Emigrant Wilderness Historical Use Preservation Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emigrant Wilderness Historical Use 
Preservation Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to ensure that--
            (1) an increasing population within the vicinity of the 
        Emigrant Wilderness of Stanislaus National Forest in the State 
        of California may continue to enjoy the traditional variety of 
        appropriate wilderness uses and practices, including a 
        wilderness equestrian experience of pack and saddle stock use, 
        consistent with protecting untrammeled and unimpaired 
        wilderness character;
            (2) the Federal land comprising the Emigrant Wilderness 
        retains wilderness character consistent with the time of 
        designation and that changes in use levels and social 
        preferences are not allowed to displace historical and 
        traditional uses, including recreational commercial services 
        provided by pack stock stations, which existed at the time of 
        designation; and
            (3) future generations of Americans continue to have the 
        opportunity to enjoy the variety of traditional wilderness 
        experiences, including a true wilderness equestrian experience, 
        consistent with what existed when the Emigrant Wilderness was 
        designated.

SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO 
              CERTAIN FEDERAL LAND.

    (a) Preservation of Historical Equestrian Activities and Level of 
Use.--The Secretary shall take such actions as may be necessary to 
ensure that, within the area designated as the Emigrant Wilderness, all 
pack and saddle stock use, including commercial pack and saddle stock 
services, are recognized as appropriate wilderness activities, along 
with their associated effect on soil, water, and vegetation. Conditions 
of camps, trails, and grazing areas, at the time of designation, should 
be considered an acceptable benchmark level for monitoring the 
preservation of wilderness character. No action shall be taken to limit 
or exclude pack and saddle stock without an appropriate environmental 
analysis with an express finding that it is necessary to limit or 
exclude pack and saddle stock, or modify stock practices, in order to 
preserve the wilderness character of the area to that which existed at 
the time of the designation of the Emigrant Wilderness.
    (b) Types of Activities and Impact.--The historical use and 
activities in the Emigrant Wilderness, including commercial outfitting 
and guiding, camping, pack stock grazing, and associated campsites, 
campfires, tent locations, and social trails, are traditional uses that 
are consistent with and part of an unconfined recreational experience, 
and the signs of use created by these historical uses are to be 
considered substantially unnoticeable and acceptable as long as they do 
not exceed the level present at the time of wilderness designation. The 
Secretary shall take such actions to ensure that these traditional uses 
do not result in impacts that are greater than those experienced at the 
time the Emigrant Wilderness was designated.
    (c) Emigrant Wilderness Plan.--Not later than 3 years after the 
date of the enactment of this Act, the Secretary shall complete an 
updated wilderness plan to incorporate management direction for the 
preservation of pack and saddle stock use and all legally acceptable 
recreational uses within the Emigrant Wilderness, including 
establishing the following:
            (1) Desired future conditions that recognize normal and 
        expected pack and saddle stock use impacts as an accepted 
        component of the wilderness character of the area.
            (2) Standards, and guidelines for pack and saddle stock 
        that use ``leave no trace'' or gentle use principles for pack 
        and saddle stock in the future consistent with past historical 
        pack and saddle stock use practices and impacts.
            (3) Indicators, thresholds, and triggers for managing 
        future pack and saddle stock use commensurate with other uses 
        and that recognize the acceptability of historical use and 
        impacts of pack and saddle stock.
            (4) A user capacity for pack and saddle stock use, 
        including commercial pack and saddle stock services, 
        commensurate with minimum levels necessary to ensure continued 
        opportunity for a wilderness equestrian experience while 
        preserving the overall wilderness character of the Emigrant 
        Wilderness. Such user capacity shall recognize the number of 
        stock necessary to support the typical extended family group 
        size that frequent the Emigrant Wilderness, including 
        commercial service support, and shall not limit group sizes to 
        fewer than 15 people and 25 head of stock, inclusive of 
        commercial service outfitters and guides.
            (5) A needs assessment that sets as a baseline the level of 
        commercial services that existed at the time of designation.
    (d) Commercial Pack and Saddle Stock Services.--
            (1) In general.--The Secretary of Agriculture shall--
                    (A) continue to authorize commercial pack and 
                saddle stock services within the Emigrant Wilderness 
                consistent with commercial use within that area that 
                existed as of the date of the original designation of 
                the Emigrant Wilderness on January 3, 1975;
                    (B) specify the level of use, allotted user days, 
                and activities by commercial outfitters and guides 
                within that area in the Wilderness Plan; and
                    (C) continue to issue authorizations to provide 
                commercial services for commercial stock operations 
                within the Emigrant Wilderness at historic levels 
                consistent with this Act.
            (2) Levels of use.--Historical levels of commercial use, as 
        established at the time of the designation of the Emigrant 
        Wilderness, are considered within the normal range of 
        acceptability for stock numbers and impacts and are considered 
        the minimum extent necessary for realizing the recreational and 
        other purposes of the area. Pack and saddle stock commercial 
        use may be allowed to increase above current authorized use 
        levels, and at levels consistent with increases in other 
        traditional uses, after a finding in an appropriate 
        environmental analysis that the wilderness character of the 
        area is being protected. Current outfitter and guide special 
        use permits may be reauthorized without environmental analysis 
        to incorporate direction from the wilderness plan developed 
        pursuant to subsection (c).
    (e) Limitations.--Nothing in subsections (a) through (e) shall be 
construed to--
            (1) authorize the Secretary to issue or 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;
            (2) 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
            (3) create a preference for one recreational use over 
        another for the Emigrant Wilderness, without consideration of 
        the stated purpose of this area as stated in the Wilderness 
        Act, PL88-577, and specific legislation establishing the 
        Emigrant Wilderness.
    (f) Definitions.--For the purposes of this Act:
            (1) Emigrant wilderness.--The term ``Emigrant Wilderness'' 
        means the Emigrant Wilderness of Stanislaus National Forest in 
        the State of California, as originally designated by section 
        2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note) 
        and expanded by section 101(a)(9) of Public Law 98-425 (98 
        Stat. 1620; 16 U.S.C. 1132 note).
            (2) Secretary.--The term ``Secretary'' means 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.''.

Summary: Emigrant Wilderness Historical Use Preservation Act - (Sec. 3) Requires the Secretary of Agriculture (USDA) to ensure that all pack and saddle stock uses within the Emigrant Wilderness of Stanislaus National Forest in California are recognized as appropriate wilderness activities, including the effect on soil, water, and vegetation. Prohibits any action from being taken to limit or exclude pack and saddle stock without an environmental analysis with a finding that the actions are necessary to preserve the wilderness character of the area to that which existed at the time of the designation. States that historical uses and activities, including commercial outfitting and guiding, camping, pack stock grazing; and associated campfires, tent locations, and social trails are traditional uses. Requires signs of use created by these activities to be considered substantially unnoticeable and acceptable as long as they do not exceed the level present at the time of the designation. Requires the USDA to take actions to ensure that these levels are not exceeded.  Direct the USDA to complete an updated wilderness plan to preserve pack and saddle stock use and all legally acceptable recreational uses within the area. Specifies requirements for the plan.  Requires the USDA to continue to authorize commercial pack and saddle stock services and issue authorizations to provide commercial services for commercial stock operations within the area at historic levels. Requires the USDA to specify levels of use, user days, and activities by commercial outfitters and guides.