[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5612 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5612

To establish the Mountaintown National Scenic Area in the Chattahoochee 
 National Forest, Georgia, and to designate additional National Forest 
   System land in the State of Georgia as components of the National 
                    Wilderness Preservation System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2006

   Mr. Deal of Georgia (for himself and Mr. Norwood) introduced the 
 following bill; which was referred to the Committee on Resources, and 
    in addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To establish the Mountaintown National Scenic Area in the Chattahoochee 
 National Forest, Georgia, and to designate additional National Forest 
   System land in the State of Georgia as components of the National 
                    Wilderness Preservation System.

    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 ``Chattahoochee National Forest Act of 
2006''.

SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL 
              FOREST, GEORGIA.

    (a) Establishment.--There is hereby established in the 
Chattahoochee National Forest in the State of Georgia the Mountaintown 
National Scenic Area (in this section referred to as the ``scenic 
area'') consisting of approximately 13,382 acres, as generally depicted 
on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee 
National Forest, Georgia'' and dated May 3, 2006.
    (b) Map and Descriptions.--As soon as practicable after the date of 
the enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a final map and boundary description of the scenic area. The 
map and description shall have the same force and effect as if included 
in this Act, except that the Secretary may correct clerical and 
typographical errors in the map and boundary description. The map and 
boundary description shall be on file and available for public 
inspection in the Office of the Chief of the Forest Service. In the 
case of any discrepancy between the acreage and the map referred to in 
subsection (a) and the map and boundary description required by this 
subsection, the map and boundary description required by this 
subsection shall control.
    (c) Management.--
            (1) Purposes.--The Secretary shall manage the scenic area 
        for the purposes of--
                    (A) ensuring the appropriate protection and 
                preservation of the scenic quality, water quality, 
                natural characteristics, and water resources of the 
                area;
                    (B) protecting and managing vegetation in the area 
                to provide wildlife and fish habitat, consistent with 
                subparagraph (A);
                    (C) providing parcels within the area that may 
                develop characteristics of old-growth forests; and
                    (D) providing a variety of recreation 
                opportunities, consistent with the preceding purposes.
            (2) Priority.--In the case of a conflict between the 
        management purposes specified in paragraph (1) and the laws and 
        regulations generally applicable to the National Forest System, 
        the management purposes shall take precedence.
    (d) Management Plan.--Not later than three years after the date of 
the enactment of this Act, the Secretary shall develop a management 
plan for the scenic area as an amendment to the land and resource 
management plan for the Chattahoochee National Forest. The amendment 
shall conform to the requirements of this section. Nothing in this 
section shall require the Secretary to revise the land and resource 
management plan for the Chattahoochee National Forest pursuant to 
section 6 of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604).
    (e) Roads.--After the date of the enactment of this Act, no new 
roads shall be constructed or established within the scenic area, 
except that this prohibition shall not be construed to deny access to 
private lands or interests therein in the scenic area.
    (f) Vegetation Management.--No timber harvest shall be allowed 
within the scenic area, except as may be necessary in the control of 
fire, insects, and diseases and to provide for public safety and trail 
access. Notwithstanding the foregoing, the Secretary may engage in 
vegetation manipulation practices for maintenance of existing wildlife 
clearings and visual quality. Firewood may be harvested for personal 
use along perimeter roads under such conditions as the Secretary may 
impose.
    (g) Motorized Travel.--Motorized travel shall not be permitted 
within the scenic area, except that the Secretary may authorize 
motorized travel within the scenic area as necessary for administrative 
use in furtherance of the management purposes specified in subsection 
(c)(1) and in support of wildlife management projects in existence as 
of the date of the enactment of this Act.
    (h) Fire.--Wildfires in the scenic area shall be suppressed in a 
manner consistent with the management purposes specified in subsection 
(c)(1), using such means as the Secretary considers appropriate.
    (i) Insects and Disease.--Insect and disease outbreaks may be 
controlled in the scenic area to maintain scenic quality, prevent tree 
mortality, reduce hazards to visitors, or protect private lands.
    (j) Water.--The scenic area shall be administered so as to maintain 
or enhance existing water quality.
    (k) Mining Withdrawal.--Subject to valid existing rights, all 
federally owned lands in the scenic area are hereby withdrawn from 
location, entry, and patent under the mining laws of the United States 
and from leasing claims under the mineral and geothermal leasing laws 
of the United States, including amendments to such laws.

SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS 
              WILDERNESS IN GEORGIA.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following lands in the State of 
Georgia, which are administered by the Secretary of Agriculture as part 
of the Chattahoochee National Forest and comprise approximately 8,448 
acres, as generally depicted on the maps dated May 3, 2006, and 
entitled ``Proposed Wilderness Additions--Chattahoochee National 
Forest'', are hereby designated as wilderness and incorporated into the 
existing wilderness area to which they adjoin:
            (1) Three additions to the existing Southern Nantahala 
        Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, 
        consisting of 412, and Tate Branch, consisting of 1,085 acres.
            (2) One addition to the existing Blood Mountain Wilderness: 
        Cedar Mountain, consisting of 561 acres.
            (3) Two additions to the existing Brasstown Wilderness: 
        Duck Branch, consisting of 190 acres, and Wilson Cove, 
        consisting of 563 acres.
            (4) One addition to the existing Ellicott Rock Wilderness: 
        Ellicott Rock Addition, consisting of 562 acres.
            (5) Two additions to the existing Cohutta Wilderness: 
        Foster Branch, consisting of 165 acres, and Ken Mountain, 
        consisting of 527 acres.
            (6) One addition to the existing Raven Cliffs Wilderness: 
        Helton Creek, consisting of 2,451 acres.
            (7) One addition to the existing Tray Mountain Wilderness: 
        Tripp Branch, consisting of 638 acres.
    (b) Maps and Legal Descriptions.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall submit to 
Congress final maps and boundary descriptions of the lands designated 
as wilderness by this section. The maps and descriptions shall have the 
same force and effect as if included in this Act, except that the 
Secretary may correct clerical and typographical errors in the maps and 
boundary descriptions. The maps and boundary descriptions shall be on 
file and available for public inspection in the Office of the Chief of 
the Forest Service.
    (c) Administration.--
            (1) In general.--Subject to valid existing rights, the 
        Secretary shall administer the lands designated as wilderness 
        by this section in accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.) and this section.
            (2) Effective date of wilderness act.--With respect to the 
        land designated as wilderness by this section, any reference in 
        the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective 
        date of the Wilderness Act shall be deemed to be a reference to 
        the date of enactment of this Act.
            (3) Fish and wildlife.--As provided in section 4(d)(7) of 
        the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
        section shall be construed as affecting the jurisdiction or 
        responsibilities of the State of Georgia with respect to fish 
        and wildlife in the Chattahoochee National Forest.
            (4) Withdrawal.--Subject to valid existing rights in 
        existence on the date of enactment of this Act, the Federal 
        land designated as wilderness by this section is withdrawn from 
        all forms of entry, appropriation, or disposal under the public 
        land laws; location, entry, and patent under the mining laws; 
        and disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
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