[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 781 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 781

To preserve the use and access of pack and saddle stock animals on land 
     administered by the National Park Service, the Bureau of Land 
Management, the United States Fish and Wildlife Service, or the Forest 
Service on which there is a historical tradition of the use of pack and 
             saddle stock animals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2005

   Mr. Crapo introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To preserve the use and access of pack and saddle stock animals on land 
     administered by the National Park Service, the Bureau of Land 
Management, the United States Fish and Wildlife Service, or the Forest 
Service on which there is a historical tradition of the use of pack and 
             saddle stock animals, 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 
Land Act of 2005''.

SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LAND.

    (a) National Park System Land.--Section 12 of Public Law 91-383 (16 
U.S.C. 1a-7) is amended by adding at the end the following:
    ``(c) Use and Access of Pack and Saddle Animals.--
            ``(1) In general.--The Secretary of the Interior shall 
        manage National Park System land in a manner that preserves and 
        facilitates the continued use and access of pack and saddle 
        stock animals on National Park System land (including national 
        monuments and other specifically designated areas) on which 
        there is a historical tradition of the use of pack and saddle 
        stock animals.
            ``(2) Use.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the National Park System land 
                described in paragraph (1) shall remain open and 
                accessible to the use of pack and saddle stock animals.
                    ``(B) Limitation.--The Secretary may implement a 
                proposed reduction in the use and access of pack and 
                saddle stock animals on the National Park System land 
                described in paragraph (1) after complying with the 
                full review process required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            ``(3) Effect.--Nothing in this subsection--
                    ``(A) authorizes the Secretary of the Interior 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 Federal law;
                    ``(B) limits the authority of the Secretary of the 
                Interior to--
                            ``(i) impose a temporary emergency closure 
                        of a trail, route, or area to pack and saddle 
                        stock animals; or
                            ``(ii) issue special permits; or
                    ``(C) creates a preference for 1 recreational use 
                for any unit of the National Park System, without 
                consideration of the stated purpose of the unit.''.
    (b) Bureau of Land Management Land.--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:
    ``(e) Use and Access of Pack and Saddle Animals.--
            ``(1) In general.--The Secretary shall manage Bureau of 
        Land Management land in a manner that preserves and facilitates 
        the continued use and access of pack and saddle stock animals 
        on Bureau of Land Management land on which there is a 
        historical tradition of the use of pack and saddle stock 
        animals.
            ``(2) Use.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Bureau of Land Management land 
                described in paragraph (1) shall remain open and 
                accessible to the use of pack and saddle stock animals.
                    ``(B) Limitation.--The Secretary may implement a 
                proposed reduction in the use and access of pack and 
                saddle stock animals on the Bureau of Land Management 
                land described in paragraph (1) after complying with 
                the full review process required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            ``(3) Effect.--Nothing in this subsection--
                    ``(A) authorizes 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 Federal law;
                    ``(B) limits the authority of the Secretary to--
                            ``(i) impose a temporary emergency closure 
                        of a trail, route, or area to pack and saddle 
                        stock animals; or
                            ``(ii) issue special permits; or
                    ``(C) creates a preference for 1 recreational use 
                for any area of the Bureau of Land Management land, 
                without consideration of the stated purpose of the 
                area.''.
    (c) National Wildlife Refuge System Land.--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:
            ``(5) Use and access of pack and saddle animals.--
                    ``(A) In general.--The Secretary shall manage 
                System land in a manner that preserves and facilitates 
                the continued use and access of pack and saddle stock 
                animals on System land on which there is a historical 
                tradition of the use of pack and saddle stock animals.
                    ``(B) Use.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the System land described in 
                        subparagraph (A) shall remain open and 
                        accessible to the use of pack and saddle stock 
                        animals.
                            ``(ii) Limitation.--The Secretary may 
                        implement a proposed reduction in the use and 
                        access of pack and saddle stock animals on the 
                        System land described in subparagraph (A) after 
                        complying with the full review process required 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Effect.--Nothing in this paragraph--
                            ``(i) authorizes 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 Federal law;
                            ``(ii) limits the authority of the 
                        Secretary to--
                                    ``(I) impose a temporary emergency 
                                closure of a trail, route, or area to 
                                pack and saddle stock animals; or
                                    ``(II) issue special permits; or
                            ``(iii) creates a preference for 1 
                        recreational use for any unit of the System, 
                        without consideration of the stated purpose of 
                        the unit.''.
    (d) National Forest System Land.--The Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is 
amended--
            (1) by redesignating section 16 as section 17; and
            (2) by inserting after section 15 the following:

``SEC. 16. USE AND ACCESS OF PACK AND SADDLE ANIMALS.

    ``(a) In General.--The Secretary of Agriculture shall manage 
National Forest System land in a manner that preserves and facilitates 
the continued use and access of pack and saddle stock animals on 
National Forest System land (including wilderness areas, national 
monuments, and other specifically designated areas) on which there is a 
historical tradition of the use of pack and saddle stock animals.
    ``(b) Use.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        National Park System land described in subsection (a) shall 
        remain open and accessible to the use of pack and saddle stock 
        animals.
            ``(2) Limitation.--The Secretary may implement a proposed 
        reduction in the use and access of pack and saddle stock 
        animals on the National Park System land described in 
        subsection (a) after complying with the full review process 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
    ``(c) Effect.--Nothing in this section--
            ``(1) authorizes the Secretary of Agriculture 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 Federal 
        law;
            ``(2) limits the authority of the Secretary of Agriculture 
        to--
                    ``(A) impose a temporary emergency closure of a 
                trail, route, or area to pack and saddle stock animals; 
                or
                    ``(B) issue special permits; or
            ``(3) creates a preference for 1 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 term 
``historical tradition of the use of pack and saddle stock animals'' 
for purposes of the amendments made by this section.
                                 <all>