[Congressional Record Volume 158, Number 62 (Friday, April 27, 2012)]
[House]
[Pages H2227-H2228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1010
     SEQUOIA AND KINGS CANYON NATIONAL PARKS BACKCOUNTRY ACCESS ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
the Committee on Natural Resources be discharged from further 
consideration of the bill (H.R. 4849) to direct the Secretary of the 
Interior to issue commercial use authorizations to commercial stock 
operators for operations in designated wilderness within the Sequoia 
and Kings Canyon National Parks, and for other purposes, and ask for 
its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to 
object, and I will not object, I yield to the gentleman from 
Washington, the chairman of the committee.
  Mr. HASTINGS of Washington. I thank the gentleman for yielding.
  This legislation addresses an urgent need at Sequoia and Kings Canyon 
National Parks in California. Because of a lawsuit, the National Park 
Service has chosen not to issue commercial packer permits this year. 
These permits allow mules and horses into the park to carry visitors 
and supplies. Unfortunately, this not only means the loss of hundreds 
of jobs, it also canceled long-planned family vacations into the 
outdoors. For many Americans, whether elderly or handicapped, stock 
animals are the only option if they want to visit our national parks.
  Today, we have the option to right a wrong and allow these permits to 
be awarded to responsible stewards of our parks. This bipartisan 
legislation was worked out between Members of both parties in the 
California delegation. Time is very crucial here. This only extends 
what has been happening for decades in Sequoia and Kings Canyon 
National Parks. We must act now if there's any hope in preserving the 
season for those individuals who have planned and paid for their visit 
in the national park.
  Mr. GEORGE MILLER of California. Further reserving my right to 
object, Mr. Speaker, the bill before us today, as amended this morning, 
gives the Secretary of the Interior the authority to reopen the 
wilderness areas in Sequoia and Kings Canyon National Parks to pack and 
saddle animals for the 2012 and 2013 seasons.
  Earlier this week, I joined with my colleagues, Jim Costa, Mike 
Thompson, John Garamendi, and Sam Farr, in a letter to Chairman 
Hastings and Ranking Member Markey of the Natural Resources Committee. 
We asked the committee, on behalf of our California constituents, to 
resolve a situation that's already affecting families and businesses 
and harming the regional economy.
  In response to a court order, the National Park Service has not been 
allowing pack animals into the parks' wilderness areas this year. This 
situation has caused economic harm to outfitters, packers, guides, and 
other permit holders who rely on the income that the park visitors 
bring to the area, and it's causing visitors to reconsider their trips 
to the park and the wilderness areas.
  Today, this House is taking this action, and I want to thank Mr. 
Markey and Chairman Hastings. I spoke to Chairman Hastings less than 24 
hours ago on the content of our letter, and both he and Mr. Nunes came 
forward and asked whether or not we could do this by unanimous consent, 
and that's why we're here this morning.
  I want to thank the staffs of both of the majority and the minority 
side of this committee for all of their work. They worked overnight 
because very early this morning we all signed off on this legislation.
  I think that this legislation is a very good deal for families and 
visitors to the park. It's a good deal for the businesses who depend 
upon spring and summer wilderness trips for their livelihood.
  The high country wilderness in the Sierras is one of the premier 
experiences the National Park System has to offer, and for many, the 
only way to have this experience is through use of pack animals for 
whatever personal reasons, either frailty, age--age would be my reason. 
I think it's important. I've had the honor and the pleasure to hike the 
high country in Kings Canyon and in Sequoia and Yosemite, and it's a 
unique experience, unique to the American Sierra Mountains system.
  I hope that the Senate will be able to take this up by unanimous 
consent quickly so, again, the people planning to take the trips will 
have certainty, the packers will have certainty, and the surrounding 
businesses around Sequoia-Kings Canyon Park will have certainty that 
the summer trade will be there.

[[Page H2228]]

  Again, I want to thank the chairman of the committee for his 
immediate response to our letter of concern. I want to thank my 
colleagues who joined me on that.
  With that, Mr. Speaker, I withdraw my reservation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 4849

       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 ``Sequoia and Kings Canyon 
     National Parks Backcountry Access Act''.

     SEC. 2. COMMERCIAL USE AUTHORIZATIONS IN DESIGNATED 
                   WILDERNESS WITHIN THE SEQUOIA AND KINGS CANYON 
                   NATIONAL PARKS.

       (a) Issuance of Commercial Use Authorizations.--
     Notwithstanding the decision or any other provision of law, 
     the Secretary shall issue such packer permits at the levels 
     of commercial services authorized by the Secretary in 2011 
     until the Secretary--
       (1) makes an extent necessary determination that addresses 
     the violations of the Wilderness Act found in the decision; 
     and
       (2) begins to issue packer permits for operations in 
     designated wilderness within the Sequoia and Kings Canyon 
     National Parks in accordance with that extent necessary 
     determination.
       (b) Definitions.--For the purposes of this Act, the 
     following definitions apply:
       (1) Decision.--The term ``decision'' means the January 24, 
     2012, ruling by the United States District Court for the 
     Northern District of California in High Sierra Hikers 
     Association v. United States Department of the Interior, et 
     al., Case No. C09 4621 RS.
       (2) Extent necessary determination.--The term ``extent 
     necessary determination'' means a determination on the need 
     for commercial services within Sequoia and Kings Canyon 
     National Park wilderness under to section 4(2)(5) of the 
     Wilderness Act (16 U.S.C. 1133(d)(5)).
       (3) Packer permit.--The term ``packer permit'' means a 
     commercial use authorization granted to a commercial stock 
     operator.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

            Amendment Offered by Mr. Hastings of Washington

  Mr. HASTINGS of Washington. Mr. Speaker, I have an amendment at the 
desk.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 2, line 5, strike ``Notwithstanding'' and all that 
     follows through line 8 and insert the following: 
     ``Notwithstanding the decision, for the 2012 and 2013 
     seasons, the Secretary shall issue packer permits at no more 
     than the levels of commercial services authorized by the 
     Secretary in 2011 until the Secretary--''.
       Page 2, line 15, strike the period and insert ``reflected 
     in a Record of Decision for the Wilderness Stewardship 
     Plan.''.
       Page 2, line 22, strike ``C09 4621'' and insert ``C 90 
     4621''.
       Page 3, line 2, strike ``to section 4(2)(5)'' and insert 
     ``section 4(d)(5)''.

  Mr. HASTINGS of Washington (during the reading). Mr. Speaker, I ask 
unanimous consent that the amendment be considered read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The amendment was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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