[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3606 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3606

To permit certain activities to be conducted on Federal land within the 
   Emigrant Wilderness of Stanislaus National Forest in the State of 
California at the level at which such activities were conducted on such 
    land before the wilderness designation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2013

Mr. McClintock (for himself, Mr. Stewart, and Mr. Nunes) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To permit certain activities to be conducted on Federal land within the 
   Emigrant Wilderness of Stanislaus National Forest in the State of 
California at the level at which such activities were conducted on such 
    land before the wilderness designation, 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 ``Emigrant Wilderness Historical Use 
Preservation Act of 2013''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to ensure that--
            (1) an increasing population within the vicinity of the 
        Emigrant Wilderness of Stanislaus National Forest in the State 
        of California does not cause the Emigrant Wilderness to lose 
        its untrammeled and unimpaired wilderness character;
            (2) the Federal land comprising the Emigrant Wilderness 
        retains the types of activities and level of access the land 
        had when the land was designated as wilderness; and
            (3) future generations of Americans continue to have the 
        opportunity for a true wilderness experience consistent with 
        what existed when the Emigrant Wilderness was designated.

SEC. 3. CONTINUATION OF HISTORICAL ACTIVITIES AND ACCESS TO FEDERAL 
              LAND COMPRISING EMIGRANT WILDERNESS, STANISLAUS NATIONAL 
              FOREST, CALIFORNIA.

    (a) In General.--This section modifies and supplements the 
provisions of law otherwise applicable to the Emigrant Wilderness of 
Stanislaus National Forest in the State of California, as originally 
designated by section 2(b) of Public Law 93-632 (88 Stat. 2154; 16 
U.S.C. 1132 note) and expanded by section 101(a)(9) of Public Law 98-
425 (98 Stat. 1620; 16 U.S.C. 1132 note) (in this section referred to 
as the ``Emigrant Wilderness'').
    (b) Preservation of Historical Activities and Level of Use.--The 
Secretary of Agriculture shall take such actions as may be necessary to 
ensure that, within the area designated as the Emigrant Wilderness, the 
level of use, allotted user days, and activities by commercial 
outfitters and guides within that area shall not rise above or be 
restricted below the historical level of use, allotted user days, and 
activities by commercial outfitters and guides within that area that 
existed as of the date of the original designation of the Emigrant 
Wilderness on January 3, 1975.
    (c) Types of Activities and Impact.--The historical use and 
activities in the Emigrant Wilderness, including commercial outfitting 
and guiding, camping, pack stock grazing, and campfires, are 
traditional uses that are consistent with and part of an unconfined 
recreational experience, and the signs of use created by these 
historical uses are to be considered substantially unnoticeable and 
acceptable as long as they do not exceed the level present at the time 
of wilderness designation. The Secretary of Agriculture shall take such 
actions to ensure that these traditional uses neither exceed nor are 
restricted below the level of use at the time the Emigrant Wilderness 
was designated, as required by subsection (b).
    (d) Commercial Pack and Saddle Stock Use.--Because commercial pack 
and saddle stock use existed at the time the Emigrant Wilderness was 
designated, the level of this use at the time of designation is the 
extent necessary for these traditional activities and will not be 
allowed to exceed or be reduced below the highest level of such use in 
the preceding 10 years.
    (e) Historical Use of Trails, Roads, Paths, Campsites, Meadows, and 
Cross-Country Areas.--The historical use of trails, roads, paths, 
campsites, meadows, and cross-country areas in the Emigrant Wilderness 
by recreational and commercial pack and saddle stock, including horses, 
mules, donkeys, and ponies, shall be allowed to continue. The uses 
include travel on designated system trails and historic user trails, as 
well as cross-country travel, grazing, camping, campsites, and 
campfires.
    (f) Drift Fences.--The use of drift fences that are in existence as 
of the date of the enactment of this Act or were previously in 
existence at the time of designation of the Emigrant Wilderness shall 
be allowed and maintained.
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