[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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