S 781 IS
109th CONGRESS
1st Session
S. 781
To preserve the use and access of historic and traditional uses (including 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.
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Mr. CRAPO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To preserve the use and access of historic and traditional uses including 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.
0. 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 HISTORIC and TRADITIONAL USE ACT on Federal Lands Act of 2005'.
0.
SEC. 2. USE AND ACCESS OF HISTORIC AND TRADITIONAL RECREATION AND ADMINISTRATIVE TRAVEL METHODS ON PUBLIC LANDS.
0. (a) National Park System Land- Section 12 of Public Law 91-383 (16 U.S.C. 1a-7) is amended by adding at the end the following:
0. `(c) Use and Access of Historic and Traditional Recreational Travel Methods -
0. `(1) IN GENERAL- The Secretary of the Interior shall manage National Park System land in a manner that preserves and facilitates the continued use and access of historic and traditional uses (including pack and saddle stock animals) on National Park System land (including national monuments and other specifically designated areas) on which there is a historical tradition of such use.
0. `(2) USE-
0. `(A) IN GENERAL- Except as provided in subparagraph (B), the National Park System land described in paragraph (1) shall remain open and accessible to such historic and traditional use.
0. `(B) LIMITATION- The Secretary may implement a proposed reduction in those historic and traditional uses (including pack and saddle stock animals) on the National Park System land described in paragraph (1) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
0. `(3) EFFECT- Nothing in this subsection--
0. `(A) limits the authority of the Secretary of the Interior to--
0. `(i) impose a temporary emergency closure of a trail, route, or area to any traditional or historic use based on any or environmental concerns; or
0. `(ii) issue special permits; or
0. `(B) creates a preference for 1 recreational use for any unit of the National Park System, without consideration of the stated purpose of the unit.’
0.
0. (b) Bureau of Land Management Land- 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:
0. `(e) Use and Access of Historic and Traditional Recreational Travel Methods -
0. `(1) IN GENERAL- The Secretary shall manage Bureau of Land Management land in a manner that preserves and facilitates the continued use and access of historic and traditional uses (including pack and saddle stock animals) on Bureau of Land Management land on which there is a historical tradition of such use.
0. `(2) USE-
0. `(A) IN GENERAL- Except as provided in subparagraph (B), the Bureau of Land Management land described in paragraph (1) shall remain open and accessible to such historic and traditional use.
0. `(B) LIMITATION- The Secretary may implement a proposed reduction in those historic and traditional uses (including pack and saddle stock animals) on the Bureau of Land Management land described in paragraph (1) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
0. `(3) EFFECT- Nothing in this subsection--
0. `(A) limits the authority of the Secretary to--
0. `(i) impose a temporary emergency closure of a trail, route, or area to any traditional or historic use based on any safety or environmental concerns; or
0. `(ii) issue special permits; or
0. `(B) creates a preference for 1 recreational use for any area of the Bureau of Land Management land, without consideration of the stated purpose of the area.'.
0.
0. (c) National Wildlife Refuge System Land- 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:
0. `(5) Use and Access of Historic and Traditional Recreational Travel Methods -
0. `(A) IN GENERAL- The Secretary shall manage System land in a manner that preserves and facilitates the continued use and access of Use and Access of Historic and Traditional Recreational Travel Methods on System land on which there is a historical tradition of such use.
0. `(B) USE-
0. `(i) IN GENERAL- Except as provided in clause (ii), the System land described in subparagraph (A) shall remain open and accessible to such historic and traditional use.
0. `(ii) LIMITATION- The Secretary may implement a proposed reduction in those historic and traditional uses (including pack and saddle stock animals) on the System land described in subparagraph (A) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
0. `(C) EFFECT- Nothing in this paragraph--
0. `(i) limits the authority of the Secretary to--
0. `(I) impose a temporary emergency closure of a trail, route, or area to any traditional or historic use based on any safety or environmental conerns; or
0. `(II) issue special permits; or
0. `(iii) creates a preference for 1 recreational use for any unit of the System, without consideration of the stated purpose of the unit.'.
0. (d) National Forest System Land- The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended--
0. (1) by redesignating section 16 as section 17; and
0. (2) by inserting after section 15 the following:
`SEC. 16. Use and Access of Historic and Traditional Recreational Travel Methods.
0. `(a) In General- The Secretary of Agriculture shall manage National Forest System land in a manner that preserves and facilitates the continued use and access of Use and Access of Historic and Traditional Recreational Travel Methods on National Forest System land (including wilderness areas, national monuments, and other specifically designated areas) on which there is a historical tradition of such use.
0. `(b) Use-
0. `(1) IN GENERAL- Except as provided in paragraph (2), the National Park System land described in subsection (a) shall remain open and accessible to such historic and traditional use.
0. `(2) LIMITATION- The Secretary may implement a proposed reduction in those historic and traditional uses (including pack and saddle stock animals) on the National Park System land described in subsection (a) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
0. `(c) Effect- Nothing in this section--
0. `(1) limits the authority of the Secretary of Agriculture to--
0. `(A) impose a temporary emergency closure of a trail, route, or area to any traditional or historic use based on any safety or environmental concerns; or
0. `(B) issue special permits; or
0. `(3) creates a preference for 1 recreational use for any unit of the National Forest System, without consideration of the stated purpose of the unit.'.
0. (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 terms `historic and traditional recreational travel methods' for purposes of the amendments made by this section.
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