[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[House]
[Pages H7259-H7261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          RIGHT-TO-RIDE LIVESTOCK ON FEDERAL LANDS ACT OF 2004

  Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2966) to preserve the use and access of pack and saddle 
stock animals on public lands, including wilderness areas, national 
monuments, and other specifically designated areas, administered by the 
National Park Service, the Bureau of Land Management, the United States 
Fish and Wildlife Service, or the Forest Service where there is a 
historical tradition of such use, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2966

       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 ``Right-to-Ride Livestock on 
     Federal Lands Act of 2004''.

     SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC 
                   LANDS.

       (a) National Park System Lands.--Section 12 of Public Law 
     91-383 (16 U.S.C. 1a-7) is amended by adding at the end the 
     following new subsection:
       ``(c) Use and Access of Pack and Saddle Animals.--
       ``(1) General rule.--The Secretary of the Interior shall 
     provide for the management of National Park System lands to 
     preserve and facilitate the continued use and access of pack 
     and saddle stock animals on such lands, including wilderness 
     areas, national monuments, and other specifically designated 
     areas, where there is a historical tradition of such use. As 
     a general rule, all trails, routes, and areas used by pack 
     and saddle stock shall remain open and accessible for such 
     use. The Secretary may implement a proposed reduction in the 
     use and access of pack and saddle stock animals on such lands 
     only after complying with the full review process required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Rules of construction.--Nothing in paragraph (1) 
     shall be construed--
       ``(A) to authorize 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 
     provision of law;
       ``(B) to 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
       ``(C) to create a preference for one recreational use for 
     any unit of the National Park System, without consideration 
     of the stated purpose of the unit.''.
       (b) Bureau of Land Management Lands.--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 new 
     subsection:
       ``(e) Use and Access of Pack and Saddle Animals.--
       ``(1) General rule.--The Secretary shall provide for the 
     management of public lands to preserve and facilitate the 
     continued use and access of pack and saddle stock animals on 
     such lands, including wilderness areas, national monuments, 
     and other specifically designated

[[Page H7260]]

     areas, where there is a historical tradition of such use. As 
     a general rule, all trails, routes, and areas used by pack 
     and saddle stock shall remain open and accessible for such 
     use. The Secretary may implement a proposed reduction in the 
     use and access of pack and saddle stock animals on such lands 
     only after complying with the full review process required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Rules of construction.--Nothing in paragraph (1) 
     shall be construed--
       ``(A) to authorize 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 
     provision of law;
       ``(B) to 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
       ``(C) to create a preference for one recreational use for 
     any area of the public lands, without consideration of the 
     stated purpose of the area.''.
       (c) National Wildlife Refuge System Lands.--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 new paragraph:
       ``(5)(A) The Secretary shall provide for the management of 
     System lands to preserve and facilitate the continued use and 
     access of pack and saddle stock animals on such lands, 
     including wilderness areas, national monuments, and other 
     specifically designated areas, where there is a historical 
     tradition of such use. As a general rule, all trails, routes, 
     and areas used by pack and saddle stock shall remain open and 
     accessible for such use. The Secretary may implement a 
     proposed reduction in the use and access of pack and saddle 
     stock animals on such lands only after complying with the 
     full review process required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(B) Nothing in subparagraph (A) shall be construed--
       ``(i) to authorize 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 
     provision of law;
       ``(ii) to 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
       ``(iii) to create a preference for one recreational use for 
     any unit of the System, without consideration of the stated 
     purpose of the unit.''.
       (d) National Forest System Lands.--Section 15 of the Forest 
     and Rangeland Renewable Resources Planning Act of 1974 (16 
     U.S.C. 1613) is amended--
       (1) by inserting ``(a)'' before ``Regulations''; and
       (2) by adding at the end the following new subsection:
       ``(b) Use and Access of Pack and Saddle Animals.--
       ``(1) General rule.--The Secretary shall provide for the 
     management of National Forest System lands to preserve and 
     facilitate the continued use and access of pack and saddle 
     stock animals on such lands, including wilderness areas, 
     national monuments, and other specifically designated areas, 
     where there is a historical tradition of such use. As a 
     general rule, all trails, routes, and areas used by pack and 
     saddle stock shall remain open and accessible for such use. 
     The Secretary may implement a proposed reduction in the use 
     and access of pack and saddle stock animals on such lands 
     only after complying with the full review process required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Rules of construction.--Nothing in paragraph (1) 
     shall be construed--
       ``(A) to authorize 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 
     provision of law;
       ``(B) to 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
       ``(C) to create a preference for one 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 meaning of a historical tradition of use 
     of pack and saddle stock animals on Federal lands for 
     purposes of the amendments made by this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico (Mr. Pearce) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from New Mexico (Mr. Pearce).


                             General Leave

  Mr. PEARCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2966, introduced by the gentleman from California 
(Mr. Radanovich), will preserve the use and access of pack and saddle 
stock animals on our public lands where there is a historical tradition 
of such use. Mr. Speaker, the claim may be made by some that the bill 
singles out pack and saddle use and affords it greater consideration 
than other forms of recreation or commercial use.
  I would argue that pack and saddle use has played a far greater 
historic role on our public lands, particularly in our Western States, 
than simply recreation. What may be perceived by some today as 
recreation was a vital part of everyday living throughout our Nation's 
history. In addition, this bill in no way diminishes the secretary's 
ability to implement emergency closures or permanent reductions in the 
use and access of these pack and stock animals after complying with the 
full public review process required under the National Environmental 
Policy Act.
  Mr. Speaker, H.R. 2966, as amended, codifies our commitment to access 
and to preserving one of the most fundamental and truly historic ways 
to experience our public lands. The bill is supported by the majority 
and minority of the committee. I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, when H.R. 2966 was considered by the 
Committee on Resources, the gentleman from West Virginia (Mr. Rahall), 
the ranking member, offered a very humorous assessment of the 
legislation. We all enjoyed his statement's abundant use of horse 
terms. However, behind his humorous words, the gentleman from West 
Virginia (Mr. Rahall) was pointing out there are serious problems with 
H.R. 2966, and I share the concern raised by the gentleman from West 
Virginia (Mr. Rahall), the Bush administration and others that the bill 
is unnecessary and unwise.
  It is not a question of whether there should be pack and saddle 
animal use on public lands. Many people partake of such use, and there 
are many places where such use occurs on public lands. No, the real 
question is whether we should single out and legislatively enshrine a 
narrow specific recreational use into the missions of the various 
Federal land management agencies.
  No other recreational use, whether historic or not, is enshrined in 
the Organic Acts of the various land management agencies. H.R. 2966 
would bestow on a select group a right not enjoyed by hunters and 
fishermen, to name just a few. To single out pack and saddle animal use 
for special consideration upsets the balance that is sometimes 
necessary between competing uses and resource management.
  The underlying problem with the bill is that it directs each land 
management agency to preserve and facilitate pack and saddle animal 
use. As the Bush administration testified, conflicts are likely to 
arise with such a narrow and specific mandate. Further, such a mandate 
creates a confusing contradiction for land managers when such use is 
incompatible with the respective land management agency's core mission.
  Mr. Speaker, I do not think there is a single person in this room who 
believes we should ban pack and saddle animal use of public lands. With 
or without this legislation, it has been and will remain a recreational 
option on public lands. Our problem is not with that use but with the 
singling out of that use for special consideration in the law. When and 
where such use occurs are decisions best made in resource management 
plans, not in generic statute.
  Mr. WAMP. Mr. Speaker, I am a very proud sponsor of H.R. 2966, the 
Right to Ride Livestock on Federal Lands Act of 2004.
  Pack and saddle stock animals were a critical element in many early 
Americans' livelihood. Today's bill directs the Secretary to provide 
for the management of public lands to

[[Page H7261]]

preserve and facilitate the continued use and access of horse and 
saddle stock animals on such lands, including wilderness areas, 
national monuments, and other specifically designated areas where there 
is a historical tradition of such use.
  Not later than 120 days after the date of the enactment of this Act, 
the Secretary shall issue final rules to define the meaning of a 
``historical tradition of use'' by pack and saddle stock animals on 
federal lands.
  Defining managed recreation of this historical practice within our 
national forests is critical in recognizing the cultural contributions 
and precedent of pack and saddle stock in our public lands above simple 
recreational use.
  I believe that horse and saddle stock hold a unique place in our 
heritage. We must pass this bill to ensure its historical preservation 
and continued enjoyment as a national pastime.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. PEARCE. Mr. Speaker, I have no additional requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules 
and pass the bill, H.R. 2966, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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