[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 942 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 942

 To designate additional National Forest System lands in the State of 
 Virginia as wilderness, to establish the Seng Mountain and Bear Creek 
  Scenic Areas, to provide for the development of trail plans for the 
       wilderness areas and scenic areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

  Mr. Warner introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To designate additional National Forest System lands in the State of 
 Virginia as wilderness, to establish the Seng Mountain and Bear Creek 
  Scenic Areas, to provide for the development of trail plans for the 
       wilderness areas and scenic areas, and for other purposes.

    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 ``Virginia Ridge and Valley Act of 
2005''.

SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS AS 
              WILDERNESS IN VIRGINIA.

    Section 1 of the Act entitled ``An Act to designate certain 
National Forest System lands in the States of Virginia and West 
Virginia as wilderness areas'', approved June 7, 1988 (Public Law 100-
326; 16 U.S.C. 1132 note), as amended by Public Law 106-471 (114 Stat. 
2057), is further amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(9) certain lands in the Jefferson National Forest, which 
        comprise approximately 3,769 acres, as generally depicted on a 
        map entitled `Brush Mountain and Brush Mountain East', dated 
        March 23, 2005, and which shall be known as the Brush Mountain 
        East Wilderness;
            ``(10) certain lands in the Jefferson National Forest, 
        which comprise approximately 4,794 acres, as generally depicted 
        on a map entitled `Brush Mountain and Brush Mountain East', 
        dated March 23, 2005, and which shall be known as the Brush 
        Mountain Wilderness;
            ``(11) certain lands in the Jefferson National Forest, 
        which comprise approximately 4,223 acres, as generally depicted 
        on a map entitled `Seng Mountain and Raccoon Branch', dated 
        March 23, 2005, and which shall be known as the Raccoon Branch 
        Wilderness;
            ``(12) certain lands in the Jefferson National Forest, 
        which comprise approximately 3,270 acres, as generally depicted 
        on a map entitled `Stone Mountain', dated March 23, 2005, and 
        which shall be known as the Stone Mountain Wilderness;
            ``(13) certain lands in the Jefferson National Forest, 
        which comprise approximately 8,470 acres, as generally depicted 
        on a map entitled `Hunting Camp Creek and Garden Mountain', 
        dated March 23, 2005, and which shall be known as the Hunting 
        Camp Creek Wilderness;
            ``(14) certain lands in the Jefferson National Forest, 
        which comprise approximately 3,291 acres, as generally depicted 
        on a map entitled `Hunting Camp Creek and Garden Mountain', 
        dated March 23, 2005, and which shall be known as the Garden 
        Mountain Wilderness;
            ``(15) certain lands in the Jefferson National Forest, 
        which comprise approximately 3,226 acres, as generally depicted 
        on a map entitled `Lynn Camp Creek', dated March 23, 2005, and 
        which shall be known as the Lynn Camp Creek Wilderness;
            ``(16) certain lands in the Jefferson National Forest, 
        which comprise approximately 5,476 acres, as generally depicted 
        on a map entitled `Mountain Lake Additions', dated March 23, 
        2005, and which are hereby incorporated in the Mountain Lake 
        Wilderness;
            ``(17) certain lands in the Jefferson National Forest, 
        which comprise approximately 308 acres, as generally depicted 
        on a map entitled `Lewis Fork Addition and Little Wilson Creek 
        Additions', dated March 23, 2005, and which are hereby 
        incorporated in the Lewis Fork Wilderness;
            ``(18) certain lands in the Jefferson National Forest, 
        which comprise approximately 1,845 acres, as generally depicted 
        on a map entitled `Lewis Fork Addition and Little Wilson Creek 
        Additions', dated March 23, 2005, and which are hereby 
        incorporated in the Little Wilson Creek Wilderness;
            ``(19) certain lands in the Jefferson National Forest, 
        which comprise approximately 2,456 acres, as generally depicted 
        on a map entitled `Shawvers Run Additions', dated March 23, 
        2005, and which are hereby incorporated in the Shawvers Run 
        Wilderness;
            ``(20) certain lands in the Jefferson National Forest, 
        which comprise approximately 1,203 acres, as generally depicted 
        on a map entitled `Peters Mountain Addition', dated March 23, 
        2005, and which are hereby incorporated in the Peters Mountain 
        Wilderness; and
            ``(21) certain lands in the Jefferson National Forest, 
        which comprise approximately 612 acres, as generally depicted 
        on a map entitled `Kimberling Creek Additions', dated March 23, 
        2005, and which are hereby incorporated in the Kimberling Creek 
        Wilderness;''.

SEC. 3. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL 
              FOREST, VIRGINIA.

    (a) Establishment of Scenic Areas.--
            (1) Establishment.--The following National Forest System 
        lands in the State of Virginia are hereby designated as 
        National Scenic Areas (in this section referred to as the 
        ``scenic areas''):
                    (A) Certain lands in the Jefferson National Forest, 
                which comprise approximately 6,455 acres, as generally 
                depicted on a map entitled ``Seng Mountain and Raccoon 
                Branch'', dated March 23, 2005, and which shall be 
                known as the Seng Mountain National Scenic Area.
                    (B) Certain lands in the Jefferson National Forest, 
                which comprise approximately 5,503 acres, as generally 
                depicted on a map entitled ``Bear Creek'' dated March 
                23, 2005, and which shall be known as the Bear Creek 
                National Scenic Area.
            (2) Maps and descriptions.--As soon as practicable after 
        the date of the enactment of this Act, the Secretary of 
        Agriculture shall file a map and boundary description of the 
        scenic areas with the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on Agriculture and the 
        Committee on Resources of the House of Representatives. 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 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, Department of Agriculture. In the case of any 
        discrepancy between the acreage specified in paragraph (1) and 
        the map filed under this paragraph, the map shall control.
    (b) Purposes of Scenic Areas.--The scenic areas are established for 
the purposes of--
            (1) ensuring the protection and preservation of scenic 
        quality, water quality, natural characteristics, and water 
        resources;
            (2) protecting wildlife and fish habitat, consistent with 
        paragraph (1);
            (3) protecting areas that may develop characteristics of 
        old-growth forests; and
            (4) providing a variety of recreation opportunities, 
        consistent with the preceding paragraphs.
    (c) Administration.--
            (1) In general.--The Secretary of Agriculture shall 
        administer the scenic areas in accordance with this section and 
        the laws and regulations generally applicable to the National 
        Forest System. In the event of conflict between this section 
        and other laws and regulations, this section shall take 
        precedence.
            (2) Consistent use.--The Secretary shall only allow such 
        uses of the scenic areas as the Secretary finds will further 
        the purposes for which the scenic areas are established.
    (d) Management Plan.--Within two years after the date of the 
enactment of this Act, the Secretary of Agriculture shall develop a 
management plan for the scenic areas consistent with this section. The 
management plan shall be developed as an amendment to the land and 
resource management plan for the Jefferson National Forest, except that 
nothing in this section requires the Secretary to revise the land and 
resource management plan for the Jefferson 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 roads 
shall be established or constructed within the scenic areas, except 
that this prohibition shall not be construed to deny access to private 
lands or interests therein in the scenic areas.
    (f) Vegetation Management.--No timber harvest shall be allowed 
within the scenic areas, except as the Secretary of Agriculture finds 
necessary in the control of fire, insects, and diseases and to provide 
for public safety and trail access. Notwithstanding the preceding 
sentence, 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 areas, except that the Secretary of Agriculture may 
authorize motorized travel within the scenic areas--
            (1) as necessary for administrative use in furtherance of 
        the purposes of this section;
            (2) in support of wildlife management projects in existence 
        as of the date of the enactment of this Act; and
            (3) on Forest Development Road 9410 and 84b during deer and 
        bear hunting seasons.
    (h) Fire.--Wildfires in the scenic area shall be suppressed in a 
manner consistent with the purposes of this section, using such means 
as the Secretary of Agriculture considers appropriate.
    (i) Insects and Disease.--Insect and disease outbreaks may be 
controlled in the scenic areas to maintain scenic quality, prevent tree 
mortality, reduce hazards to visitors, or protect private lands.
    (j) Water.--The Secretary of Agriculture shall administer the 
scenic areas so as to maintain and enhance water quality.
    (k) Mining Withdrawal.--Subject to valid existing rights, all 
federally owned lands in the scenic areas are 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. 4. TRAIL PLAN AND DEVELOPMENT.

    (a) Trail Plan.--The Secretary of Agriculture shall establish, in 
consultation with interested parties, a trail plan for National Forest 
System lands described in this paragraph in order to develop the 
following:
            (1) Hiking and equestrian trails within the wilderness 
        areas designated by the amendments made by section 2, in a 
        manner consistent with the Wilderness Act (16 U.S.C. 1131 et 
        seq.).
            (2) Nonmotorized recreation trails within the scenic areas 
        designated by section 3.
    (b) Implementation Report.--Within two years after the date of the 
enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report on the implementation of the trail plan, including 
the identification of priority trails for development.
    (c) Trail Authorization.--The Secretary of Agriculture is 
authorized to develop trails to provide a continuous connection for 
nonmotorized travel between County Route 650 and Forest Development 
Road 4018 along the old Rye Valley Railroad Grade in Smyth County, 
Virginia, as recorded on the map entitled ``Seng Mountain and Raccoon 
Branch'' and dated March 23, 2005.
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