109th CONGRESS
2d Session
H. R. 586
IN THE SENATE OF THE UNITED STATES
May 17, 2006
Received; read twice and referred to the Committee on Energy and Natural
Resources
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Right-to-Ride Livestock on Federal Lands Act
of 2005'.
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 adding at the end the following new subsection:
`(c) Use and Access of Pack and Saddle Animals-
`(1) GENERAL RULE- The Secretary of the Interior shall provide for the
management of National 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 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 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 commercial
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 recreational use for any unit of
the National Park System, without consideration of the stated purpose
of the unit.'.
(b) Bureau of Land Management Lands- Section 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 Animals-
`(1) GENERAL RULE- The Secretary shall provide 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 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 Secretary 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 commercial
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 recreational 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 Administration Act of 1966 (16 U.S.C. 668dd(d)) is
amended by adding at the end the following new paragraph:
`(5)(A) The Secretary shall provide for the management of 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 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 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 outfitter
or guide, without complying with applicable resource management plans
and planning processes required 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 consideration of the stated purpose of the unit.'.
(d) National Forest System Lands- Section 15 of the Forest and Rangeland
Renewable Resources Planning 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 subsection:
`(b) Use and Access of Pack and Saddle Animals-
`(1) GENERAL RULE- The Secretary shall provide 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 monuments, 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 Secretary 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 commercial
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 recreational use for any unit of
the National Forest 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 May 16, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
