[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.
                                 <all>