Efforts are underway to legislate cattle ranching's place at Point Reyes National Seashore, which could impact the native Tule elk herds/NPS

Last week we told you about the National Park Service's efforts at Point Reyes National Seashore to settle on how best to manage cattle ranching. While the Park Service's options run from continued ranching unchanged to removing cattle from the seashore, there's an effort well underway in Congress to legislate that industry's place at the seashore.

The legislation was sponsored by Rep. Jared Huffman, a California Democrat, though Rep. Rob Bishop, a Utah Republican who chairs the House Natural Resources Committee, quickly jumped on as a cosponsor.

The Park Service’s proposal would allow existing ranch families to continue beef and dairy operations with 20-year lease/permits, Tule elk in the Drakes Beach area would be managed at a "level compatible with authorized ranching," and the proposed amendment to the seashore's General Management Plan would identify improvements to the visitor experience, management strategies to protect park resources, and visitor carrying capacities within the planning area.

Ranching within the Point Reyes peninsula dates to the mid-1800s. Following the establishment of Point Reyes National Seashore and Golden Gate National Recreation Area, the Park Service purchased the land from ranching families, who in many cases continued to ranch under time-limited reservations of use and occupancy. As the reservations expired, the Park Service continued to authorize ranching and dairying with agricultural lease/special use permits. Currently, 24 ranching operations are authorized at Point Reyes under lease/permits, which set terms and conditions for the protection of natural and cultural resources.

However, in February 2016 litigation was brought against the Park Service related to an ongoing ranch planning process and the use of lands in the seashore for ranching and dairying. The plaintiffs and the Park Service, together with the ranchers and the County of Marin, entered into settlement negotiations. The court approved a multi-party Settlement Agreement on July 14, 2017. Per the agreement, the Park Service agreed that in lieu of a Ranch Comprehensive Management Plan, it would prepare a GMP Amendment and Environmental Impact Statement addressing the management of the lands currently leased for ranching in Point Reyes and the north district of Golden Gate.

Reps. Huffman and Bishop, however, opted to force the Park Service's hand. This past August the California Democrat introduced a bill to "direct the Secretary of the Interior to manage the Point Reyes National Seashore in the State of California consistently with Congress’ long-standing intent to continue to authorize working dairies and ranches on agricultural property as part of the seashore’s unique historic, cultural, scenic and natural values, and for other purposes." It quickly passed not only through the House Natural Resources Committee with Rep. Bishop's help, but through the entire House in late September on a voice vote.

The bill gives cattle the edge over the native elk population at the national seashore.

"In areas of agricultural property where Tule Elk present conflicts with working ranches or dairies, the Secretary shall manage the Tule Elk for separation from the working ranches or dairies," it reads. Further, the bill calls for tribes to work with Interior to manage the elk population, either by relocating elk to tribal lands or hunting them "on a subsistence or ceremonial basis."

The amended bill also allows the Interior secretary to resort to other methods for controlling elk at Point Reyes.

Tule elk were reestablished at the seashore in 1978. Just as environmentalists have argued over the years that the impacts of the cattle and dairy operations on the seashore's landscape and vegetation haven’t been studied, ranchers counter by complaining that elk have been allowed to roam freely in the seashore's Pastoral Zone, which was not intended, and little has been done to remove them. The elk destroy fencing, can spread disease, interfere with operations and graze on grasslands leased to ranchers.

While a 1998 Tule Elk Management Plan adopted by the seashore didn't specify a carrying capacity, it did say that during good years Tomales Point could support about 900 elk. While the seashore's three herds -- Tomales Point, Drakes Beach, and Limantour -- fluctuated between 350 and 550 animals from 1996-2014, according to the Park Service, more recent reports put the combined Tule elk population at the seashore at roughly 700 animals.

At the same time, there are about 6,000 cattle on ranches within the seashore, according to the Park Service.

While Rep. Bishop in his report on the bill to Congress stated that "Congress made clear in the enabling act that existing ranches should retain active operations within a designated pastoral zone," the seashore's enabling legislation also states that, "the owner of improved property or of agricultural property on the date of its acquisition by the Secretary under sections 459c to 459c7 of this title may, as a condition of such acquisition, retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his or her spouse, whichever is later. The owner shall elect the term to be reserved."

The lawsuit that led the Park Service to embark on the GMP amendment cited a section of the agency’s 2006 Management Policies that says the Park Service should “phase out the commercial grazing of livestock whenever possible.” Ranching, under the decades-old park management plan, violates the seashore’s mandate for “maximum protection” of wildlife and natural resources, the lawsuit added.

Nearly six years ago, then-Park Service Director Jon Jarvis, after intervention from then-Interior Secretary Ken Salazar, delegated authority to the seashore staff to issue ranching leases and permits of up to 20 years, saying the directive is “supportive of multi-generational ranching and dairying within the Pastoral Zone and is consistent with the … provisions of the park’s enabling legislation.”

Rep. Huffman's legislation has moved to the Senate, where it is before the Energy and Natural Resources Committee. While the committee has a hearing for November 15 to consider nominations, including that of David Vela as National Park Service director, whether this bill comes up in the lame duck Congress is unknown.