[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