[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3606 Reported in House (RH)]
Union Calendar No. 442
113th CONGRESS
2d Session
H. R. 3606
[Report No. 113-595]
To preserve the opportunity for pack and saddle stock that are part of
the history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in the
State of California as appropriate within 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
September 15, 2014
Additional sponsor: Mr. Denham
September 15, 2014
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 21, 2013]
_______________________________________________________________________
A BILL
To preserve the opportunity for pack and saddle stock that are part of
the history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in the
State of California as appropriate within 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''.
SEC. 2. PURPOSES.
The purposes of this Act are to ensure that--
(1) an increasing population within the vicinity of the
Emigrant Wilderness of Stanislaus National Forest in the State
of California may continue to enjoy the traditional variety of
appropriate wilderness uses and practices, including a
wilderness equestrian experience of pack and saddle stock use,
consistent with protecting untrammeled and unimpaired
wilderness character;
(2) the Federal land comprising the Emigrant Wilderness
retains wilderness character consistent with the time of
designation and that changes in use levels and social
preferences are not allowed to displace historical and
traditional uses, including recreational commercial services
provided by pack stock stations, which existed at the time of
designation; and
(3) future generations of Americans continue to have the
opportunity to enjoy the variety of traditional wilderness
experiences, including a true wilderness equestrian experience,
consistent with what existed when the Emigrant Wilderness was
designated.
SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO
CERTAIN FEDERAL LAND.
(a) Preservation of Historical Equestrian Activities and Level of
Use.--The Secretary shall take such actions as may be necessary to
ensure that, within the area designated as the Emigrant Wilderness, all
pack and saddle stock use, including commercial pack and saddle stock
services, are recognized as appropriate wilderness activities, along
with their associated effect on soil, water, and vegetation. Conditions
of camps, trails, and grazing areas, at the time of designation, should
be considered an acceptable benchmark level for monitoring the
preservation of wilderness character. No action shall be taken to limit
or exclude pack and saddle stock without an appropriate environmental
analysis with an express finding that it is necessary to limit or
exclude pack and saddle stock, or modify stock practices, in order to
preserve the wilderness character of the area to that which existed at
the time of the designation of the Emigrant Wilderness.
(b) Types of Activities and Impact.--The historical use and
activities in the Emigrant Wilderness, including commercial outfitting
and guiding, camping, pack stock grazing, and associated campsites,
campfires, tent locations, and social trails, 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 shall take such actions to ensure that these traditional uses
do not result in impacts that are greater than those experienced at the
time the Emigrant Wilderness was designated.
(c) Emigrant Wilderness Plan.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall complete an
updated wilderness plan to incorporate management direction for the
preservation of pack and saddle stock use and all legally acceptable
recreational uses within the Emigrant Wilderness, including
establishing the following:
(1) Desired future conditions that recognize normal and
expected pack and saddle stock use impacts as an accepted
component of the wilderness character of the area.
(2) Standards, and guidelines for pack and saddle stock
that use ``leave no trace'' or gentle use principles for pack
and saddle stock in the future consistent with past historical
pack and saddle stock use practices and impacts.
(3) Indicators, thresholds, and triggers for managing
future pack and saddle stock use commensurate with other uses
and that recognize the acceptability of historical use and
impacts of pack and saddle stock.
(4) A user capacity for pack and saddle stock use,
including commercial pack and saddle stock services,
commensurate with minimum levels necessary to ensure continued
opportunity for a wilderness equestrian experience while
preserving the overall wilderness character of the Emigrant
Wilderness. Such user capacity shall recognize the number of
stock necessary to support the typical extended family group
size that frequent the Emigrant Wilderness, including
commercial service support, and shall not limit group sizes to
fewer than 15 people and 25 head of stock, inclusive of
commercial service outfitters and guides.
(5) A needs assessment that sets as a baseline the level of
commercial services that existed at the time of designation.
(d) Commercial Pack and Saddle Stock Services.--
(1) In general.--The Secretary of Agriculture shall--
(A) continue to authorize commercial pack and
saddle stock services within the Emigrant Wilderness
consistent with commercial use within that area that
existed as of the date of the original designation of
the Emigrant Wilderness on January 3, 1975;
(B) specify the level of use, allotted user days,
and activities by commercial outfitters and guides
within that area in the Wilderness Plan; and
(C) continue to issue authorizations to provide
commercial services for commercial stock operations
within the Emigrant Wilderness at historic levels
consistent with this Act.
(2) Levels of use.--Historical levels of commercial use, as
established at the time of the designation of the Emigrant
Wilderness, are considered within the normal range of
acceptability for stock numbers and impacts and are considered
the minimum extent necessary for realizing the recreational and
other purposes of the area. Pack and saddle stock commercial
use may be allowed to increase above current authorized use
levels, and at levels consistent with increases in other
traditional uses, after a finding in an appropriate
environmental analysis that the wilderness character of the
area is being protected. Current outfitter and guide special
use permits may be reauthorized without environmental analysis
to incorporate direction from the wilderness plan developed
pursuant to subsection (c).
(e) Limitations.--Nothing in subsections (a) through (e) shall be
construed to--
(1) authorize the Secretary to issue or 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
provision of law;
(2) limit the authority of the Secretary to impose a
temporary emergency closure of a trail, route, or area to pack
and saddle stock animals or issue special permits; or
(3) create a preference for one recreational use over
another for the Emigrant Wilderness, without consideration of
the stated purpose of this area as stated in the Wilderness
Act, PL88-577, and specific legislation establishing the
Emigrant Wilderness.
(f) Definitions.--For the purposes of this Act:
(1) Emigrant wilderness.--The term ``Emigrant Wilderness''
means 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).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
Amend the title so as to read: ``A bill to preserve the
opportunity for pack and saddle stock that are part of the
history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in
the State of California as appropriate within the wilderness
designation, and for other purposes.''.
Union Calendar No. 442
113th CONGRESS
2d Session
H. R. 3606
[Report No. 113-595]
_______________________________________________________________________
A BILL
To preserve the opportunity for pack and saddle stock that are part of
the history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in the
State of California as appropriate within the wilderness designation,
and for other purposes.
_______________________________________________________________________
September 15, 2014
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed