[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 586 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 586
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2006
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
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.
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, 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.
Passed the House of Representatives May 16, 2006.
Attest:
KAREN L. HAAS,
Clerk.