[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 570 Reported in Senate (RS)]
Calendar No. 781
110th CONGRESS
2d Session
S. 570
[Report No. 110-349]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2007
Mr. Warner (for himself and Mr. Webb) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
June 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Virginia
Ridge and Valley Act of 2007''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title and table of contents.
<DELETED>Sec. 2. Designation of additional National Forest System lands
in Jefferson National Forest, Virginia, as
wilderness or a wilderness study area.
<DELETED>Sec. 3. Designation of Kimberling Creek Potential Wilderness
Area, Jefferson National Forest, Virginia.
<DELETED>Sec. 4. Designation of Seng Mountain and Bear Creek Scenic
Areas, Jefferson National Forest, Virginia.
<DELETED>Sec. 5. Trail plan and development.
<DELETED>SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS
IN JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR
A WILDERNESS STUDY AREA.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``System--'' and inserting ``System:'';</DELETED>
<DELETED> (2) by striking ``certain'' at the beginning of
paragraphs (1) through (8) and inserting ``Certain'';</DELETED>
<DELETED> (3) by striking the semicolon at the end of
paragraphs (1) through (6) and inserting a period;</DELETED>
<DELETED> (4) by striking ``; and'' at the end of paragraph
(7) and inserting a period; and</DELETED>
<DELETED> (5) by adding at the end the following new
paragraphs:</DELETED>
<DELETED> ``(9) Certain lands in the Jefferson National
Forest, which comprise approximately 3,769 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 East Wilderness.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``certain'' at the beginning of
paragraphs (1) through (4) and inserting ``Certain'';</DELETED>
<DELETED> (2) by striking the semicolon at the end of
paragraphs (1) and (2) and inserting a period;</DELETED>
<DELETED> (3) by striking ``; and'' at the end of paragraph
(3) and inserting a period; and</DELETED>
<DELETED> (4) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Maps and Legal Descriptions.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Administration.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS
AREA, JEFFERSON NATIONAL FOREST, VIRGINIA.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Map and Legal Descriptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Ecological Restoration.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Wilderness Designation.--The potential wilderness area
shall be designated as wilderness and incorporated in the Kimberling
Creek Wilderness on the earlier of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the date that is five years after the date of
the enactment of this Act.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 4. DESIGNATION OF SENG MOUNTAIN AND BEAR CREEK SCENIC
AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA.</DELETED>
<DELETED> (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''):</DELETED>
<DELETED> (1) Certain lands in the Jefferson National
Forest, which comprise approximately 6,455 acres, as generally
depicted on the map entitled ``Seng Mountain and Raccoon
Branch'' and dated February 2007, and which shall be known as
the Seng Mountain National Scenic Area.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Maps and Legal Descriptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Purposes of Scenic Areas.--The scenic areas are
established for the purposes of--</DELETED>
<DELETED> (1) ensuring the protection and preservation of
scenic quality, water quality, natural characteristics, and
water resources;</DELETED>
<DELETED> (2) protecting wildlife and fish habitat,
consistent with paragraph (1);</DELETED>
<DELETED> (3) protecting areas that may develop
characteristics of old-growth forests; and</DELETED>
<DELETED> (4) providing a variety of recreation
opportunities, consistent with the preceding
paragraphs.</DELETED>
<DELETED> (d) Administration.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) as necessary for administrative use in
furtherance of the purposes of this section;</DELETED>
<DELETED> (2) in support of wildlife management projects in
existence as of the date of the enactment of this Act;
and</DELETED>
<DELETED> (3) on Forest Development Road 9410 and 84b during
deer and bear hunting seasons.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (k) Water.--The Secretary of Agriculture shall administer
the scenic areas so as to maintain and enhance water quality.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. TRAIL PLAN AND DEVELOPMENT.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (2) Nonmotorized recreation trails within the Seng
Mountain and Bear Creek Scenic Areas designated by section
4.</DELETED>
<DELETED> (b) Consultation.--The Secretary of Agriculture shall
establish the trail plan in consultation with interested
parties.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Trail Required.--The Secretary of Agriculture shall
develop a sustainable trail, using a contour curvilinear alignment, to
provide a continuous connection for non-motorized travel between County
Route 650 and Forest Development Road 4018 in Smyth County,
Virginia.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virginia Ridge and Valley Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Scenic areas.--The term ``scenic areas'' means the Seng
Mountain National Scenic Area and the Bear Creek National
Scenic Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN
JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A
WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law 100-326 (16
U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' each place it appears and
inserting ``Certain'';
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ``; and'' and inserting a
period; and
(5) by adding at the end the following:
``(9) Certain land in the Jefferson National Forest
comprising approximately 3,743 acres, as generally depicted on
the map entitled `Brush Mountain and Brush Mountain East' and
dated May 5, 2008, which shall be known as the `Brush Mountain
East Wilderness'.
``(10) Certain land in the Jefferson National Forest
comprising approximately 4,794 acres, as generally depicted on
the map entitled `Brush Mountain and Brush Mountain East' and
dated May 5, 2008, which shall be known as the `Brush Mountain
Wilderness'.
``(11) Certain land in the Jefferson National Forest
comprising approximately 4,223 acres, as generally depicted on
the map entitled `Seng Mountain and Raccoon Branch' and dated
April 28, 2008, which shall be known as the `Raccoon Branch
Wilderness'.
``(12) Certain land in the Jefferson National Forest
comprising approximately 3,270 acres, as generally depicted on
the map entitled `Stone Mountain' and dated April 28, 2008,
which shall be known as the `Stone Mountain Wilderness'.
``(13) Certain land in the Jefferson National Forest
comprising approximately 8,470 acres, as generally depicted on
the map entitled `Garden Mountain and Hunting Camp Creek' and
dated April 28, 2008, which shall be known as the `Hunting Camp
Creek Wilderness'.
``(14) Certain land in the Jefferson National Forest
comprising approximately 3,291 acres, as generally depicted on
the map entitled `Garden Mountain and Hunting Camp Creek' and
dated April 28, 2008, which shall be known as the `Garden
Mountain Wilderness'.
``(15) Certain land in the Jefferson National Forest
comprising approximately 5,476 acres, as generally depicted on
the map entitled `Mountain Lake Additions' and dated April 28,
2008, which is incorporated in the Mountain Lake Wilderness
designated by section 2(6) of the Virginia Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-586).
``(16) Certain land in the Jefferson National Forest
comprising approximately 308 acres, as generally depicted on
the map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Lewis Fork Wilderness designated by section 2(3) of the
Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586).
``(17) Certain land in the Jefferson National Forest
comprising approximately 1,845 acres, as generally depicted on
the map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Little Wilson Creek Wilderness designated by section 2(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586).
``(18) Certain land in the Jefferson National Forest
comprising approximately 2,219 acres, as generally depicted on
the map entitled `Shawvers Run Additions' and dated April 28,
2008, which is incorporated in the Shawvers Run Wilderness
designated by paragraph (4).
``(19) Certain land in the Jefferson National Forest
comprising approximately 1,203 acres, as generally depicted on
the map entitled `Peters Mountain Addition' and dated April 28,
2008, which is incorporated in the Peters Mountain Wilderness
designated by section 2(7) of the Virginia Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-586).
``(20) Certain land in the Jefferson National Forest
comprising approximately 263 acres, as generally depicted on
the map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated April 28, 2008, which is
incorporated in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C.
1132 note; Public Law 98-586).''.
(b) Designation of Wilderness Study Area.--Section 6(a) of the
Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586) is amended--
(1) by striking ``certain'' each place it appears and
inserting ``Certain'';
(2) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period;
(3) in paragraph (3), by striking ``; and'' and inserting a
period; and
(4) by adding at the end the following:
``(5) Certain land in the Jefferson National Forest
comprising approximately 3,226 acres, as generally depicted on
the map entitled `Lynn Camp Creek Wilderness Study Area' and
dated April 28, 2008, which shall be known as the `Lynn Camp
Creek Wilderness Study Area'.''.
SEC. 4. 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 land in the Jefferson National
Forest comprising approximately 349 acres, as generally depicted on the
map entitled ``Kimberling Creek Additions and Potential Wilderness
Area'' and dated April 28, 2008, is designated as a potential
wilderness area for incorporation in the Kimberling Creek Wilderness
designated by section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other
activity necessary to restore the natural ecosystems in the
potential wilderness area), the Secretary may use motorized
equipment and mechanized transport in the potential wilderness
area until the date on which the potential wilderness area is
incorporated into 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.
(d) 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 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 5 years after the date of enactment of
this Act.
SEC. 5. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL
FOREST, VIRGINIA.
(a) Establishment.--There are designated as National Scenic Areas--
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as
generally depicted on the map entitled ``Seng Mountain and
Raccoon Branch'' and dated April 28, 2008, which shall be known
as the ``Seng Mountain National Scenic Area''; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as
generally depicted on the map entitled ``Bear Creek'' and dated
April 28, 2008, which shall be known as the ``Bear Creek
National Scenic Area''.
(b) Purposes.--The purposes of the scenic areas are--
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and
fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to
provide a variety of recreation opportunities in the scenic
areas.
(c) Administration.--
(1) In general.--The Secretary shall administer the scenic
areas in accordance with--
(A) this Act; and
(B) the laws (including regulations) generally
applicable to the National Forest System.
(2) Authorized uses.--The Secretary shall only allow uses
of the scenic areas that the Secretary determines will further
the purposes of the scenic areas, as described in subsection
(b).
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop as an
amendment to the land and resource management plan for the
Jefferson National Forest a management plan for the scenic
areas.
(2) Effect.--Nothing in this subsection requires the
Secretary to revise the land and resource management plan for
the Jefferson National Forest under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(e) Roads.--
(1) In general.--Except as provided in paragraph (2), after
the date of enactment of this Act, no roads shall be
established or constructed within the scenic areas.
(2) Limitation.--Nothing in this subsection denies any
owner of private land (or an interest in private land) that is
located in a scenic area the right to access the private land.
(f) Timber Harvest.--
(1) In general.--Except as provided in paragraphs (2) and
(3), no harvesting of timber shall be allowed within the scenic
areas.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the scenic areas if the Secretary determines that the
harvesting is necessary to--
(A) control fire;
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use.--Firewood may be harvested
for personal use along perimeter roads in the scenic areas,
subject to any conditions that the Secretary may impose.
(g) Insect and Disease Outbreaks.--The Secretary may control insect
and disease outbreaks--
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation Management.--The Secretary may engage in vegetation
manipulation practices in the scenic areas to maintain the visual
quality and wildlife clearings in existence on the date of enactment of
this Act.
(i) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2),
motorized vehicles shall not be allowed within the scenic
areas.
(2) Exceptions.--The Secretary may authorize the use of
motorized vehicles--
(A) to carry out administrative activities that
further the purposes of the scenic areas, as described
in subsection (b);
(B) to assist wildlife management projects in
existence on the date of enactment of this Act; and
(C) during deer and bear hunting seasons--
(i) on Forest Development Roads 49410 and
84b; and
(ii) on the portion of Forest Development
Road 6261 designated on the map described in
subsection (a)(2) as ``open seasonally''.
(j) Wildfire Suppression.--Wildfire suppression within the scenic
areas shall be conducted--
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) Water.--The Secretary shall administer the scenic areas in a
manner that maintains and enhances water quality.
(l) Withdrawal.--Subject to valid existing rights, all Federal land
in the scenic areas is withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws.
SEC. 6. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary, in consultation with interested
parties, shall establish a trail plan to develop--
(1) in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.), hiking and equestrian trails in the
wilderness areas designated by paragraphs (9) through (20) of
section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as added
by section 3(a)(5)); and
(2) nonmotorized recreation trails in the scenic areas.
(b) Implementation Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to Congress a
report that describes the implementation of the trail plan, including
the identification of priority trails for development.
(c) Sustainable Trail Required.--The Secretary shall develop a
sustainable trail, using a contour curvilinear alignment, to provide
for nonmotorized travel along the southern boundary of the Raccoon
Branch Wilderness established by section 1(11) of Public Law 100-326
(16 U.S.C. 1132 note) (as added by section 3(a)(5)) connecting to
Forest Development Road 49352 in Smyth County, Virginia.
SEC. 7. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file with the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of Representatives maps
and boundary descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 3(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586) (as added by section 3(b)(4)); and
(4) the potential wilderness area designated by section
4(a).
(b) Force and Effect.--The maps and boundary descriptions filed
under subsection (a) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any minor
errors in the maps and boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps and
boundary descriptions filed under subsection (a) shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(d) Conflict.--In the case of a conflict between a map filed under
subsection (a) and the acreage of the applicable areas specified in
this Act, the map shall control.
SEC. 8. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the
effective date of that Act shall be considered to be a reference to the
date of enactment of this Act for purposes of administering--
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 3(a)(5)); and
(2) the potential wilderness area designated by section
4(a).
Calendar No. 781
110th CONGRESS
2d Session
S. 570
[Report No. 110-349]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 16, 2008
Reported with an amendment