[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2283 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2283
To preserve the use and access of pack and saddle stock animals on
public 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2007
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
public 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.
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 ``Preserving our Equine Heritage on
Public Land Act''.
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 (referred
to in this subsection as the `Secretary') shall manage the
National Park System in a manner that preserves and facilitates
the continued use and access of pack and saddle stock animals
at units of the National Park System at 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), National Park System land shall
remain open and accessible to the use of pack and
saddle stock animals.
``(B) Limitation.--
``(i) In general.--The Secretary may
implement a nonemergency reduction in the use
and access of pack and saddle stock animals on
National Park System land after complying
with--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) clauses (ii) through (iv).
``(ii) Public notice and comment.--The
Secretary shall provide to the public advance
notice of proposed reductions in the use and
access of pack and saddle stock animals on
National Park System land to allow for public
comment on the proposed reductions.
``(iii) Public meeting.--After providing
advance notice of the location, date, and time
of the meeting, the Secretary shall conduct a
public meeting at an appropriate location close
to the unit of the National Park System on
which the reduction in pack and saddle stock
access is proposed.
``(iv) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and
saddle stock animals on National Park System
land, the Secretary shall facilitate
collaboration among different recreational
users.
``(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) alters or limits the authority of the
Secretary to issue permits;
``(C) alters or limits the authority of the
Secretary to implement a temporary emergency closure of
a trail, route, or area to pack and saddle stock
animals;
``(D) creates a preference for 1 recreational use
of an area within the National Park System over other
uses without consideration of the stated purpose of the
area; or
``(E) supersedes any other authorizations and
prohibitions in effect on the date of enactment of this
subsection.''.
(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 land
administered by the Bureau of Land Management in a manner that
preserves and facilitates the continued use and access of pack
and saddle stock animals on 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), Bureau of Land Management land shall
remain open and accessible to the use of pack and
saddle stock animals.
``(B) Limitation.--
``(i) In general.--The Secretary may
implement a nonemergency reduction in the use
and access of pack and saddle stock animals on
Bureau of Land Management land after complying
with--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) clauses (ii) through (iv).
``(ii) Public notice and comment.--The
Secretary shall provide to the public advance
notice of proposed reductions in the use and
access of pack and saddle stock animals on
Bureau of Land Management land to allow for
public comment on the proposed reductions.
``(iii) Public meeting.--After providing
advance notice of the location, date, and time
of the meeting, the Secretary shall conduct a
public meeting at an appropriate location close
to the Bureau of Land Management land on which
the reduction in pack and saddle stock access
is proposed.
``(iv) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and
saddle stock animals on Bureau of Land
Management land, the Secretary shall facilitate
collaboration among different recreational
users.
``(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) alters or limits the authority of the
Secretary to issue permits;
``(C) alters or limits the authority of the
Secretary to implement a temporary, emergency closure
of a trail, route, or area to pack and saddle stock
animals;
``(D) creates a preference for 1 recreational use
for any area under the jurisdiction of the Bureau of
Land Management over other uses without consideration
of the stated purpose of the area;
``(E) supersedes the multiple use authority or
policy of an applicable agency; or
``(F) supersedes any other authorizations and
prohibitions in effect on the date of enactment of this
subsection.''.
(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 the
System 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), System land shall remain open and
accessible to the use of pack and saddle stock
animals.
``(ii) Limitation.--
``(I) In general.--The Secretary
may implement a nonemergency reduction
in the use and access of pack and
saddle stock animals on System land
after complying with--
``(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
``(bb) subclauses (II)
through (IV).
``(II) Public notice and comment.--
The Secretary shall provide to the
public advance notice of proposed
reductions in the use and access of
pack and saddle stock animals on System
land to allow for public comment on the
proposed reductions.
``(III) Public meeting.--After
providing advance notice of the
location, date, and time of the
meeting, the Secretary shall conduct a
public meeting at an appropriate
location close to System land on which
the reduction in pack and saddle stock
access is proposed.
``(IV) Public collaboration.--To
encourage meaningful public
participation with respect to
reductions in the use and access of
pack and saddle stock animals on System
land, the Secretary shall facilitate
collaboration among different
recreational users.
``(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 management plans (including a
comprehensive conservation plan, comprehensive
management plan, master plan, or step-down
management plan) and planning processes
required under this Act or any other Federal
law;
``(ii) alters or limits the authority of
the Secretary to issue permits for a compatible
use that is not inconsistent with public
safety;
``(iii) alters or limits the authority of
the Secretary to implement a temporary,
emergency closure of a trail, route, or area to
pack and saddle stock animals;
``(iv) creates a preference for 1
recreational use within any refuge within the
System without consideration of the mission of
the System and the purposes for which the
refuge was established;
``(v) supersedes the conservation authority
or policy of any applicable agency;
``(vi) supersedes the priority of
applicable agencies for compatible wildlife-
dependent recreational uses; or
``(vii) supersedes any other authorizations
and prohibitions in effect on the date of
enactment of this paragraph.''.
(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 (referred to in
this section as the `Secretary') shall manage National Forest System in
a manner that preserves and facilitates the continued use and access of
pack and saddle stock animals on National Forest System land 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),
National Forest System land shall remain open and accessible to
the use of pack and saddle stock animals.
``(2) Limitation.--
``(A) In general.--The Secretary may implement a
nonemergency reduction in the use and access of pack
and saddle stock animals on National Forest System land
after complying with--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(ii) subparagraphs (B) through (D).
``(B) Public notice and comment.--The Secretary
shall provide to the public advance notice of proposed
reductions in the use and access of pack and saddle
stock animals on National Forest System land to allow
for public comment on the proposed reductions.
``(C) Public meeting.--After providing advance
notice of the location, date, and time of the meeting,
the Secretary shall conduct a public meeting at an
appropriate location close to the unit of the National
Forest System on which the reduction in pack and saddle
stock access is proposed.
``(D) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and saddle
stock animals on National Forest System land, the
Secretary shall facilitate collaboration among
different recreational users.
``(c) Effect.--Nothing in this section--
``(1) authorizes the Secretary to refuse to issue a special
use authorization or wilderness permit for a new use of pack
and saddle stock animals, including use by a commercial
outfitter or guide, without complying with applicable land
management plans and planning processes required under this Act
or any other Federal law;
``(2) alters or limits the authority of the Secretary to
issue special use authorizations or wilderness permits;
``(3) alters or limits the authority of the Secretary to
implement a temporary, emergency closure of a trail, route, or
area to pack and saddle stock animals;
``(4) creates a preference for 1 recreational use of an
area within the National Forest System over other uses of the
area;
``(5) supersedes the multiple use authority or policy of an
applicable agency; or
``(6) supersedes any other authorizations and prohibitions
in effect on the date of enactment of this section.''.
(e) Issuance of Policy.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall issue a policy for the Department of the Interior
and the Department of Agriculture, respectively, that defines the term
``historical tradition of the use of pack and saddle stock animals''
for purposes of the amendments made by this section.
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