[House Report 113-595]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-595
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EMIGRANT WILDERNESS HISTORICAL USE PRESERVATION ACT
_______
September 15, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3606) to permit certain activities to be
conducted on Federal land within the Emigrant Wilderness of
Stanislaus National Forest in the State of California at the
level at which such activities were conducted on such land
before the wilderness designation, and for other purposes,
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emigrant Wilderness Historical Use
Preservation Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to ensure that--
(1) an increasing population within the vicinity of the
Emigrant Wilderness of Stanislaus National Forest in the State
of California may continue to enjoy the traditional variety of
appropriate wilderness uses and practices, including a
wilderness equestrian experience of pack and saddle stock use,
consistent with protecting untrammeled and unimpaired
wilderness character;
(2) the Federal land comprising the Emigrant Wilderness
retains wilderness character consistent with the time of
designation and that changes in use levels and social
preferences are not allowed to displace historical and
traditional uses, including recreational commercial services
provided by pack stock stations, which existed at the time of
designation; and
(3) future generations of Americans continue to have the
opportunity to enjoy the variety of traditional wilderness
experiences, including a true wilderness equestrian experience,
consistent with what existed when the Emigrant Wilderness was
designated.
SEC. 3. PRESERVATION OF HISTORICAL EQUESTRIAN ACTIVITIES AND ACCESS TO
CERTAIN FEDERAL LAND.
(a) Preservation of Historical Equestrian Activities and Level of
Use.--The Secretary shall take such actions as may be necessary to
ensure that, within the area designated as the Emigrant Wilderness, all
pack and saddle stock use, including commercial pack and saddle stock
services, are recognized as appropriate wilderness activities, along
with their associated effect on soil, water, and vegetation. Conditions
of camps, trails, and grazing areas, at the time of designation, should
be considered an acceptable benchmark level for monitoring the
preservation of wilderness character. No action shall be taken to limit
or exclude pack and saddle stock without an appropriate environmental
analysis with an express finding that it is necessary to limit or
exclude pack and saddle stock, or modify stock practices, in order to
preserve the wilderness character of the area to that which existed at
the time of the designation of the Emigrant Wilderness.
(b) Types of Activities and Impact.--The historical use and
activities in the Emigrant Wilderness, including commercial outfitting
and guiding, camping, pack stock grazing, and associated campsites,
campfires, tent locations, and social trails, are traditional uses that
are consistent with and part of an unconfined recreational experience,
and the signs of use created by these historical uses are to be
considered substantially unnoticeable and acceptable as long as they do
not exceed the level present at the time of wilderness designation. The
Secretary shall take such actions to ensure that these traditional uses
do not result in impacts that are greater than those experienced at the
time the Emigrant Wilderness was designated.
(c) Emigrant Wilderness Plan.--Not later than 3 years after the date
of the enactment of this Act, the Secretary shall complete an updated
wilderness plan to incorporate management direction for the
preservation of pack and saddle stock use and all legally acceptable
recreational uses within the Emigrant Wilderness, including
establishing the following:
(1) Desired future conditions that recognize normal and
expected pack and saddle stock use impacts as an accepted
component of the wilderness character of the area.
(2) Standards, and guidelines for pack and saddle stock that
use ``leave no trace'' or gentle use principles for pack and
saddle stock in the future consistent with past historical pack
and saddle stock use practices and impacts.
(3) Indicators, thresholds, and triggers for managing future
pack and saddle stock use commensurate with other uses and that
recognize the acceptability of historical use and impacts of
pack and saddle stock.
(4) A user capacity for pack and saddle stock use, including
commercial pack and saddle stock services, commensurate with
minimum levels necessary to ensure continued opportunity for a
wilderness equestrian experience while preserving the overall
wilderness character of the Emigrant Wilderness. Such user
capacity shall recognize the number of stock necessary to
support the typical extended family group size that frequent
the Emigrant Wilderness, including commercial service support,
and shall not limit group sizes to fewer than 15 people and 25
head of stock, inclusive of commercial service outfitters and
guides.
(5) A needs assessment that sets as a baseline the level of
commercial services that existed at the time of designation.
(d) Commercial Pack and Saddle Stock Services.--
(1) In general.--The Secretary of Agriculture shall--
(A) continue to authorize commercial pack and saddle
stock services within the Emigrant Wilderness
consistent with commercial use within that area that
existed as of the date of the original designation of
the Emigrant Wilderness on January 3, 1975;
(B) specify the level of use, allotted user days, and
activities by commercial outfitters and guides within
that area in the Wilderness Plan; and
(C) continue to issue authorizations to provide
commercial services for commercial stock operations
within the Emigrant Wilderness at historic levels
consistent with this Act.
(2) Levels of use.--Historical levels of commercial use, as
established at the time of the designation of the Emigrant
Wilderness, are considered within the normal range of
acceptability for stock numbers and impacts and are considered
the minimum extent necessary for realizing the recreational and
other purposes of the area. Pack and saddle stock commercial
use may be allowed to increase above current authorized use
levels, and at levels consistent with increases in other
traditional uses, after a finding in an appropriate
environmental analysis that the wilderness character of the
area is being protected. Current outfitter and guide special
use permits may be reauthorized without environmental analysis
to incorporate direction from the wilderness plan developed
pursuant to subsection (c).
(e) Limitations.--Nothing in subsections (a) through (e) shall be
construed to--
(1) authorize the Secretary to issue or 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;
(2) 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
(3) create a preference for one recreational use over another
for the Emigrant Wilderness, without consideration of the
stated purpose of this area as stated in the Wilderness Act,
PL88-577, and specific legislation establishing the Emigrant
Wilderness.
(f) Definitions.--For the purposes of this Act:
(1) Emigrant wilderness.--The term ``Emigrant Wilderness''
means the Emigrant Wilderness of Stanislaus National Forest in
the State of California, as originally designated by section
2(b) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note)
and expanded by section 101(a)(9) of Public Law 98-425 (98
Stat. 1620; 16 U.S.C. 1132 note).
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
Amend the title so as to read: A bill to preserve the
opportunity for pack and saddle stock that are part of the
history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in
the State of California as appropriate within the wilderness
designation, and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 3606, as ordered reported, is to
preserve the opportunity for pack and saddle stock that are
part of the history and character of traditional uses,
practices and access within the Emigrant Wilderness of
Stanislaus National Forest in the State of California as
appropriate within the wilderness designation.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3606 would permit certain equestrian and related
recreational activities to be conducted on federal land within
the Emigrant Wilderness of the Stanislaus National Forest in
the State of California at the level at which such activities
were conducted when the area received was designated as a
wilderness. The bill requires the Secretary of Agriculture to
ensure that within the Emigrant Wilderness the level of use,
allotted user days, and activities by commercial outfitters and
guides does not rise above or fall below the use at the time of
the original wilderness designation on January 3, 1975.
The act also defines outfitting and guiding, camping, pack
stock grazing, and campfires as traditional uses that are
consistent with and part of an unconfined recreational
experience, and the signs of such uses are to be considered
substantially unnoticeable and acceptable as long as they do
not exceed the level at the time of the wilderness designation.
The historical use of trails, roads, paths, grazing sites,
campsites, and campfires meadows, and cross-country areas in
the Emigrant Wilderness by recreational and commercial pack and
saddle stock would be allowed to continue.
H.R. 3606 also provides that the use of drift fences that
are in existence on the date of the enactment of the Act or
were previously in existence at the time of designation would
be allowed and maintained.
An amendment in the nature of a substitute based on changes
requested by the Forest Service was adopted when the Committee
marked up H.R. 3606. The amendment provides that the level of
equestrian and related use that existed at the time of
wilderness designation would be the benchmark for monitoring
the preservation of wilderness, and that more restrictive
limitations could be imposed only pursuant to an express
finding based on an environmental analysis that further
restrictions are necessary.
COMMITTEE ACTION
H.R. 3606 was introduced on November 21, 2013, by
Congressman Tom McClintock (R-CA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
March 6, 2014, the Subcommittee held a hearing on the bill. On
May 29, 2014, the Natural Resources Committee met to consider
the bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman
McClintock offered an amendment in the nature of a substitute
designated .085; the amendment was adopted by voice vote. No
further amendments were offered and the bill, as amended, was
then adopted and ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
Rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 3606--Emigrant Wilderness Historical Use Preservation Act
H.R. 3606 would require the Secretary of Agriculture to
authorize the use of horses and pack animals by commercial
outfitters within the Emigrant Wilderness at a level similar to
the level that existed in 1975. The bill also would require the
Forest Service to complete an updated wilderness plan for the
Emigrant Wilderness. Based on information provided by the
Forest Service, CBO estimates that implementing the bill would
have no significant effect on the federal budget. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO expects that, under the bill, the authorized level of
horse and pack animal use by commercial outfitters in the
Emigrant Wilderness would be similar to the level authorized
under current law. Based on information provided by the Forest
Service, CBO estimates that updating the wilderness plan for
the Emigrant Wilderness would cost less than $20,000, assuming
the availability of appropriated funds.
H.R. 3606 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. The Congressional
Budget Office estimates that implementing the bill would have
no significant effect on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to preserve the
opportunity for pack and saddle stock that are part of the
history and character of traditional uses, practices and access
within the Emigrant Wilderness of Stanislaus National Forest in
the State of California as appropriate within the wilderness
designation.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 3606 requires the Forest Service to ensure that levels
of permitted outfitting and guiding in the Emigrant Wilderness
do not fall below the levels which existed prior to the
establishment of the wilderness area. This means that no matter
what the agency determines, or what conditions on the ground
dictate, the level of access for commercial horse packing must
be frozen in time in 1975.
There are two outfitting operations operating in the
Emigrant Wilderness Area and all concerned want these
businesses to continue to thrive. However, it does not appear
that either operation faces any problem with access. According
to hearing testimony from one of the owners, the outfitters
have never had to turn away customers in the Emigrant
Wilderness due to lack of permits. At the same hearing, the
Forest Service testified that supply of available outfitter
permits has never outstripped demand since the Wilderness area
was created in 1975. H.R. 3606 is simply a solution searching
for a problem.
Furthermore, H.R. 3606 sets a terrible precedent for the
management of wilderness areas by elevating commercial
activities above all other uses of the area and by having
Congress micro-manage a specific use in a specific area.
The bill dictates the levels of commercial outfitting,
guiding, camping, pack stock grazing, campfires, tent
locations, and trails, no matter what the conditions on the
ground or determination of the local land managers might be.
Congress is telling the Forest Service to manage for wilderness
conditions and keep the area untrammeled by man as determined
by the Wilderness Act, but is also dictating the appropriate
level of commercial use.
Agencies must have the discretion to make informed,
resource-based decisions about the management of specific uses
in specific wilderness areas. When Congress takes away that
authority, we run into conflicts that could end up damaging the
wilderness values the area was designated to protect.
Peter DeFazio.
Raul Grijalva.