[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2966 Referred in Senate (RFS)]

  2d Session
                                H. R. 2966


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2004

   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 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 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 September 21, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.