Establishment of the Shenandoah Mountain National Scenic Area

(a)

Establishment

Subject to valid existing rights, there is established the Shenandoah Mountain National Scenic Area, consisting of approximately 92,449 acres of National Forest System land in the George Washington National Forest, as generally depicted on the map filed under section 5(a)(1).(b)

Purposes

The purposes of the National Scenic Area are—(1)to ensure the protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the National Scenic Area; (2)to protect wildlife, fish, and plant habitat in the National Scenic Area;(3)to protect outstanding natural biological values and habitat for plant and animal species along the Shenandoah Mountain crest above 3,000 feet elevation, including the Cow Knob salamander; (4)to protect forests in the National Scenic Area that may develop characteristics of old-growth forests;(5)to protect the Wilderness Areas; and(6)to provide for a variety of, and improve existing, recreation opportunities in the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in paragraphs (1) through (5).(c)

Administration

(1)

In general

Except as provided in paragraph (2), the Secretary shall administer the National Scenic Area in accordance with—(A)this section; and(B)the laws (including regulations) generally applicable to the National Forest System.(2)

Exception

Subject to valid existing rights, the Secretary shall administer the Wilderness Areas in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and any other laws applicable to the Wilderness Areas, except that any reference in that Act 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 the Wilderness Areas. (3)

Effect; conflicts

(A)

Effect

The establishment of the National Scenic Area shall not affect the administration of the Wilderness Areas.(B)

Conflicts

In the case of any conflict between the laws applicable to the Wilderness Areas, the Wilderness Act (16 U.S.C. 1131 et seq.) shall control. (4)

No buffer zones

(A)

In general

Nothing in this section creates a protective perimeter or buffer zone around the National Scenic Area or a Wilderness Area.(B)

Activities outside national scenic area or wilderness areas

The fact that an activity or use on land outside the National Scenic Area or a Wilderness Area can be seen or heard within the National Scenic Area or Wilderness Area shall not preclude the activity or use outside the boundaries of the National Scenic Area or Wilderness Area.(d)

Recreational uses

(1)

In general

Except as otherwise provided in this section or under applicable law, the Secretary shall authorize the continuation of, or seek to improve, authorized recreational uses of the National Scenic Area in existence on the date of enactment of this Act.(2)

Effect

Nothing in this section interferes with the authority of the Secretary— (A)to maintain or improve nonmotorized trails and recreation sites within the National Scenic Area; (B)to construct new nonmotorized trails and recreation sites within the National Scenic Area; (C)to adjust recreational uses within the National Scenic Area for reasons of sound resource management or public safety; and(D)to approve and issue or deny special use permits in connection with recreation within the National Scenic Area.(3)

Requirement

Recreation within the National Scenic Area shall be conducted in a manner consistent with the purposes of the National Scenic Area described in subsection (b).(e)

Trail plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a trail plan for National Forest System land in the National Scenic Area that is not a Wilderness Area, in order to maintain, improve, and develop nonmotorized recreation trails on the National Forest System land in a manner consistent with the purposes of the National Scenic Area described in subsection (b).(2)

Potential inclusion

The Secretary may address in the trail plan developed under paragraph (1) National Forest System land that is near, but not within the boundary of, the National Scenic Area. (3)

Consultation

In developing the trail plan under paragraph (1), the Secretary shall consult with interested parties, including members of the public. (4)

Requirements

The trail plan developed under paragraph (1) shall—(A)promote sustainable trail management that protects natural resources and provides diverse, high-quality, and safe recreation opportunities, which may include loop trails for all nonmotorized uses; (B)consider natural resource protection, trail sustainability, and trail maintenance needs as primary factors in determining the location or relocation of trails; and (C)develop a trail outside of the Little River Wilderness Area in the area of the Tillman Road corridor (along Forest System road 101) to connect the Wolf Ridge Trail parking area to the Wild Oak National Recreation Trail, as generally depicted on the applicable map filed under section 5(a)(2).(5)

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 developed under paragraph (1), including the identification of the trail described in paragraph (4)(C) and any other priority trails identified for development. (f)

Roads

(1)

In general

The establishment of the National Scenic Area shall not—(A)result in the closure of any National Forest System roads, as generally depicted on the map filed under section 5(a)(1); or(B)modify public access within the National Scenic Area.(2)

No new roads

No new roads shall be constructed in the National Scenic Area after the date of enactment of this Act. (3)

Effect

Nothing in this section—(A)denies any owner of private land or an interest in private land that is located within the National Scenic Area the right to access the private land; (B)alters the authority of the Secretary to open or close roads in the National Scenic Area in existence on the date of enactment of this Act in furtherance of the purposes of this Act; or(C)alters the authority of the State—(i)to maintain the access road to the crest of Shenandoah Mountain (Route 924); or (ii)to realign the access road described in clause (i) if necessary for reasons of sound resource management or public safety. (4)

Parking areas

(A)

In general

Subject to subparagraph (B), the reconstruction, minor relocation, and construction of parking areas in the National Scenic Area is authorized in a manner consistent with the purposes of the National Scenic Area described in subsection (b).(B)

Limitation

Additional trailhead parking areas authorized in the National Scenic Area under subparagraph (A) may only be constructed along National Forest System roads. (g)

Motorized vehicles

Motorized travel shall only be allowed on roads within the portions of the National Scenic Area that are not Wilderness Areas, in a manner consistent with subsection (f). (h)

Water

The Secretary shall administer the National Scenic Area in a manner that maintains and enhances water quality. (i)

Water impoundments

The establishment of the National Scenic Area shall not prohibit—(1)the operation, maintenance, or improvement of, or access to, dams, reservoirs, or related infrastructure in existence on the date of enactment of this Act, as generally depicted on the map filed under section 5(a)(1); or(2)the establishment of new dams, reservoirs, or related infrastructure if necessary for municipal use. (j)

Timber harvest

(1)

In general

Except as provided in paragraph (2), no harvesting of timber shall be allowed within the National Scenic Area. (2)

Exceptions

(A)

Necessary harvesting

The Secretary may authorize harvesting of timber in the National Scenic Area if the Secretary determines that the harvesting is necessary— (i)to control fire;(ii)to provide for public safety or trail access;(iii)to construct or maintain overlooks and vistas; or(iv)to control insect or disease outbreaks.(B)

Firewood for personal use

Firewood may be harvested for personal use along roads within the National Scenic Area, subject to any conditions that the Secretary may require.(k)

Insect and disease outbreaks

(1)

In general

Subject to paragraph (2), the Secretary may carry out activities necessary to control insect and disease outbreaks in a manner consistent with the purposes of the National Scenic Area described in subsection (b)— (A)to maintain scenic quality;(B)to reduce hazards to visitors; or (C)to protect private land.(2)

Limitations

For purposes of activities carried out under paragraph (1)—(A)native forest insect and disease outbreaks shall be controlled only—(i)to prevent unacceptable damage to resources on adjacent land; or (ii)to protect threatened, endangered, sensitive, or locally rare species, with biological control methods being favored; and (B)nonnative insects and diseases may be eradicated or suppressed only in order to prevent a loss of a special biological community. (l)

Vegetation management

The Secretary may engage in vegetation manipulation practices within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in subsection (b)— (1)to maintain wildlife clearings and scenic enhancements in existence on the date of enactment of this Act; or (2)to construct not more than 100 acres of additional wildlife clearings by—(A)expanding wildlife clearings in existence on the date of enactment of this Act; or (B)constructing new wildlife clearings of approximately 2 to 5 acres.(m)

Wildfire suppression

(1)

In general

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from carrying out wildfire suppression activities within the National Scenic Area. (2)

Requirements

Wildfire suppression activities within the National Scenic Area shall be carried out— (A)in a manner consistent with the purposes of the National Scenic Area described in subsection (b); and(B)using such means as the Secretary determines to be appropriate.(n)

Prescribed fire

Nothing in this section prohibits the Secretary from conducting prescribed burns within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in subsection (b).(o)

Withdrawal

(1)

In general

Subject to valid existing rights, all Federal land within the National Scenic Area is withdrawn from— (A)entry, appropriation, or disposal under the public land laws;(B)location, entry, and patent under the mining laws;(C)operation of the mineral leasing and geothermal leasing laws;(D)wind energy development; and(E)designation of new utility corridors, utility rights-of-way, or communication sites.(2)

Effect

The withdrawal under paragraph (1) shall not deny access to private interests within the National Scenic Area.(p)

Management plan

(1)

In general

As soon as practicable after the date of the completion of the trail plan under subsection (e), but 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 George Washington National Forest a management plan for the National Scenic Area that is consistent with this section. (2)

Effect

Nothing in this subsection requires the Secretary to revise the land and resource management plan for the George Washington National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).