‘‘(C) to create a preference for one rec6 reational use for any area of the public lands,

7 without consideration of the stated purpose of

8 the area.’’.

9 (c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.—

10 Section 4(d) of the National Wildlife Refuge System Ad11 ministration Act of 1966 (16 U.S.C. 668dd(d)) is amend12 ed by adding at the end the following new paragraph:

13 ‘‘(5)(A) The Secretary shall provide for the manage14 ment of System lands to preserve and facilitate the contin15 ued use and access of pack and saddle stock animals on

16 such lands, including wilderness areas, national monu17 ments, and other specifically designated areas, where there

18 is a historical tradition of such use. As a general rule,

19 all trails, routes, and areas used by pack and saddle stock

20 shall remain open and accessible for such use. The Sec21 retary may implement a proposed reduction in the use and

22 access of pack and saddle stock animals on such lands only

23 after complying with the full review process required under

24 the National Environmental Policy Act of 1969 (42 U.S.C.

25 4321 et seq.).
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1 ‘‘(B) Nothing in subparagraph (A) shall be

2 construed—

3 ‘‘(i) to authorize the Secretary to refuse to

4 issue a permit for a new use of pack and saddle

5 stock animals, including use by a commercial out6 fitter or guide, without complying with applicable re7 source management plans and planning processes re8 quired under this Act or any other provision of law;

9 ‘‘(ii) to limit the authority of the Secretary to

10 impose a temporary emergency closure of a trail,

11 route, or area to pack and saddle stock animals or

12 issue special permits; or

13 ‘‘(iii) to create a preference for one recreational

14 use for any unit of the System, without consider15 ation of the stated purpose of the unit.’’.

16 (d) NATIONAL FOREST SYSTEM LANDS.—Section 15

17 of the Forest and Rangeland Renewable Resources Plan18 ning Act of 1974 (16 U.S.C. 1613) is amended—

19 (1) by inserting ‘‘(a)’’ before ‘‘REGULATIONS’’;

20 and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(b) USE AND ACCESS OF PACK AND SADDLE ANI24 MALS.—
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1 ‘‘(1) GENERAL RULE.—The Secretary shall pro2 vide for the management of National Forest System

3 lands to preserve and facilitate the continued use

4 and access of pack and saddle stock animals on such

5 lands, including wilderness areas, national monu6 ments, and other specifically designated areas, where

7 there is a historical tradition of such use. As a gen8 eral rule, all trails, routes, and areas used by pack

9 and saddle stock shall remain open and accessible

10 for such use. The Secretary may implement a pro11 posed reduction in the use and access of pack and

12 saddle stock animals on such lands only after com13 plying with the full review process required under

14 the National Environmental Policy Act of 1969 (42

15 U.S.C. 4321 et seq.).

16 ‘‘(2) RULES OF CONSTRUCTION.—Nothing in

17 paragraph (1) shall be construed—

18 ‘‘(A) to authorize the Secretary to refuse

19 to issue a permit for a new use of pack and

20 saddle stock animals, including use by a com21 mercial outfitter or guide, without complying

22 with applicable resource management plans and

23 planning processes required under this Act or

24 any other provision of law;
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1 ‘‘(B) to limit the authority of the Secretary

2 to impose a temporary emergency closure of a

3 trail, route, or area to pack and saddle stock

4 animals or issue special permits; or

5 ‘‘(C) to create a preference for one rec6 reational use for any unit of the National For7 est System, without consideration of the stated

8 purpose of the unit.’’.

9 (e) ISSUANCE OF RULES.—Not later than 120 days

10 after the date of the enactment of this Act, the Secretary

11 of the Interior and the Secretary of Agriculture shall issue

12 final rules to define the meaning of a historical tradition

13 of use of pack and saddle stock animals on Federal lands

14 for purposes of the amendments made by this section.

Passed the House of Representatives September 21,

2004.

Attest:

Clerk.