[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2630 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2630

To establish the Shenandoah Mountain National Scenic Area in the State 
                  of Virginia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

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

_______________________________________________________________________

                                 A BILL


 
To establish the Shenandoah Mountain National Scenic Area in the State 
                  of Virginia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shenandoah Mountain Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National scenic area.--
                    (A) In general.--The term ``National Scenic Area'' 
                means the Shenandoah Mountain National Scenic Area 
                established by section 3(a).
                    (B) Inclusions.--The term ``National Scenic Area'' 
                includes--
                            (i) any National Forest System land within 
                        the boundary of the National Scenic Area that 
                        is administered as part of the National Scenic 
                        Area; and
                            (ii) any National Forest System land within 
                        the boundary of the National Scenic Area that 
                        is administered as a component of the National 
                        Wilderness Preservation System under the 
                        amendments made by section 4.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (3) State.--The term ``State'' means the State of Virginia.
            (4) Wilderness area.--The term ``Wilderness Area'' means a 
        wilderness area designated by paragraphs (21) through (25) of 
        section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 
        584; 114 Stat. 2057; 123 Stat. 1002) (as added by section 4).

SEC. 3. 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 92,562 acres of National Forest System land in the George 
Washington and Jefferson National Forests, 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 above sea level 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 settings and 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 by humans 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 evaluate applications for, and issue or 
                deny, special use authorizations 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) National Forest System Trail Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop a National 
        Forest System trail plan for National Forest System land in the 
        National Scenic Area that is not located in a Wilderness Area 
        in order to construct, maintain, and improve nonmotorized 
        recreation National Forest System trails 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 
        National Forest System trail plan developed under paragraph (1) 
        National Forest System land that is near, but not within the 
        boundary of, the National Scenic Area.
            (3) Public input.--In developing the National Forest System 
        trail plan under paragraph (1), the Secretary shall seek input 
        from interested parties, including members of the public.
            (4) Requirements.--The National Forest System trail plan 
        developed under paragraph (1) shall--
                    (A) promote sustainable trail management that 
                protects natural resources and provides diverse, high-
                quality recreation opportunities, which may include 
                loop trails for nonmotorized uses;
                    (B) consider natural resource protection, trail 
                sustainability, and trail maintenance needs as primary 
                factors in determining the location or relocation of 
                National Forest System trails; and
                    (C) develop a National Forest System trail outside 
                the Little River Wilderness Area in the area of the 
                Tillman Road corridor (along National 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), pending completion of the required 
                environmental analysis.
            (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 
        National Forest System trail plan developed under paragraph 
        (1), including the identification of the National Forest System 
        trail described in paragraph (4)(C) and any other priority 
        National Forest System 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 and related facilities within the 
                National Scenic Area are 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 be constructed only along National 
                Forest System roads.
    (g) Motorized Travel.--Motorized travel shall be allowed only 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 National Forest System land or 
                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 
management 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 and necessary burn unit 
preparation 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, solar, or other renewable energy 
                development; and
                    (E) designation of new utility corridors, utility 
                rights-of-way, or communications sites.
            (2) Effect.--Consistent with subsection (f)(3)(A), the 
        withdrawal under paragraph (1) shall not deny access to private 
        land or an interest in private land within the National Scenic 
        Area.
    (p) Management Plan.--
            (1) In general.--As soon as practicable after the date of 
        the completion of the National Forest System 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 management plan for the George Washington 
        and Jefferson National Forests 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 management plan for the George 
        Washington and Jefferson National Forests under section 6 of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1604).

SEC. 4. DESIGNATION OF WILDERNESS AREAS.

    Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 
584; 114 Stat. 2057; 123 Stat. 1002) is amended by adding at the end 
the following:
            ``(21) Skidmore fork wilderness.--Certain National Forest 
        System land in the George Washington and Jefferson National 
        Forests comprising approximately 5,088 acres, as generally 
        depicted on the applicable map filed under section 5(a)(2) of 
        the Shenandoah Mountain Act, which shall be known as the 
        `Skidmore Fork Wilderness'.
            ``(22) Ramseys draft wilderness addition.--Certain National 
        Forest System land in the George Washington and Jefferson 
        National Forests comprising approximately 6,961 acres, as 
        generally depicted on the applicable map filed under section 
        5(a)(2) of the Shenandoah Mountain Act, which shall be 
        incorporated into the Ramseys Draft Wilderness designated by 
        Public Law 98-586 (16 U.S.C. 1132 note; 98 Stat. 3106).
            ``(23) Lynn hollow wilderness.--Certain National Forest 
        System land in the George Washington and Jefferson National 
        Forests comprising approximately 3,568 acres, as generally 
        depicted on the applicable map filed under section 5(a)(2) of 
        the Shenandoah Mountain Act, which shall be known as the `Lynn 
        Hollow Wilderness'.
            ``(24) Little river wilderness.--Certain National Forest 
        System land in the George Washington and Jefferson National 
        Forests comprising approximately 12,461 acres, as generally 
        depicted on the applicable map filed under section 5(a)(2) of 
        the Shenandoah Mountain Act, which shall be known as the 
        `Little River Wilderness'.
            ``(25) Beech lick knob wilderness.--Certain National Forest 
        System land in the George Washington and Jefferson National 
        Forests comprising approximately 5,779 acres, as generally 
        depicted on the applicable map filed under section 5(a)(2) of 
        the Shenandoah Mountain Act, which shall be known as the `Beech 
        Lick Knob Wilderness'.''.

SEC. 5. MAPS AND BOUNDARY DESCRIPTIONS.

    (a) Filing.--As soon as practicable after the date of enactment of 
this Act, the Secretary 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 maps and boundary descriptions of--
            (1) the National Scenic Area; and
            (2) each of the Wilderness Areas.
    (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 clerical 
and typographical errors in the maps and boundary descriptions.
    (c) Maps Control.--In the case of any discrepancy between the 
acreage of the National Scenic Area or a Wilderness Area and the 
applicable map filed under subsection (a), the applicable map filed 
under that subsection shall control.
    (d) Availability.--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.
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