[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.

                          ____________________