I 

113TH CONGRESS 

1ST SESSION H. R. 3606 

To permit certain activities to be conducted on Federal land within the 

Emigrant Wilderness of Stanislaus National Forest in the State of California at the level at which such activities were conducted on such 

land before 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 

A BILL 

To permit certain activities to be conducted on Federal land 

within the Emigrant Wilderness of Stanislaus National 

Forest in the State of California at the level at which 

such activities were conducted on such land before the 

wilderness designation, and for other purposes. 

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 of 2013’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to ensure that— 


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1 (1) an increasing population within the vicinity 

2 of the Emigrant Wilderness of Stanislaus National 

3 Forest in the State of California does not cause the 

4 Emigrant Wilderness to lose its untrammeled and 

5 unimpaired wilderness character; 

6 (2) the Federal land comprising the Emigrant 

7 Wilderness retains the types of activities and level of 

8 access the land had when the land was designated 

9 as wilderness; and 

10 (3) future generations of Americans continue to 

11 have the opportunity for a true wilderness experience 

12 consistent with what existed when the Emigrant Wil13 derness was designated. 

14 SEC. 3. CONTINUATION OF HISTORICAL ACTIVITIES AND 

15 ACCESS TO FEDERAL LAND COMPRISING EM16 IGRANT WILDERNESS, STANISLAUS NA17 TIONAL FOREST, CALIFORNIA. 

18 (a) IN GENERAL.—This section modifies and supple19 ments the provisions of law otherwise applicable to the 

20 Emigrant Wilderness of Stanislaus National Forest in the 

21 State of California, as originally designated by section 

22 2(b) of Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 

23 1132 note) and expanded by section 101(a)(9) of Public 

24 Law 98–425 (98 Stat. 1620; 16 U.S.C. 1132 note) (in 

25 this section referred to as the ‘‘Emigrant Wilderness’’). 


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1 (b) PRESERVATION OF HISTORICAL ACTIVITIES AND

2 LEVEL OF USE.—The Secretary of Agriculture shall take 

3 such actions as may be necessary to ensure that, within 

4 the area designated as the Emigrant Wilderness, the level 

5 of use, allotted user days, and activities by commercial 

6 outfitters and guides within that area shall not rise above 

7 or be restricted below the historical level of use, allotted 

8 user days, and activities by commercial outfitters and 

9 guides within that area that existed as of the date of the 

10 original designation of the Emigrant Wilderness on Janu11 ary 3, 1975. 

12 (c) TYPES OF ACTIVITIES AND IMPACT.—The histor13 ical use and activities in the Emigrant Wilderness, includ14 ing commercial outfitting and guiding, camping, pack 

15 stock grazing, and campfires, are traditional uses that are 

16 consistent with and part of an unconfined recreational ex17 perience, and the signs of use created by these historical 

18 uses are to be considered substantially unnoticeable and 

19 acceptable as long as they do not exceed the level present 

20 at the time of wilderness designation. The Secretary of 

21 Agriculture shall take such actions to ensure that these 

22 traditional uses neither exceed nor are restricted below the 

23 level of use at the time the Emigrant Wilderness was des24 ignated, as required by subsection (b). 


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1 (d) COMMERCIAL PACK AND SADDLE STOCK USE.— 

2 Because commercial pack and saddle stock use existed at 

3 the time the Emigrant Wilderness was designated, the 

4 level of this use at the time of designation is the extent 

5 necessary for these traditional activities and will not be 

6 allowed to exceed or be reduced below the highest level 

7 of such use in the preceding 10 years. 

8 (e) HISTORICAL USE OF TRAILS, ROADS, PATHS, 

9 CAMPSITES, MEADOWS, AND CROSS-COUNTRY AREAS.— 

10 The historical use of trails, roads, paths, campsites, mead11 ows, and cross-country areas in the Emigrant Wilderness 

12 by recreational and commercial pack and saddle stock, in13 cluding horses, mules, donkeys, and ponies, shall be al14 lowed to continue. The uses include travel on designated 

15 system trails and historic user trails, as well as cross-coun16 try travel, grazing, camping, campsites, and campfires. 

17 (f) DRIFT FENCES.—The use of drift fences that are 

18 in existence as of the date of the enactment of this Act 

19 or were previously in existence at the time of designation 

20 of the Emigrant Wilderness shall be allowed and main21 tained. 

Æ 


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