PROPOSED BILL: OUR RIGHT TO PUBLIC LANDS ACCESS BILL

TITLE I -- Secretary of the Interior

SEC. 101.

(a) REGULATIONS - The Secretary and or his/her delegated Assistant Secretary shall promulgate regulations to effectuate general incidental take permits (similar to the type authorized by 50 CFR § 222.307(a)(2)) for each type, class, or scale of recreational and small business activity traditionally engaged in over all the public lands subject to his/her jurisdiction.

(b) EXCLUDED ACTIVITIES - Traditional recreational and small business activities, subject to this section, do not include the activities of any specie, other than human (homo sapien).

(c) SUBJECT AREAS - All areas, subject to the jurisdiction of the Secretary, are subject to this section. Only Congressional restrictions on human usage, for any given activity or for any given area, are recognized as exceptions to this section. This section supersedes all prior Congressional enactments.

(d) PERCENTAGE OF AREA FOR EACH USE - Though, the Secretary, in the exercise of his/her discretion may disallow any particular use or activity, restricting all human uses and all human activities over an area open for multiple use by Congress is a per se violation of this section. To ensure that human usage is fairly distributed over each area; generally, human usage of any one traditional recreational activity or small business must be allowed in more than fifty percent of each area; calculated from the total of that area open for multiple use by Congress. Where any one human activity is area specific, has traditionally and historically been engaged in within any sub-area, that sub-area must remain open for such usage.

(e) INCONSISTENT REGULATIONS - All prior regulations, restricting human usage, are hereby declared conflicting and null and void; and, the Secretary is to remove them formally. Regardless of when said prior conflicting regulations are removed, they cannot be enforced as of the enactment of this section. The Secretary may not promulgate any future regulations restricting human usage that are not consistent with this section or that have not been prepared in accordance with the procedural requirements of this section. Any future regulation restricting human usage, not promulgated in accordance with this section, are declared conflicting and null and void; and, they cannot be enforced, regardless of whether they are removed formally or not. No prior request for the removal of an invalid regulation, restricting human usage and declared invalid by this section, is required to render it unenforceable.

(f) ADVISORY COMMITTEE - An advisory committee is to be created for each activity for which a separate general incidental take permit is to be prepared and, in accordance with FACA. (Pub.L. 92-463, Oct. 6, 1972, 86 Stat. 770)

(g) TIME - the regulations to be promulgated in accordance with this section will be completely promulgated within two years from the date of enactment of this section.

(h) OPEN UNTIL REGULATED - If said regulations are not completely promulgated, within that two year period of time and for any given area, all lands subject to the jurisdiction of the Secretary, in any such area for which said regulations have not been promulgated, are open for all types of traditional outdoor recreation and business uses; and, no permit(s), of any kind, will be required before anyone or any entity may engage in said activities.

(i) BUDGET - 120 million dollars is authorized to be spent on the preparation of the regulations and supporting documentation; i.e. EISs.

16USC§_529_Authorization_of_devel.doc

strickland519_F_2d_467_at_469.doc

Perkins608_F_2d_803_at_806.doc

clinch316_F_Supp_2d_364.doc

REFERENCES: Precident: MUSYA has no strength and is not being enforced. Forest Service will be obligation to provide for >multiple use recreaton access.

General incidental take permit example: see, 50 CFR § 222.307(a)(2)

The National Outdoor Recreation Act of 1963: cite, 16 USC §§ 460 et seq.; May 28, 1963, P.L. 88-29, 77 Stat. 49.

The Secretaries "Outdoors Recreational Activities Report to the President” of 1963

In December of 1969 the "First Nationwide Outdoor Recreation Plan: The Assessment" was sent to the President.

In December of 1974, the "Second Nationwide Outdoor Recreation Plan: The Assessment” was sent to the President.

In December of 1979, the "Third Nationwide Outdoor Recreation Plan: The Assessment” was sent to the President.

On January 27, 1987, the President's Commission on Americans Outdoors submitted their December 1986 "Report and Recommendations to the President of the United States".