[Congressional Record Volume 152, Number 60 (Tuesday, May 16, 2006)]
[House]
[Pages H2601-H2603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RIGHT-TO-RIDE LIVESTOCK ON FEDERAL LANDS ACT OF 2005
Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 586) 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.
The Clerk read as follows:
H.R. 586
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 2005''.
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 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,
[[Page H2602]]
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
California (Mr. Radanovich) and the gentleman from Wisconsin (Mr. Kind)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all
Members may be given 5 legislative days 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 California?
There was no objection.
Mr. RADANOVICH. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, I am the author of H.R. 586, which is identical to the
legislation that passed the House of Representatives in the 108th
Congress. This bill would preserve the use and access of pack and
saddle stock animals on our public lands where there is a historic
traditional use.
Perhaps no other activity is more synonymous with the exploration of
our vast open lands than that of the use of pack and saddle stock. Who
could forget those images of President Teddy Roosevelt and John Muir on
horseback at what was to become the Grand Canyon and Yosemite National
Parks?
While some may claim that this bill singles out pack and saddle use
and affords it greater consideration than other forms of recreation or
commercial use, I would argue that the pack and saddle use has played a
fair and 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 once a vital part of everyday living throughout
our Nation's history.
In addition, this bill in no way diminishes the Secretary of the
Interior'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.
H.R. 586 codifies our commitment to access and to preserving one of
the most fundamental and truly historic ways to experience our public
lands. I urge its adoption.
Madam Speaker, I reserve the balance of my time.
Mr. KIND. Madam Speaker, I yield myself such time as I may consume.
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Madam Speaker, H.R. 586 has a checkered history. While
there has been no action by the Resources Committee on the legislation
in this Congress, questions and concerns were raised about identical
legislation in the last session of Congress. In fact, the Bush
administration has gone on record saying the legislation was both
unnecessary and unwise.
Numerous recreational uses occur on our public lands, including
hunting, fishing, hiking, camping. Singling out the recreational use of
pack and saddle animals for special treatment creates the potential for
conflict with these other recreational uses and complicates resource
management of the public lands. At the very least, I think the
Resources Committee should take time out of our schedule this session
to explore the ramifications of what is being requested here. This will
be the only recreational use codified in law.
With this noted, however, I will not object to the further
consideration of this measure at this time. I appreciate my good friend
and gentleman from California's interest in the subject. In fact, our
office has received some e-mails and letters on this very subject
ourselves.
Madam Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Madam Speaker, I would like to introduce into the
Record a letter from Chairman Goodlatte of Virginia. The Committee on
Agriculture also received jurisdiction on this bill.
House of Representatives,
Committee on Agriculture,
Washington, DC, May 15, 2006.
Hon. Richard Pombo,
Chairman, Committee on Resources,
Washington, DC.
Dear Mr. Chairman: Thank you for notifying the Committee on
Agriculture with regards to your intention to move H.R. 586,
a bill entitled as the ``Right-to Ride Livestock on Federal
Lands Act of 2005'', under suspension of the rules.
As you are aware, the Committee on Agriculture received an
additional referral of this legislation on those provisions
of H.R. 586 that fall within this Committee's jurisdiction.
However, after conferring with Chairman Gutknecht of the
Subcommittee on Department Operations, Oversight, Nutrition,
and Forestry, I will be glad to waive further consideration
of this measure so as to allow its timely consideration by
the entire House of Representatives.
This action is not intended to waive this Committee's
jurisdiction over this matter for all purposes, and in the
event a conference with the Senate is requested in this
matter, I would ask you to support the Committee on
Agriculture's request to be represented.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our Committees
as we deal with these issues in the future.
Sincerely,
Bob Goodlatte,
Chairman.
Mr. RAHALL. Madam Speaker, as the Ranking Democratic Member of the
Resources Committee I would first observe that we on this side of the
aisle also cherish the proud American tradition of horsemanship.
Whether it be thoroughbreds--and a potential Triple Crown winner this
year possibly in the making judging from Barbaro's smashing performance
in the Kentucky Derby--Appaloosas, Arabians, Clydesdales, our wild
Mustangs on the Western Plains, Palominos, and even the Chincoteague
Pony made famous by the book ``Misty,'' our country's history and
indeed, still in the present, is deeply intertwined with the horse.
With that noted, while we will not object to the consideration of
H.R. 586 today, there are certain problems with the legislation. In
effect, the bill hampers the ability of local federal land managers to
administer trails under their jurisdiction in a flexible fashion taking
into account changed local circumstances. In effect, the pending bill
says that trails historically open to pack and saddle stock horses
shall always remain open to them within units of our National Park
System, National Forest System, Wildlife Refuges and BLM lands. This
not only ties the hands of the local land managers to make adjustments
if warranted, but appears to be a nationwide rubber stamp approach to
what has not been a national problem with respect to public trail
usage.
I would observe there is one out, one means to make a change in the
horse first rule this legislation advances, and that would be to go
through a full-scale review under the National Environmental Policy
Act. Here, I applaud those of my colleagues who are promoting this
legislation because many of these have consistently voted in the
Resources Committee to overturn, override, and exempt the application
of NEPA to other matters.
[[Page H2603]]
I am also concerned about the precedent we are setting here. It is my
understanding that the American Horse Council fully backs the pending
bill. A noble organization, which does good service for the equine
community. Yet, what if the American Motorcyclist Association catches
wind of this bill. Can we expect a counter proposal from them, to make
trails open to off-road motorcycles also deemed to be the highest and
best use of public trails. I would expect their members would not want
to be viewed as second class citizens when it comes to trail use. And
the hikers, the bikers, the ATV groups. The list goes on.
With that Madam Speaker, I have some trepidation over the course this
legislation sets, and this comes from a gentleman who is a strong
defender of our horse tradition in this country.
Mr. RADANOVICH. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the bill, H.R. 586.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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