IB 

Union Calendar No. 442 

113TH CONGRESS 

2D SESSION H. R. 3606 

[Report No. 113–595] 

To preserve the opportunity for pack and saddle stock that are part of 

the history and character of traditional uses, practices and access within 

the Emigrant Wilderness of Stanislaus National Forest in the State 

of California as appropriate within the wilderness designation, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2013 

Mr. MCCLINTOCK (for himself, Mr. STEWART, and Mr. NUNES) introduced 

the following bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 15, 2014 

Additional sponsor: Mr. DENHAM

SEPTEMBER 15, 2014 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 21, 2013] 


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A BILL 

To preserve the opportunity for pack and saddle stock that 

are part of the history and character of traditional uses, 

practices and access within the Emigrant Wilderness of 

Stanislaus National Forest in the State of California 

as appropriate within the wilderness designation, 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 ‘‘Emigrant Wilderness 

5 Historical Use Preservation Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are to ensure that— 

8 (1) an increasing population within the vicinity 

9 of the Emigrant Wilderness of Stanislaus National 

10 Forest in the State of California may continue to 

11 enjoy the traditional variety of appropriate wilder12 ness uses and practices, including a wilderness eques13 trian experience of pack and saddle stock use, con14 sistent with protecting untrammeled and unimpaired 

15 wilderness character; 

16 (2) the Federal land comprising the Emigrant 

17 Wilderness retains wilderness character consistent 

18 with the time of designation and that changes in use 

19 levels and social preferences are not allowed to dis20 place historical and traditional uses, including rec21 reational commercial services provided by pack stock 

22 stations, which existed at the time of designation; and 

23 (3) future generations of Americans continue to 

24 have the opportunity to enjoy the variety of tradi25 tional wilderness experiences, including a true wilderVerDate Sep 11 2014 02:22 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3606.RH H3606

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1 ness equestrian experience, consistent with what ex2 isted when the Emigrant Wilderness was designated. 

3 SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN AC4 TIVITIES AND ACCESS TO CERTAIN FEDERAL 

5 LAND. 

6 (a) PRESERVATION OF HISTORICAL EQUESTRIAN AC7 TIVITIES AND LEVEL OF USE.—The Secretary shall take 

8 such actions as may be necessary to ensure that, within the 

9 area designated as the Emigrant Wilderness, all pack and 

10 saddle stock use, including commercial pack and saddle 

11 stock services, are recognized as appropriate wilderness ac12 tivities, along with their associated effect on soil, water, and 

13 vegetation. Conditions of camps, trails, and grazing areas, 

14 at the time of designation, should be considered an accept15 able benchmark level for monitoring the preservation of wil16 derness character. No action shall be taken to limit or ex17 clude pack and saddle stock without an appropriate envi18 ronmental analysis with an express finding that it is nec19 essary to limit or exclude pack and saddle stock, or modify 

20 stock practices, in order to preserve the wilderness character 

21 of the area to that which existed at the time of the designa22 tion of the Emigrant Wilderness. 

23 (b) TYPES OF ACTIVITIES AND IMPACT.—The histor24 ical use and activities in the Emigrant Wilderness, includ25 ing commercial outfitting and guiding, camping, pack stock 


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1 grazing, and associated campsites, campfires, tent locations, 

2 and social trails, are traditional uses that are consistent 

3 with and part of an unconfined recreational experience, 

4 and the signs of use created by these historical uses are to 

5 be considered substantially unnoticeable and acceptable as 

6 long as they do not exceed the level present at the time of 

7 wilderness designation. The Secretary shall take such ac8 tions to ensure that these traditional uses do not result in 

9 impacts that are greater than those experienced at the time 

10 the Emigrant Wilderness was designated. 

11 (c) EMIGRANT WILDERNESS PLAN.—Not later than 3 

12 years after the date of the enactment of this Act, the Sec13 retary shall complete an updated wilderness plan to incor14 porate management direction for the preservation of pack 

15 and saddle stock use and all legally acceptable recreational 

16 uses within the Emigrant Wilderness, including estab17 lishing the following: 

18 (1) Desired future conditions that recognize nor19 mal and expected pack and saddle stock use impacts 

20 as an accepted component of the wilderness character 

21 of the area. 

22 (2) Standards, and guidelines for pack and sad23 dle stock that use ‘‘leave no trace’’ or gentle use prin24 ciples for pack and saddle stock in the future conVerDate Sep 11 2014 02:22 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3606.RH H3606

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1 sistent with past historical pack and saddle stock use 

2 practices and impacts. 

3 (3) Indicators, thresholds, and triggers for man4 aging future pack and saddle stock use commensurate 

5 with other uses and that recognize the acceptability of 

6 historical use and impacts of pack and saddle stock. 

7 (4) A user capacity for pack and saddle stock 

8 use, including commercial pack and saddle stock serv9 ices, commensurate with minimum levels necessary to 

10 ensure continued opportunity for a wilderness eques11 trian experience while preserving the overall wilder12 ness character of the Emigrant Wilderness. Such user 

13 capacity shall recognize the number of stock necessary 

14 to support the typical extended family group size that 

15 frequent the Emigrant Wilderness, including commer16 cial service support, and shall not limit group sizes 

17 to fewer than 15 people and 25 head of stock, inclu18 sive of commercial service outfitters and guides. 

19 (5) A needs assessment that sets as a baseline the 

20 level of commercial services that existed at the time of 

21 designation. 

22 (d) COMMERCIAL PACK AND SADDLE STOCK SERV23 ICES.— 

24 (1) IN GENERAL.—The Secretary of Agriculture 

25 shall— 


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1 (A) continue to authorize commercial pack 

2 and saddle stock services within the Emigrant 

3 Wilderness consistent with commercial use with4 in that area that existed as of the date of the 

5 original designation of the Emigrant Wilderness 

6 on January 3, 1975; 

7 (B) specify the level of use, allotted user 

8 days, and activities by commercial outfitters and 

9 guides within that area in the Wilderness Plan; 

10 and 

11 (C) continue to issue authorizations to pro12 vide commercial services for commercial stock 

13 operations within the Emigrant Wilderness at 

14 historic levels consistent with this Act. 

15 (2) LEVELS OF USE.—Historical levels of com16 mercial use, as established at the time of the designa17 tion of the Emigrant Wilderness, are considered with18 in the normal range of acceptability for stock num19 bers and impacts and are considered the minimum 

20 extent necessary for realizing the recreational and 

21 other purposes of the area. Pack and saddle stock 

22 commercial use may be allowed to increase above cur23 rent authorized use levels, and at levels consistent 

24 with increases in other traditional uses, after a find25 ing in an appropriate environmental analysis that 


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1 the wilderness character of the area is being protected. 

2 Current outfitter and guide special use permits may 

3 be reauthorized without environmental analysis to in4 corporate direction from the wilderness plan devel5 oped pursuant to subsection (c). 

6 (e) LIMITATIONS.—Nothing in subsections (a) through 

7 (e) shall be construed to— 

8 (1) authorize the Secretary to issue or refuse to 

9 issue a permit for a new use of pack and saddle stock 

10 animals, including use by a commercial outfitter or 

11 guide, without complying with applicable resource 

12 management plans and planning processes required 

13 under this Act or any other provision of law; 

14 (2) limit the authority of the Secretary to impose 

15 a temporary emergency closure of a trail, route, or 

16 area to pack and saddle stock animals or issue special 

17 permits; or 

18 (3) create a preference for one recreational use 

19 over another for the Emigrant Wilderness, without 

20 consideration of the stated purpose of this area as 

21 stated in the Wilderness Act, PL88–577, and specific 

22 legislation establishing the Emigrant Wilderness. 

23 (f) DEFINITIONS.—For the purposes of this Act: 

24 (1) EMIGRANT WILDERNESS.—The term ‘‘Emi25 grant Wilderness’’ means the Emigrant Wilderness of 


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1 Stanislaus National Forest in the State of California, 

2 as originally designated by section 2(b) of Public Law 

3 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note) and ex4 panded by section 101(a)(9) of Public Law 98–425 

5 (98 Stat. 1620; 16 U.S.C. 1132 note). 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Agriculture. 

Amend the title so as to read: ‘‘A bill to preserve the 

opportunity for pack and saddle stock that are part of 

the history and character of traditional uses, practices 

and access within the Emigrant Wilderness of Stanislaus 

National Forest in the State of California as appropriate 

within the wilderness designation, and for other purposes.’’. 


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Union Calendar No. 442 

113TH CONGRESS 

2D SESSION H. R. 3606 

[Report No. 113–595] 

A BILL 

To preserve the opportunity for pack and saddle 

purposes. within the wilderness designation, and for other Forest in the State of California as appropriate the Emigrant Wilderness of Stanislaus National of traditional uses, practices and access within stock that are part of the history and character 

SEPTEMBER 15, 2014 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 02:22 Sep 16, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H3606.RH H3606

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