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 wilder-
ness areas, national monuments, and other spe-
cifically designated areas, administered by the
National Park Service, the Bureau of Land Man-
agement, the United States Fish and Wildlife
Service, or the Forest Service where there is a
historical tradition of such use, and for other
purposes.
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, na-
tional 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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Right-to-Ride Live-
stock 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 add-
ing at the end the following new subsection:
‘‘(c) USE AND ACCESS OF PACK AND SADDLE ANI-
MALS.—
‘‘(1) GENERAL
RULE.—The Secretary of the
Interior shall provide for the management of Na-
tional 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 tradi-
tion of such use. As a general rule, all trails, routes,
and areas used by pack and saddle stock shall re-
main open and accessible for such use. The Sec-
retary 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 com-
mercial 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 rec-
reational use for any unit of the National Park
System, without consideration of the stated
purpose of the unit.’’.
(b) BUREAU OF LAND MANAGEMENT LANDS.—Sec-
tion 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 ANI-
MALS.—
‘‘(1) GENERAL RULE.—The Secretary shall pro-
vide 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 histor-
ical 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 ani-
mals on such lands only after complying with the
full review process required under the National En-
vironmental 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 com-
mercial 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 rec-
reational 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 Ad-
ministration Act of 1966 (16 U.S.C. 668dd(d)) is amend-
ed by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary shall provide for the manage-
ment of System lands to preserve and facilitate the contin-
ued use and access of pack and saddle stock animals on
such lands, including wilderness areas, national monu-
ments, 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 Sec-
retary 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 out-
fitter or guide, without complying with applicable re-
source management plans and planning processes re-
quired 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 consider-
ation of the stated purpose of the unit.’’.
(d) NATIONAL FOREST SYSTEM LANDS.—Section 15
of the Forest and Rangeland Renewable Resources Plan-
ning 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 sub-
section:
‘‘(b) USE AND ACCESS OF PACK AND SADDLE ANI-
MALS.—
‘‘(1) GENERAL RULE.—The Secretary shall pro-
vide 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 monu-
ments, and other specifically designated areas, where
there is a historical tradition of such use. As a gen-
eral 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 pro-
posed reduction in the use and access of pack and
saddle stock animals on such lands only after com-
plying 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 com-
mercial 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 rec-
reational use for any unit of the National For-
est 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.
Passed the House of Representatives September 21,
2004.
Attest:
Clerk.