II 109th CONGRESS 1st Session S. 781 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.

1.

Short title

This Act may be cited as the Right-to-Ride Livestock on Federal Land Act of 2005 .

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:

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.