[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1011 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1011

_______________________________________________________________________

                                 AN ACT


 
 To designate additional National Forest System lands in the State of 
  Virginia as wilderness or a wilderness study area, to designate the 
 Kimberling Creek Potential Wilderness Area for eventual incorporation 
in the Kimberling Creek 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Virginia Ridge and 
Valley Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Designation of additional National Forest System lands in 
                            Jefferson National Forest, Virginia, as 
                            wilderness or a wilderness study area.
Sec. 3. Designation of Kimberling Creek Potential Wilderness Area, 
                            Jefferson National Forest, Virginia.
Sec. 4. Designation of Seng Mountain and Bear Creek Scenic Areas, 
                            Jefferson National Forest, Virginia.
Sec. 5. Trail plan and development.

SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS IN 
              JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A 
              WILDERNESS STUDY AREA.

    (a) Designation of Wilderness.--Section 1 of Public Law 100-326 
(102 Stat. 584; 16 U.S.C. 1132 note), as amended by Public Law 106-471 
(114 Stat. 2057), is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``System--'' and inserting ``System:'';
            (2) by striking ``certain'' at the beginning of paragraphs 
        (1) through (8) and inserting ``Certain'';
            (3) by striking the semicolon at the end of paragraphs (1) 
        through (6) and inserting a period;
            (4) by striking ``; and'' at the end of paragraph (7) and 
        inserting a period; and
            (5) by adding at the end the following new paragraphs:
            ``(9) Certain lands in the Jefferson National Forest, which 
        comprise approximately 3,743 acres, as generally depicted on 
        the map entitled `Brush Mountain and Brush Mountain East' and 
        dated October 2007, 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 the map entitled `Brush Mountain and Brush Mountain East' 
        and dated February 2007, 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 the map entitled `Seng Mountain and Raccoon Branch' and 
        dated February 2007, 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 the map entitled `Stone Mountain' and dated February 2007, 
        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 the map entitled `Hunting Camp Creek and Garden Mountain' 
        and dated February 2007, 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 the map entitled `Hunting Camp Creek and Garden Mountain' 
        and dated February 2007, and which shall be known as the Garden 
        Mountain Wilderness.
            ``(15) Certain lands in the Jefferson National Forest, 
        which comprise approximately 5,476 acres, as generally depicted 
        on the map entitled `Mountain Lake Additions' and dated 
        February 2007, and which are hereby incorporated in the 
        Mountain Lake Wilderness designated by section 2(6) of the 
        Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat. 
        3105).
            ``(16) Certain lands in the Jefferson National Forest, 
        which comprise approximately 308 acres, as generally depicted 
        on the map entitled `Lewis Fork Addition and Little Wilson 
        Creek Additions' and dated February 2007, and which are hereby 
        incorporated in the Lewis Fork Wilderness designated by section 
        2(3) of the Virginia Wilderness Act of 1984 (Public Law 98-586; 
        98 Stat. 3105).
            ``(17) Certain lands in the Jefferson National Forest, 
        which comprise approximately 1,845 acres, as generally depicted 
        on the map entitled `Lewis Fork Addition and Little Wilson 
        Creek Additions' and dated February 2007, and which are hereby 
        incorporated in the Little Wilson Creek Wilderness designated 
        by section 2(5) of the Virginia Wilderness Act of 1984 (Public 
        Law 98-586; 98 Stat. 3105).
            ``(18) Certain lands in the Jefferson National Forest, 
        which comprise approximately 2,249 acres, as generally depicted 
        on the map entitled `Shawvers Run Additions' and dated February 
        2007, and which are hereby incorporated in the Shawvers Run 
        Wilderness designated by paragraph (4).
            ``(19) Certain lands in the Jefferson National Forest, 
        which comprise approximately 1,203 acres, as generally depicted 
        on the map entitled `Peters Mountain Addition' and dated 
        February 2007, and which are hereby incorporated in the Peters 
        Mountain Wilderness designated by section 2(7) of the Virginia 
        Wilderness Act of 1984 (Public Law 98-586; 98 Stat. 3105).
            ``(20) Certain lands in the Jefferson National Forest, 
        which comprise approximately 263 acres, as generally depicted 
        on the map entitled `Kimberling Creek Additions and Potential 
        Wilderness Area' and dated February 2007, and which are hereby 
        incorporated in the Kimberling Creek Wilderness designated by 
        section 2(2) of the Virginia Wilderness Act of 1984 (Public Law 
        98-586; 98 Stat. 3105).''.
    (b) Designation of Wilderness Study Area.--Section 6(a) of the 
Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat. 3108) is 
amended--
            (1) by striking ``certain'' at the beginning of paragraphs 
        (1) through (4) and inserting ``Certain'';
            (2) by striking the semicolon at the end of paragraphs (1) 
        and (2) and inserting a period;
            (3) by striking ``; and'' at the end of paragraph (3) and 
        inserting a period; and
            (4) by adding at the end the following new paragraph:
            ``(5) Certain lands in the Jefferson National Forest, which 
        comprise approximately 3,226 acres, as generally depicted on a 
        map entitled `Lynn Camp Creek Wilderness Study Area' and dated 
        February 2007, and which shall be known as the Lynn Camp Creek 
        Wilderness Study Area.''.
    (c) Maps and Legal Descriptions.--
            (1) Filing.--As soon as practicable after the date of the 
        enactment of this Act, the Secretary of Agriculture shall file 
        with the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives a map 
        and legal description of each wilderness area designated or 
        expanded by the amendments made by subsection (a) and of the 
        Lynn Camp Creek Wilderness Study Area designated by the 
        amendment made by subsection (b).
            (2) Force and effect.--The maps and legal descriptions 
        referred to in paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary of 
        Agriculture may correct clerical and typographical errors in 
        the maps and descriptions. In the case of any discrepancy 
        between the acreage specified in the amendments made by 
        subsection (a) or (b) and the corresponding map filed under 
        paragraph (1), the map shall control.
            (3) Availability.--The maps and legal descriptions referred 
        to in paragraph (1) shall be on file and available for public 
        inspection in the Office of the Chief of the Forest Service.
    (d) Administration.--
            (1) New wilderness areas.--Subject to valid existing 
        rights, the Secretary of Agriculture shall administer the lands 
        in the Jefferson National Forest designated as a new wilderness 
        area by the amendments made by subsection (a) in accordance 
        with this section and the Wilderness Act (16 U.S.C. 1131 et 
        seq.), except that, with respect to such lands, any reference 
        in the Wilderness Act to the effective date of that Act shall 
        be deemed to be a reference to the date of the enactment of 
        this Act.
            (2) Expanded wilderness areas.--Subject to valid existing 
        rights, the Secretary of Agriculture shall administer the lands 
        in the Jefferson National Forest designated as wilderness and 
        incorporated into an existing wilderness area by the amendments 
        made by subsection (a) in accordance with this section, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and other laws 
        applicable to that wilderness area, except that, with respect 
        to such lands, any reference in the Wilderness Act to the 
        effective date of that Act shall be deemed to be a reference to 
        the date of the enactment of this Act.

SEC. 3. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, 
              JEFFERSON NATIONAL FOREST, VIRGINIA.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain lands in the Jefferson National 
Forest, which comprise approximately 349 acres, as generally depicted 
on the map entitled ``Kimberling Creek Additions and Potential 
Wilderness Area'' and dated February 2007, are designated as a 
potential wilderness area for eventual incorporation in the Kimberling 
Creek Wilderness designated by section 2(2) of the Virginia Wilderness 
Act of 1984 (Public Law 98-586; 98 Stat. 3105).
    (b) Map and Legal Descriptions.--
            (1) Filing.--As soon as practicable after the date of the 
        enactment of this Act, the Secretary of Agriculture shall file 
        with the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives a map 
        and legal description of potential wilderness area.
            (2) Force and effect.--The map and legal description 
        referred to in paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary of 
        Agriculture may correct clerical and typographical errors in 
        the map and description. In the case of any discrepancy between 
        the acreage specified in subsection (a) and the map filed under 
        paragraph (1), the map shall control.
            (3) Availability.--The map and legal description referred 
        to in paragraph (1) shall be on file and available for public 
        inspection in the Office of the Chief of the Forest Service.
    (c) Management.--Except as provided in subsection (d) and subject 
to valid existing rights, the Secretary of Agriculture shall manage the 
potential wilderness area as wilderness pending its incorporation in 
the Kimberling Creek Wilderness.
    (d) Ecological Restoration.--
            (1) In general.--For purposes of ecological restoration 
        (including the elimination of non-native species, removal of 
        illegal, unused, or decommissioned roads, and any other 
        activities necessary to restore the natural ecosystems in the 
        potential wilderness area), the Secretary of Agriculture may 
        use motorized equipment and mechanized transport in the 
        potential wilderness area until its incorporation in the 
        Kimberling Creek Wilderness.
            (2) Limitation.--To the maximum extent practicable, the 
        Secretary shall use the minimum tool or administrative practice 
        necessary to accomplish ecological restoration with the least 
        amount of adverse impact on wilderness character and resources.
    (e) Wilderness Designation.--The potential wilderness area shall be 
designated as wilderness and incorporated in the Kimberling Creek 
Wilderness on the earlier of--
            (1) the date on which the Secretary of Agriculture 
        publishes in the Federal Register notice that the conditions in 
        the potential wilderness area that are incompatible with the 
        Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or
            (2) the date that is five years after the date of the 
        enactment of this Act.
    (f) Administration.--Subject to valid existing rights, upon 
incorporation of the lands designated as wilderness under subsection 
(e) in the Kimberling Creek Wilderness, the Secretary of Agriculture 
shall administer the lands in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.) and other laws applicable to that wilderness area, 
except that, with respect to such lands, any reference in the 
Wilderness Act to the effective date of that Act shall be deemed to be 
a reference to the date on which the lands are designated as wilderness 
under subsection (e).

SEC. 4. DESIGNATION OF SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, 
              JEFFERSON NATIONAL FOREST, VIRGINIA.

    (a) 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''):
            (1) Certain lands in the Jefferson National Forest, which 
        comprise approximately 5,192 acres, as generally depicted on 
        the map entitled ``Seng Mountain and Raccoon Branch'' and dated 
        October 2007, and which shall be known as the Seng Mountain 
        National Scenic Area.
            (2) Certain lands in the Jefferson National Forest, which 
        comprise approximately 5,128 acres, as generally depicted on 
        the map entitled ``Bear Creek'' and dated February 2007, and 
        which shall be known as the Bear Creek National Scenic Area.
    (b) Maps and Legal Descriptions.--
            (1) Filing.--As soon as practicable after the date of the 
        enactment of this Act, the Secretary of Agriculture shall file 
        with the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives a map 
        and legal description of each of the scenic areas.
            (2) Force and effect.--The maps and legal descriptions 
        referred to in paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary of 
        Agriculture may correct clerical and typographical errors in 
        the maps and descriptions. In the case of any discrepancy 
        between the acreage specified in subsection (a) and the 
        corresponding map filed under paragraph (1), the map shall 
        control.
            (3) Availability.--The maps and legal descriptions referred 
        to in paragraph (1) shall be on file and available for public 
        inspection in the Office of the Chief of the Forest Service.
    (c) 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.
    (d) 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.
    (e) 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).
    (f) 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.
    (g) 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.
    (h) 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 Roads 9410 and 84b during deer 
        and bear hunting seasons and on that portion of Forest 
        Development Road 6261 designated on the map referred to in 
        subsection (a)(2) as ``open seasonally'' during deer and bear 
        hunting seasons.
    (i) 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.
    (j) 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.
    (k) Water.--The Secretary of Agriculture shall administer the 
scenic areas so as to maintain and enhance water quality.
    (l) 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. 5. TRAIL PLAN AND DEVELOPMENT.

    (a) Trail Plan.--The Secretary of Agriculture shall establish a 
trail plan for National Forest System lands described in this 
subsection in order to develop the following:
            (1) Hiking and equestrian trails on the lands in the 
        Jefferson National Forest designated as wilderness by the 
        amendments made by section 2(a), in a manner consistent with 
        the Wilderness Act (16 U.S.C. 1131 et seq.).
            (2) Nonmotorized recreation trails within the Seng Mountain 
        and Bear Creek Scenic Areas designated by section 4.
    (b) Consultation.--The Secretary of Agriculture shall establish the 
trail plan in consultation with interested parties.
    (c) Implementation Report.--Not later than 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.
    (d) Trail Required.--The Secretary of Agriculture shall develop a 
sustainable trail, using a contour curvilinear alignment, to provide 
for non-motorized travel along the southern boundary of the Raccoon 
Branch Wilderness established by section 1(11) of Public Law 100-326, 
as added by (2)(a) of this Act, connecting to Forest Development Road 
49352 in Smyth County, Virginia.
    (e) Motorized Access in Emergencies.--The designation of lands as 
wilderness or a wilderness study area by an amendment made by this 
section does not prohibit the use of motor vehicles, motorized 
equipment, or motorboats or the landing of aircraft or other forms of 
mechanical transport, on the designated lands when required in 
connection with an emergency involving the health and safety of 
persons, including search and rescue efforts or the response to an 
Amber Alert.

            Passed the House of Representatives October 23, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1011

_______________________________________________________________________

                                 AN ACT

 To designate additional National Forest System lands in the State of 
  Virginia as wilderness or a wilderness study area, to designate the 
 Kimberling Creek Potential Wilderness Area for eventual incorporation 
in the Kimberling Creek 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.