Trail Issues

Wild Horse and Burro Legislation (H.R. 297 & S.576) - In the last Congress (2004) Senator Conrad Burns (MT) and others included a provision in the Omnibus Appropriations Bill repealing the prohibition on the sale of wild horses and burros for commercial purposes and authorizing the Secretary of Interior to sell excess animals at public sales "without limitation" on their use.  Excess horses are deemed to be those over 10 years of age and thoses that have not been adopted in three attempts. (BLM estimates approximately 8,400 animals fall in this category).  Many are concerned that such animals could go to slaughter. On January 15th, 2005, Representative Nick Rahall (WV) and Senator Robert Byrd (WV) introduced legislation to retore the prohibition on the commercial sale and slaughter of wild horses and burros which had previously protected these animals under the Wild Free-Roaming Horses and Burros Act passed in 1971. The House bill (H.R. 297) was referred to the Committe on Resources and has subsequently been referred to the House Sub-committee on Forests and Forest Health.  This bill currently has 41 co-sponsors.  The Senate bill (S.576) was referred to the Energy and Natural Resources Committee. (posted June 8, 2005)

Right to Ride Bill (H.R.2966 & S.781) - Legislation was introduced April 14, 2005 in the Senate (S.781) which is identical to the bill passed in the House during the last session. This legislation is intended to preserve the use and access of pack and saddle stock horses on federal public lands. Specifically mandates that lands should be managed by the federal agencies to preserve and facilitate 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.  The American Horse Council is trying to generate co-sponsors for this legislation and has drafted sample letters to use when contacting your representatives in Congress.  Sample Letter to Senator.  Sample Letter to Representative.

10/05/05 UPDATE:  It was noted at the Backcountry Horsemen of Washington meeting Saturday that the recent request to contact our legislators about the Right to Ride bill fell short of being persuasive. Of the some 3100 members of BCHW only a handful responded. Other federal lands users are working hard to exclude the horseman from our mountain trails.
If you want to ride a horse on federal lands in the future (or you want your grandkids to) send an email to Maria Cantwell, etc.... today. Patty Murray will not sign on unless Maria does. Maria has only received 45-60 emails and says "if the horse folks don't care why should I?"  It's as easy as clicking on this link below and entering your zip code, etc. It only takes a moment to do.
http://capwiz.com/aqha/issues/alert/?alertid=7749306

01/10/06 UPDATE:  

Recreational Trails Program and SAFETEA - Highway transportation funding reauthorization (The Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003 - SAFETEA) which includes funding for all transportation projects including the Recreational Trails Program (RTP).  Language added this year to specifically include equestrian use in the definition of allowed uses for shared paths.  Bills have been passed in the House and the Senate but in different forms. Bill has been referred to a Conference Committee to resolve differences and has not of yet reached a consensus on the amount of funding that should be provided and where the money should come from.  The prior funding bill has expired several times and has been extended thru May, 2005 to provide more time to the committee to resolve these differences.

Health Insurance and the Recreational Rider-(S.423 & H.R.1749) Federal provisions adopted in 2001 by the Centers for Medicare and Medicaid Services permit health insurers to exclude coverage for injuries resulting from riding and other forms of "dangerous" recreation. Legislation introduced in the House and Senate in 2003 would prevent health insurers from denying coverage to plan participants if they were injured while engaging in legal recreational activities.  The House bill has been referred to the Committee on Energy and Commerce and the Committees on Education and the Workforce and Ways and Means. No hearings have been held, although the bill appears to have strong support with over 150 cosponsors.  The language in the Senate bill was broadened slightly in committee and has been agreed to. The Senate passed S.423 on November 21, 2004 which was then sent to the House for further action.  The legislation will need to be introduced in the new Congress when it convenes in 2005. -  S.577 was introduced March 9, 2005 by Senators Susan Collins and Russell Feingold  which is the same as S.577 and has been referred to the Senate Committee on Health, Education, Labor and Pensions (updated June 8, 2005)

American Horse Slaughter Prevention Act - (H.R.857) Introduced in 2003, this bill would prohibit the slaughter of horses for human consumption and ban the trade and transport of horse-flesh and live horses intended for human consumption. The bill provides for criminal and civil penalties up to $5,000 or imprisonment for up to one year for violations. Horses bound for processing facilities may be confiscated and placed in the care of animal rescue facilities. If a person convicted cannot post bond, the rescue facility can place the animal in a permanent home.  If homes cannot be found, the facility can euthanize the animal.  This bill has over 225 co-sponsors and has been referred to the House  Agriculture, the House International Relations and the House Ways and Means Committees.  A similar bill with 10 co-sponsors was introduced in the Senate in April, 2004 which has been referred to The Senate Committee on Agriculture, Nutrition and Forestry.

Federal Legislation on Animal Identification - The livestock industry has been debating issues surrounding the institution of a national animal identification (ID) system to address animal health emergencies for over a decade.  The ability to trace animals quickly in the event of an outbreak of major animal disease is considered vital to the operation and viability of the agricultural industry.  These discussions have resulted in the US Animal Identification Plan (USAIP) which lays out a structure for implementation of a system that could enable the US to to trace animals within 48 hours of a disease outbreak.

The AHC has organized a task force, which includes nearly thirty equine organizations, to evaluate the USAIP and determine is the horse industry might develop standards for equine identification that would benfit the industry and be compatible with the USAIP should national identification become mandatory.

The 2003 diagnosis of "mad cow" disease in the US has focused more public attention on the issue and has prompted the introduction of federal legislation in both the House and the Senate.

National Farm Animal Identification Records Act (FAIR act) - Has been introduced in the Senate and the House. (S.2008) directs the Secretary of Agriculture to establish a nationwide electronic livestock identification systen that will enable USDA to trace an individual animal within 48 hours. This bill authorizes $50 million to set up the system, of which $25 million can be used to assist producers in compliance.  The sponsors of this bill recognized that the USDA's plans call for individual animal identification by mid-2006, but noted that the timetable must be moved up.  The legislation would require the Department to begin implementaion with 90 days after enactment of the bill.  The House bill (H.R. 3787) is similar but authorizes $175 million to set up the identification system and adds specific language protecting the animal numbering information, exempting it from disclosure under the Freedom of Information Act and allowing the information to be used by the Secretary only in the case of an animal disease outbreak.

The United States Animal Identification Implementation Act - (S.2070) Directs the Secretary of Agriculture to "implement the United States Animal Identification Plan".  This legislation provides for a phase-in of the plan for different animals, such as horses.  USDA would be required to implement the plan for beef and dairy cattle (depending on age) within 60-90 days of enactment. An identification system for other livestock, including horses, would have to be established within one year. This bill authorizes $50 million to set up the system and also includes specific language exempting information collected from disclosure.

National Livestock Identification Act- (H.R. 3822) Also requires a nationwide electronic identification system that would require response within 48 hrs and authorizes $50 million for implementation.

All the bills have been referred to their respective Agriculture Committees in the House and the Senate.

Helmet Safety Bill - (S.2254) Introduced by Senator Dodd in 2004, this legislation would authorize the Secretary of Commerce to award grants to states, political subdivisions, Indian Tribes, public organizations, and private, nonprofit organization, for activities that encourage individuals to wear approved equestrian helmets and would require the Consumer Product Safety Commission to begin the process of developing a federal standard for a safe, equestrian helmet within 60 days of passage.  The legislation gives the Consumer Product Safety Commission a year to finish the process and to make the final standard effective.  In the interim period, the ASTM standard F 1163 would be adopted.  The bill has one cosponsor and has been referred to the Committee on Commerce, Science, and Transportation. Senator Dodd intends to introduce a similar bill in Congress in 2005 (updated June 8, 2005)

Reduction in Capital Gains Holding Period for Horses - Gains from the sale of property that is used for business, including horses, can qualify for capital gains tax treatment, which means the tax rate is lower for individuals than the regular personal tax rate. The current capital gains tax rate is 15%.  Under the current tax code, the holding period for long-term capital gains treatment for all assets used in a trade or business  - except horses and cattle - is twelve months.  Horses held for breeding, racing, showing, draft or other sporting purposes must be held for at least 24 months to qualify for the present 15% long term capital gain rate. (This 2-year holding period was enacted in 1969 primarily as an anti-tax shelter provision).

Senator Jim Bunning (R-Ky) introduced a bill (S.1759) in October, 2003 which would reduce the capital gains holding period for horses to twelve months.

In May 11, 2004 the Senate passed the American Jobs Creation Act which thru the efforts of S. Bunning, included the industry supported provision to reduce the holding period for horses from 24 month to 12 months for sales. The House version of the bill did not include the provision. - The final bill worked out in committee and signed by the President on October 22, 2004 did not include the reduction in the holding period.

Charitable Contributions Bill - Both the Senate and the House of Representatives have considered legislation that would encourage land conservation. Both bills are known as "charitable contribution bill".

 The House bill (H.R.7) includes a provision that would encourage the conservation of forest land in the United States.  The legislation would set up a pilot project where non-profit conservation groups could finance the purchase of forest land with tax-exempt community forest bonds. This bill was passed by the House in September, 2003 and has been referred to the Senate Committee on Finance.

The Senate Bill (S.476) would expand the tax deduction that a landowner can take when he or she donates a conservation easement on land.  At this time, deductions are limited to no more than 30% of the adjusted gross income of the donor for up to six years. S.476 would change this by allowing landowners to deduct up to 50% of their income for up to 16 years.  If a landowner receives incomes primarily from farming, ranching or forestry, he or she could deduct 100% of their adjusted gross income.  In no case, however could the deduction exceed the appraised value of the gift.  In addition, the Senate bill provides a 25% exclusion from gross income of long term capital gain from the sale or exchange of land, or an interest in land or water rights.  In order to qualify, the sale must be made to a qualified organization that intends to perserve the property.  This legislation was passed by the Senate in April, 2003.

While the bills are not identical, they are similar enough that they could be referred to conference, to work out a final bill that would be voted on by the full House and Senate.  There is currently not much momentum in Congress to move these bills forward.

Temporary Worker H-2A and H-2B Program

U.S. Withholding Tax on Pari-Mutuel Wagering

Unlawful Internet Gambling Funding Prohibition

Regulatory Issues

West Nile Virus

National Identification Plan for Horses

Federal Emergency Disaster Relief for Horses - Natural disasters affect the horse industry just as they affect other livestock and crop producers.  However, few horse breeders are eligible for the various forms of emergency federal assistance that producers of other livestock are. After the 2001 outbreak of Mare Reproductive Loss Syndrome, the 107th Congress began examining the issue of broader disaster assistance for horse breeders. The USDA is currently considering the expansion of the types of livestock that will be covered under various Agency controlled emergency relief funding programs.  One particular program is the Livestock Asssistance Program (LAP) which provides direct payments to people who live in counties declared as a disaster area by the President or Secretary of Agriculture. On May 20, 2004 twenty members of Congress wrote to the U.S. Department of Agriculture asking the Department to make horses eligible for federal disaster assistance. The Congressional letter was co-ordinated by the co-chairs of the Congressional Horse Caucus (John Sweeney-R-NY, and Ken Lucas -D-KY). 

Federal Conservation Programs - The Farm Security and Rural Investment Act of 2002 provides more funding for conservation programs.  Unlike many USDA programs that are predicated on "food or fiber", these programs are based on environmental priorities opening eligiblity to horse farmers and ranchers.  The Natural Resources Conservation Service (NRCS) branch of the USDA adminsters and provides technical support for these programs. 

The programs available are Environmental Quality Incentive Program (EQIP), Grassland Program (GRP), Farm and Ranch Land Protection Program (FRPP), and the Wildlife Habitat Initiative Program (WHIP).  EQIP and WHIP are cost sharing programs while the others are easement programs.

EQIP is a voluntary conservation program for farmers and ranchers offering financial and technical assistance.  A few national priorities used direct EQIP are reductions in non-point source source pollution (nutrients, sediments, and pesticides), reduction in emissions, reduction in soil erosion and sedimentation, and a promotion of at-risk species habitat conservation.  Cost sharing for things such as waste storage facilities could be very beneficial to horse owners.

WHIP is also a voluntary program that encourages the creation of high quality wildlife habitats that support wildlife populations of National, State, Tribal, and local significance.  NRCS provides technical assistance and financial support of up to 75% cost-share assistance to landowners and other to help develop and improve fish and wildlife habitat areas on their property.

GRP and FRPP are easement programs primarily interested in protecting land from overuse and development.  The Farm and Ranchlands Protection Program is to protect working agricultural land from converting to non-agricultural use.  GRP helps landowners restore and protect grassland, (including range and pasuterland) while maintaining the areas as grazing lands emphasizing plant and animal biodiversity.

The State Technical Committee decides environmental priorities in each state. As of September 12, 2003 Secretary of Agriculture Anne Veneman had allocated $60 million of farm bill funds for conservation on private working lands.

Take Pride in America - The Department of Interior has reestablished the Take Pride in America (TPIA) Program, a national partnership established by Ronald Reagan to encourage volunteers to inititate programs to improve our parks, recreation areas, refuges and cultural and historical sites.  Outstanding volunteer efforts will be recognized and rewarded with awards, including Presidential recognition.  The program was originally established by the Department in 1985 but was de-emphasized in 1993. 

The Take Pride in America Program has established a State Coordinator in each state so that people can have their event recognized and learn about other events and activities in which they can participate.  This is an opportunity for OHC members and other recreational riders to take part in a worth-while federal initiative that offers benefits to the industry, too.  Additional information can be found at teh Take Pride in America website at www.takepride.gov

Roadless Initiative - This program was adopted in the final weeks of the Clinton Administration and was scheduled to go into effect in May, 2001. The program would have changed the way that federal forest land is managed by conserving "roadless areas" and would severely limit access to over 58.5 million acres of federal forests. The effective date was delayed by several lawsuits and by a request from the Secretary of Agriculture to allow the Bush Administration a chance to review the program.

On July 16, 2004 the USDA proposed a new roadless rule.  The new rule emphasized developing state specific regulations thru co-ordination with the state governor.  The governor would petition the federal government to keep certain areas roadless, or the governor could petition for less protection.  If the Forest Service accepts the petition, it would negotiate a detailed plan with the state.  Once the state finished the petition process the Forest Service would publish rulemaking for inventoried roadless areas within the state.  Each rulemaking would go through the required National Environmental Policy Act (NEPA) analysis as well as input from the public during the notice and comment period.  

On September 14, 2004 the AHC submitted comments to the USDA expressing the AHC's concern that the needs of the recreational horse trail rider have been often ignored in national forests.  Issues such as closure of equine trails, adequate parking at trailheads to accommodate horse trailers and safe stabling areas for horses at campgrounds have not always been addressed.  The AHC noted that while there is a portion of the horse industry that enjoys lengthy, multiple day ride, the majority of the recreational horse trail riders participate in relatively short, single-day rides which requires trailheads and facilities for trailer parking and preparation of both horse and rider. USDA is reviewing comments received on this proposal and will issue a final rule in the future.

National Day of the Horse - (H. Con.Res 507, S.Res.452) - Resolutions have been introduced in the House and the Senate providing for a National Day of the Horse.  Resolutions do not have the same force as bills but are used to express principles, opinions and purposes and often call on the President to do something, as these two resolutions do.  These resolutions are similar and recognize that the is a "living link to the history of the United States" that "wild and domestic horses rely on humans for adequate food, water and shelter" and that "horses are a vital part of the collective experience of the United States and deserve protection and compassion".  The House resolution urges the President to issue a proclamation calling on Americans to observe a National Day of the Horse with appropriate programs and activities. This resolution will have to be passed by both the House and the Senate before it is published and considered by the President.  The Senate Resolution (S.Res.452) designates December 13, 2004 as the National Day and asks the President to issue a proclamation to that effect.  Updated November 19, 2004 - The Senate unanimously passed S. Resolution 452 which states "A Resolution designating December 13, 2004 as the National Day of the Horse and encouraging the people of the United Sates to be mindful of the contribution of horses to economy, history and character of the United States."  The resolution will be forwarded to the President for action.

ESWG Comments on USDA Proposal fro ID

Equine Viral Arteritis

Problems at USDA Quarnatine Facilities

Congressional Information

Congressional Horse Caucas - The Congressional Horse Caucus is a bipartisan group formed to educate Members of Congress and their staffs about the importance of the horse industry in the economic, agricultural, sporting, gaming and recreational life of the nation.  This group has an interest in the industry and wants to support the issues important to it.  In 2004 the Caucus currently had 59 members.  (The Ohio members of the Horse Caucas in 2004 were - Paul Gillmor (R-District 5 (NW Ohio)) and Pat Tiberi (R-District 12 (parts of Licking, Delaware, &  Franklin counties)). Congressmen John Sweeney (NY) and Ben Chandler (KY) are co-chairs of the Caucus for the 109th Congress (ie 2005) and have circulated a "Dear Collegue" letter to the entire House of Representatives inviting all members to join. (updated June 8, 2005)

To:       AHC Organizations

From:   Alicia Cunningham

 Re:       Congress Postpones Debate on SAFETEA

 Date:    March 3, 2004

 INTRODUCTION

 During the 108^th Congress, both the House of Representatives and the Senate have tried to reach a consensus on "The Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003", or SAFETEA.  This legislation contains all funding for transportation projects, and is therefore widely known as the highway-funding bill.  Highway funding bills are passed by Congress every four to six years.  The last bill was known as TEA-21, and it expired at the end of September, 2003.  Congress passed an extension of TEA-21 through February 29, 2004, and just recently passed yet another extension through April 30, 2004 to keep funding available while Congress and the Administration try to reach an agreement on the new bill before the end of April.

 Though the bill primarily addresses highway and infrastructure funding, SAFETEA also contains the authorization for funds for the Recreational Trail Program (RTP).  The RTP is important to the recreational rider – the program creates and improves trails for riders and allows the states to decide where the new trails should be or what trails need maintenance work.

 In addition to the funding for the Recreational Trails Program, the new transportation reauthorization proposal contains a provision important to the equestrian community. Under current federal transportation law, equestrians are not included in the definition of allowable activities on "shared use paths".  Some land managers have used this exclusion to deny access to equestrians, though that was never the intent of the federal government.  The American Horse Council has been working with the Department of Transportation, Federal Highway Administration and Congress to address this problem.

 The primary disagreement is about money.  The President has requested a small bill, $256 billion for transportation projects over the next six years. The House of Representatives and the Senate have criticized the Bush Administration proposal saying that the $256 billion was not enough. 

 SENATE ACTION

 The Senate passed its version of SAFETEA (S. 1072) on February 12, 2004.  The Senate bill would provide $318 billion in funding over six years.

 Included in the Senate bill is $60 million a year for the RTP program, an increase of $10 million a year.  In addition, the Senate agreed to the changes requested by the American Horse Council and the Department of Transportation in the definition of "shared use path" as follows:

`(4) SHARED USE PATH- The term `shared use path' means a multiuse trail or other path that is--

`(A) physically separated from motorized vehicular traffic by an open space or barrier, either within a highway right-of-way or within an independent right-of-way; and

`(B) usable for transportation purposes (including by pedestrians, bicyclists, skaters, equestrians, and other nonmotorized users).'. (Emphasis Added).

 HOUSE OF REPRESENTATIVES ACTION

 The House of Representatives has not reached an agreement regarding SAFETEA.  Representative Don Young, Chairman of the Committee on Transportation and Infrastructure, has stated that he would like a bill that would provide $375 billion over six years.

 AHC POSITION

The AHC strongly supports RTP and efforts to increase funding for this important program.  Along with other members of the Coalition on Recreational Trails, we have worked with Congress and the Administration to increase awareness and support for RTP.

 While the American Horse Council applauds the increase, we believe that RTP should be funded at $143 million a year.  Funds for RTP come from the federal taxes paid on fuel used for off-road recreation.  The Federal Highway Administration reported in a September 2002, letter to the Chairman of the U.S. House of Representatives Subcommittee on Highways and Transit that $286 million in federal excise taxes is collected annually on fuel used for off-highway recreational activities. 

 The American Horse Council believes that all taxes paid on fuel used for off-road recreation should be used for the RTP, yet currently only 17.5% of the collected taxes are returned.  We believe that $143 million should be provided for the RTP program – this is still just 50% of the taxes collected on off-highway recreational fuel usage.

 In addition, the American Horse Council supports the inclusion of equestrians in the definition of Shared Use Path.