Congressional Record, Volume 153 Issue 161 (Tuesday, October 23, 2007)

[Congressional Record Volume 153, Number 161 (Tuesday, October 23, 2007)]
[House]
[Pages H11900-H11908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VIRGINIA RIDGE AND VALLEY ACT OF 2007

Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 763, I call up
the bill (H.R. 1011) 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, and ask for its immediate consideration.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1011

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

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

(a) Designation of Wilderness.--Section 1 of Public Law
100-326 (102 Stat. 584; 16 U.S.C. 1132 note), as amended by
Public Law 106-471 (114 Stat. 2057), is further amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' at the beginning of paragraphs
(1) through (8) and inserting ``Certain'';
(3) by striking the semicolon at the end of paragraphs (1)
through (6) and inserting a period;
(4) by striking ``; and'' at the end of paragraph (7) and
inserting a period; and
(5) by adding at the end the following new paragraphs:
``(9) Certain lands in the Jefferson National Forest, which
comprise approximately 3,769 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.
``(10) Certain lands in the Jefferson National Forest,
which comprise approximately 4,794 acres, as generally
depicted on the map entitled `Brush Mountain and Brush
Mountain East' and dated February 2007, and which shall be
known as the Brush Mountain Wilderness.
``(11) Certain lands in the Jefferson National Forest,
which comprise approximately 4,223 acres, as generally
depicted on the map entitled `Seng Mountain and Raccoon
Branch' and dated February 2007, and which shall be known as
the Raccoon Branch Wilderness.
``(12) Certain lands in the Jefferson National Forest,
which comprise approximately 3,270 acres, as generally
depicted on the map entitled `Stone Mountain' and dated
February 2007, and which shall be known as the Stone Mountain
Wilderness.
``(13) Certain lands in the Jefferson National Forest,
which comprise approximately 8,470 acres, as generally
depicted on the map entitled `Hunting Camp Creek and Garden
Mountain' and dated February 2007, and which shall be known
as the Hunting Camp Creek Wilderness.
``(14) Certain lands in the Jefferson National Forest,
which comprise approximately 3,291 acres, as generally
depicted on the map entitled `Hunting Camp Creek and Garden
Mountain' and dated February 2007, and which shall be known
as the Garden Mountain Wilderness.
``(15) Certain lands in the Jefferson National Forest,
which comprise approximately 5,476 acres, as generally
depicted on the map entitled `Mountain Lake Additions' and
dated February 2007, and which are hereby incorporated in the
Mountain Lake Wilderness designated by section 2(6) of the
Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat.
3105).
``(16) Certain lands in the Jefferson National Forest,
which comprise approximately 308 acres, as generally depicted
on the map entitled `Lewis Fork Addition and Little Wilson
Creek Additions' and dated February 2007, and which are
hereby incorporated in the Lewis Fork Wilderness designated
by section 2(3) of the Virginia Wilderness Act of 1984
(Public Law 98-586; 98 Stat. 3105).
``(17) Certain lands in the Jefferson National Forest,
which comprise approximately 1,845 acres, as generally
depicted on the map entitled `Lewis Fork Addition and Little
Wilson Creek Additions' and dated February 2007, and which
are hereby incorporated in the Little Wilson Creek Wilderness
designated by section 2(5) of the Virginia Wilderness Act of
1984 (Public Law 98-586; 98 Stat. 3105).
``(18) Certain lands in the Jefferson National Forest,
which comprise approximately 2,249 acres, as generally
depicted on the map entitled `Shawvers Run Additions' and
dated February 2007, and which are hereby incorporated in the
Shawvers Run Wilderness designated by paragraph (4).
``(19) Certain lands in the Jefferson National Forest,
which comprise approximately 1,203 acres, as generally
depicted on the map entitled `Peters Mountain Addition' and
dated February 2007, and which are hereby incorporated in the
Peters Mountain Wilderness designated by section 2(7) of the
Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat.
3105).
``(20) Certain lands in the Jefferson National Forest,
which comprise approximately 263 acres, as generally depicted
on the map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated February 2007, and which are
hereby incorporated in the Kimberling Creek Wilderness
designated by section 2(2) of the Virginia Wilderness Act of
1984 (Public Law 98-586; 98 Stat. 3105).''.
(b) Designation of Wilderness Study Area.--Section 6(a) of
the Virginia Wilderness Act of 1984 (Public Law 98-586; 98
Stat. 3108) is amended--
(1) by striking ``certain'' at the beginning of paragraphs
(1) through (4) and inserting ``Certain'';
(2) by striking the semicolon at the end of paragraphs (1)
and (2) and inserting a period;
(3) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(4) by adding at the end the following new paragraph:
``(5) Certain lands in the Jefferson National Forest, which
comprise approximately 3,226 acres, as generally depicted on
a map entitled `Lynn Camp Creek Wilderness Study Area' and
dated February 2007, and which shall be known as the Lynn
Camp Creek Wilderness Study Area.''.
(c) Maps and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Agriculture, Nutrition, and

[[Page H11901]]

Forestry of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of
Representatives a map and legal description of each
wilderness area designated or expanded by the amendments made
by subsection (a) and of the Lynn Camp Creek Wilderness Study
Area designated by the amendment made by subsection (b).
(2) Force and effect.--The maps and legal descriptions
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
of Agriculture may correct clerical and typographical errors
in the maps and descriptions. In the case of any discrepancy
between the acreage specified in the amendments made by
subsection (a) or (b) and the corresponding map filed under
paragraph (1), the map shall control.
(3) Availability.--The maps and legal descriptions referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(d) Administration.--
(1) New wilderness areas.--Subject to valid existing
rights, the Secretary of Agriculture shall administer the
lands in the Jefferson National Forest designated as a new
wilderness area by the amendments made by subsection (a) in
accordance with this section and the Wilderness Act (16
U.S.C. 1131 et seq.), except that, with respect to such
lands, any reference in the Wilderness Act to the effective
date of that Act shall be deemed to be a reference to the
date of the enactment of this Act.
(2) Expanded wilderness areas.--Subject to valid existing
rights, the Secretary of Agriculture shall administer the
lands in the Jefferson National Forest designated as
wilderness and incorporated into an existing wilderness area
by the amendments made by subsection (a) in accordance with
this section, the Wilderness Act (16 U.S.C. 1131 et seq.),
and other laws applicable to that wilderness area, except
that, with respect to such lands, any reference in the
Wilderness Act to the effective date of that Act shall be
deemed to be a reference to the date of the enactment of this
Act.

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

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

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

(a) Establishment.--The following National Forest System
lands in the State of Virginia are hereby designated as
National Scenic Areas (in this section referred to as the
``scenic areas''):
(1) Certain lands in the Jefferson National Forest, which
comprise approximately 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.
(2) Certain lands in the Jefferson National Forest, which
comprise approximately 5,128 acres, as generally depicted on
the map entitled ``Bear Creek'' and dated February 2007, and
which shall be known as the Bear Creek National Scenic Area.
(b) Maps and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of
Representatives a map and legal description of each of the
scenic areas.
(2) Force and effect.--The maps and legal descriptions
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
of Agriculture may correct clerical and typographical errors
in the maps and descriptions. In the case of any discrepancy
between the acreage specified in subsection (a) and the
corresponding map filed under paragraph (1), the map shall
control.
(3) Availability.--The maps and legal descriptions referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(c) Purposes of Scenic Areas.--The scenic areas are
established for the purposes of--
(1) ensuring the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources;
(2) protecting wildlife and fish habitat, consistent with
paragraph (1);
(3) protecting areas that may develop characteristics of
old-growth forests; and
(4) providing a variety of recreation opportunities,
consistent with the preceding paragraphs.
(d) Administration.--
(1) In general.--The Secretary of Agriculture shall
administer the scenic areas in accordance with this section
and the laws and regulations generally applicable to the
National Forest System. In the event of conflict between this
section and other laws and regulations, this section shall
take precedence.
(2) Consistent use.--The Secretary shall only allow such
uses of the scenic areas as the Secretary finds will further
the purposes for which the scenic areas are established.
(e) Management Plan.--Within two years after the date of
the enactment of this Act, the Secretary of Agriculture shall
develop a management plan for the scenic areas consistent
with this section. The management plan shall be developed as
an amendment to the land and resource management plan for the
Jefferson National Forest, except that nothing in this
section requires the Secretary to revise the land and
resource management plan for the Jefferson National Forest
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(f) Roads.--After the date of the enactment of this Act, no
roads shall be established or constructed within the scenic
areas, except that this prohibition shall not be construed to
deny access to private lands or interests therein in the
scenic areas.
(g) Vegetation Management.--No timber harvest shall be
allowed within the scenic areas, except as the Secretary of
Agriculture finds necessary in the control of fire, insects,
and diseases and to provide for public safety and trail
access. Notwithstanding the preceding sentence, the Secretary
may engage in vegetation manipulation practices for
maintenance of existing wildlife clearings and visual
quality. Firewood may be harvested for personal use along
perimeter roads under such conditions as the Secretary may
impose.
(h) Motorized Travel.--Motorized travel shall not be
permitted within the scenic areas, except that the Secretary
of Agriculture may authorize motorized travel within the
scenic areas--
(1) as necessary for administrative use in furtherance of
the purposes of this section;
(2) in support of wildlife management projects in existence
as of the date of the enactment of this Act; and
(3) on Forest Development Road 9410 and 84b during deer and
bear hunting seasons.
(i) Fire.--Wildfires in the scenic area shall be suppressed
in a manner consistent with the purposes of this section,
using such means as the Secretary of Agriculture considers
appropriate.

[[Page H11902]]

(j) Insects and Disease.--Insect and disease outbreaks may
be controlled in the scenic areas to maintain scenic quality,
prevent tree mortality, reduce hazards to visitors, or
protect private lands.
(k) Water.--The Secretary of Agriculture shall administer
the scenic areas so as to maintain and enhance water quality.
(l) Mining Withdrawal.--Subject to valid existing rights,
all federally owned lands in the scenic areas are withdrawn
from location, entry, and patent under the mining laws of the
United States and from leasing claims under the mineral and
geothermal leasing laws of the United States, including
amendments to such laws.

SEC. 5. TRAIL PLAN AND DEVELOPMENT.

(a) Trail Plan.--The Secretary of Agriculture shall
establish a trail plan for National Forest System lands
described in this subsection in order to develop the
following:
(1) Hiking and equestrian trails on the lands in the
Jefferson National Forest designated as wilderness by the
amendments made by section 2(a), in a manner consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Nonmotorized recreation trails within the Seng Mountain
and Bear Creek Scenic Areas designated by section 4.
(b) Consultation.--The Secretary of Agriculture shall
establish the trail plan in consultation with interested
parties.
(c) Implementation Report.--Not later than two years after
the date of the enactment of this Act, the Secretary of
Agriculture shall submit to Congress a report on the
implementation of the trail plan, including the
identification of priority trails for development.
(d) Trail Required.--The Secretary of Agriculture shall
develop a sustainable trail, using a contour curvilinear
alignment, to provide a continuous connection for non-
motorized travel between County Route 650 and Forest
Development Road 4018 in Smyth County, Virginia.

The SPEAKER pro tempore. Pursuant to House Resolution 763, the
amendment in the nature of a substitute printed in the bill is adopted
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:

H.R. 1011

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

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

(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain lands in the
Jefferson National

[[Page H11903]]

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

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

(a) Establishment.--The following National Forest System
lands in the State of Virginia are hereby designated as
National Scenic Areas (in this section referred to as the
``scenic areas''):
(1) Certain lands in the Jefferson National Forest, which
comprise approximately 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.
(2) Certain lands in the Jefferson National Forest, which
comprise approximately 5,128 acres, as generally depicted on
the map entitled ``Bear Creek'' and dated February 2007, and
which shall be known as the Bear Creek National Scenic Area.
(b) Maps and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of
Representatives a map and legal description of each of the
scenic areas.
(2) Force and effect.--The maps and legal descriptions
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
of Agriculture may correct clerical and typographical errors
in the maps and descriptions. In the case of any discrepancy
between the acreage specified in subsection (a) and the
corresponding map filed under paragraph (1), the map shall
control.
(3) Availability.--The maps and legal descriptions referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(c) Purposes of Scenic Areas.--The scenic areas are
established for the purposes of--
(1) ensuring the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources;
(2) protecting wildlife and fish habitat, consistent with
paragraph (1);
(3) protecting areas that may develop characteristics of
old-growth forests; and
(4) providing a variety of recreation opportunities,
consistent with the preceding paragraphs.
(d) Administration.--
(1) In general.--The Secretary of Agriculture shall
administer the scenic areas in accordance with this section
and the laws and regulations generally applicable to the
National Forest System. In the event of conflict between this
section and other laws and regulations, this section shall
take precedence.
(2) Consistent use.--The Secretary shall only allow such
uses of the scenic areas as the Secretary finds will further
the purposes for which the scenic areas are established.
(e) Management Plan.--Within two years after the date of
the enactment of this Act, the Secretary of Agriculture shall
develop a management plan for the scenic areas consistent
with this section. The management plan shall be developed as
an amendment to the land and resource management plan for the
Jefferson National Forest, except that nothing in this
section requires the Secretary to revise the land and
resource management plan for the Jefferson National Forest
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(f) Roads.--After the date of the enactment of this Act, no
roads shall be established or constructed within the scenic
areas, except that this prohibition shall not be construed to
deny access to private lands or interests therein in the
scenic areas.
(g) Vegetation Management.--No timber harvest shall be
allowed within the scenic areas, except as the Secretary of
Agriculture finds necessary in the control of fire, insects,
and diseases and to provide for public safety and trail
access. Notwithstanding the preceding sentence, the Secretary
may engage in vegetation manipulation practices for
maintenance of existing wildlife clearings and visual
quality. Firewood may be harvested for personal use along
perimeter roads under such conditions as the Secretary may
impose.
(h) Motorized Travel.--Motorized travel shall not be
permitted within the scenic areas, except that the Secretary
of Agriculture may authorize motorized travel within the
scenic areas--
(1) as necessary for administrative use in furtherance of
the purposes of this section;
(2) in support of wildlife management projects in existence
as of the date of the enactment of this Act; and
(3) on Forest Development Roads 9410 and 84b during deer
and bear hunting seasons and on that portion of Forest
Development Road 6261 designated on the map referred to in
subsection (a)(2) as ``open seasonally'' during deer and bear
hunting seasons.
(i) Fire.--Wildfires in the scenic area shall be suppressed
in a manner consistent with the purposes of this section,
using such means as the Secretary of Agriculture considers
appropriate.
(j) Insects and Disease.--Insect and disease outbreaks may
be controlled in the scenic areas to maintain scenic quality,
prevent tree mortality, reduce hazards to visitors, or
protect private lands.
(k) Water.--The Secretary of Agriculture shall administer
the scenic areas so as to maintain and enhance water quality.
(l) Mining Withdrawal.--Subject to valid existing rights,
all federally owned lands in the scenic areas are withdrawn
from location, entry, and patent under the mining laws of the
United States and from leasing claims under the mineral and
geothermal leasing laws of the United States, including
amendments to such laws.

SEC. 5. TRAIL PLAN AND DEVELOPMENT.

The SPEAKER pro tempore. After 1 hour of debate on the bill, as
amended, it shall be in order to consider the amendment printed in
House Report 110-403 if offered by the gentleman from Virginia (Mr.
Goodlatte) or his designee, which shall be in order without
intervention of any point of order or demand for division of the
question, shall be considered read, and shall be debatable for 10
minutes, equally divided and controlled by the proponent and an
opponent.
The gentleman from West Virginia (Mr. Rahall) and the gentleman from
Alaska (Mr. Young) each will control 30 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. RAHALL. Mr. Speaker, I yield to the gentleman from Virginia (Mr.

[[Page H11904]]

Scott) for the purpose of a unanimous consent request.
(Mr. SCOTT of Virginia asked and was given permission to revise and
extend his remarks.)
Mr. SCOTT of Virginia. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 1011, the Virginia Ridge
and Valley Act of 2007, introduced by my colleague from Virginia's
Ninth Congressional District, Congressman Rick Boucher. I am proud to
have been an original cosponsor of this important conservation
legislation in this Congress and in the last Congress and I commend
Congressman Boucher for all his hard work on this bill over the years.
This bipartisan bill will protect approximately 54,000 acres of the
Jefferson National Forest in Virginia through the designation of
additional wilderness areas and the creation of new National Scenic
Areas. Although mechanized traffic and equipment would be prohibited in
much of these areas, recreational activities would be permitted and
encouraged throughout these new designations contributing to the local
economy of Southwest Virginia. Protecting these additional acres of
pristine forest will ensure that future generations will be able to
enjoy the natural beauty of Southwest Virginia. We must also be
vigilant in protecting environmentally sensitive areas by promoting
responsible land use plans, which this bill does.
The bill before us today was reported out of the Natural Resources
Committee by voice vote, is endorsed by the U.S. Forest Service, and is
supported by Virginia Governor Tim Kaine, members from both parties in
the Virginia delegation, both of Virginia's Senators, John Warner and
Jim Webb, the Board of Supervisors in Bland County, Craig County,
Montgomery County, and Smyth County, and various environmental
organizations, including the League of Conservation Voters, the Garden
Club of Virginia, the Natural Resources Defense Council, the Sierra
Club, the Wilderness Society, and the Virginia Wilderness Committee.
Mr. Speaker, this bill is vitally important to conservation efforts
in the Commonwealth of Virginia and to guaranteeing that future
generations of Americans can experience the natural wonder and beauty
of Southwest Virginia. I applaud Congressman Boucher and his staff for
all of their hard work on this bill. I encourage my colleagues to
support the legislation and I encourage each of them to experience
firsthand the pristine natural beauty of Southwest Virginia.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1011, the Virginia Ridge and Valley Act, was introduced by my
friend and neighboring colleague, Representative Rick Boucher.
The bill designates nearly 40,000 acres in the Jefferson National
Forest as wilderness and nearly 12,000 acres as National Scenic Areas.
These natural spaces represent some of the true wild gems of the
Commonwealth of Virginia and my State of West Virginia.
H.R. 1011 is a strong bipartisan measure that is cosponsored by
several other representatives from Virginia. H.R. 1011 also has broad
support from Governor Tim Kaine, both Virginia Senators, four county
boards of supervisors, local businesses, State organizations, hunters
and faith groups.
Each of the areas within H.R. 1011 were either recommended for
wilderness designation in the 2004 Jefferson National Forest Plan or
have been endorsed by the local board of supervisors of the relevant
county. All the areas of H.R. 1011 are located within the district of
Representative Boucher, who has been a true leader and fighter for this
legislation and deserves the commendation of us all.
All are located within his District, as I said, with the exception of
a 555 wilderness-acre addition that I am proud to note is in my
congressional district in Monroe County, West Virginia. Wilderness
designation is not new to this portion of Virginia. In addition to
designating six new wilderness areas, the legislation provides for
additions to six existing wilderness areas.
The people of this area are well acquainted with wilderness, and H.R.
1011 reflects their desire to preserve these natural treasures. By
designating wilderness, the Congress has long recognized that there are
some places that should be left to the management of Mother Nature and
that the all-knowing Creator's careful handiwork is something worth
conserving and cherishing.
H.R. 1011 is a well-crafted and meritorious measure that has broad
support for those who live in the area and their elected officials.
Mr. Speaker, I urge adoption of the bill in the House today.
I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I come from a State which has more
of its land locked up in wilderness than any other State, 58 million
acres. This is larger than the entire State of New York and accounts
for 56 percent of all the wilderness in the United States, so I think I
know wilderness. I know that a lot of wilderness in Alaska is
designated for reasons that have little to do with the stated goals of
the Wilderness Act.
The designations have blocked vital uses of these lands and blocked
access to State and private resources that we Alaskans were promised
when we entered statehood. There have been and still are major
consequences for what Congress did in 1980. In the East, where most of
you come from, that is not always the case.
All I can say is that if this is what Mr. Boucher and his
constituents want in Virginia, then good luck. I can guess that one
day, I think that one day they will regret this action. Given
Virginia's population growth, the severe risk of forest fires, such as
they are in California today, caused by sustained drought, I believe
all but two counties have been declared disaster areas by the Governor
last week, problems with gypsy moths and other agricultural threats to
this area and the dampening effect that wilderness restrictions can
have on the development of adjacent areas, you may wonder why you have
brought this upon yourself. We should be looking to give the Forest
Service more tools to manage our lands, not taking them away, which is
exactly what wilderness does.
Once this bill becomes law, our constituents, your constituents, may
find that they may not be able to burn wood in their fireplaces that
keep them warm in the winter because their quality of wilderness must
be protected, or that a new school or hospital can't be built because
the view shed for the wilderness could be affected. People are even
talking about ``smellscapes'' when it comes to wilderness areas, so
enjoy your Weber grill right now while you can.
The committee should also know that H.R. 1011 designates nearly
27,000 acres of wilderness above what was recommended by the Forest
Service. This is contrary to the recently revised Jefferson National
Forest Plan, which took 11 years, millions of dollars, and extensive
public involvement to create. We asked for this study. They followed
the rules, but now we are ignoring the professional land managers.
In addition, H.R. 1011 will endanger citizens living near this
proposed wilderness area by tying the hands of the Forest Service, who
need to perform proactive treatments that could reduce the risk of
wildfires. Wildfires, I keep stressing that because we are seeing what
is happening in California. If they cleared off those forests around
those homes, they would not be burning today, but that was prohibited.
Nonqualifying areas are now being actively managed for endangered
threatened species protection, and this could come to an end.
The amendment filed by Mr. Goodlatte helps mitigate some of these
issues, and I will strongly support the amendment. Most notably, the
amendment will remove 26 acres which contain a power line and remove
1,263 acres from the proposed designation to allow continued use of the
Barton Gap Motorized trail and Wildlife Habitat Management in key
areas.
I could go on and on about this. I just want to warn people, it is
not the area we are talking about; it is the Wilderness Act itself, and
it should be upgraded. I encourage my chairman to do so so that we can
address those problems that can occur from the designation of
wilderness, taking care of gypsy moths, taking care of the fires,
taking care of the ability to access and to have the availability of
the area for public use. If we do not do that, then I think we are
doing ourselves a great mistake.
I do not live in this area. I am not affected by it. That's why, very
frankly, I am not raising some of the objections that I should have
raised to it.
I think you will learn, though, in the long run, you are not doing
yourselves a favor. The Forest Service themselves can manage this land
in a manner that will take and provide for the people. It

[[Page H11905]]

does not have to be designated as a wilderness area.
Again, it has already been done. We have moved it out of committee,
and I will say, again, may I not be on this floor when you come back to
say we have to revise it.
Mr. Speaker, I reserve the balance of my time.

{time} 1715

Mr. RAHALL. Mr. Speaker, I'm very proud to yield 5 minutes to my dear
friend and the very powerful subcommittee Chair of Energy and Air
Quality, Mr. Boucher.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. Mr. Speaker, I want to thank the gentleman from West
Virginia (Mr. Rahall) who, with such distinction, chairs the Committee
on Natural Resources, for his leadership and his very able assistance
in bringing this measure to the House floor today.
Earlier this year, I introduced the legislation, along with other
members of Virginia's House delegation. In fact, original cosponsors of
this legislation comprise a majority of Virginia's House delegation,
and it is a bipartisan majority of that delegation. And I want to
express my appreciation to our colleagues from Virginia,
Representatives Wolf, Davis, Scott and Moran for coauthoring the bill,
along with me, and for their strong support of this effort. I would
also note, Mr. Speaker, that the legislation was coauthored by our
recently departed colleague, Mrs. Davis as well.
Again, on a bipartisan basis, Virginia's United States Senators have
introduced a measure identical to the bill that is under consideration
today.
The Virginia Ridge and Valley Act offers needed protection to 53,000
acres of national forest land in the congressional district that I have
the privilege of representing. It extends protection to approximately
550 acres of the Jefferson National Forest situated in our neighboring
State of West Virginia, in the congressional district represented by
Chairman Rahall.
Of the total acreage protected, 43,000 acres will receive the
wilderness designation, and 10,000 acres will become new national
scenic areas. These designations confer both economic and environmental
benefits that are of great importance to our region.
Virginia's national forest provides an excellent outdoor experience
with our State's highest mountains, fast-flowing rivers and superb
hunting, camping, fishing, backpacking, winter sports and other
activities.
Our existing wilderness areas are treasured by a growing number of
travelers who collectively are boosting Virginia's tourism economy. In
fact, tourism is among the fastest growing of all the industries in my
congressional district; and our existing wilderness areas, which are a
haven for outdoor activities and recreation of various kinds, are a
significant contributor to that current growth in the economy within my
region.
The protections we're extending today for lands containing rare
treasures of Virginia's natural heritage and the permanent protection
that will then be afforded will further enhance our region's travel
economy. These designations also protect old-growth timber, wildlife
habitat, and our region's clean water resources.
Virginia has a long and proud history of resource conservation and
protection of our diverse ecosystems. We have continual awareness of
the unique role that our natural landscape plays in our culture and in
our State's history. That awareness is reflected in the bipartisan
support for this measure in both our House and Senate delegations. It
is reflected in the endorsement of this bill by local governments in my
congressional district, and it is reflected in the endorsements for the
bill of numerous civic organizations and literally of scores of local
businesses.
With thanks to the six Virginia cosponsors, and all who have assisted
us, and particular thanks to Chairman Rahall of the Natural Resources
Committee, and his outstanding staff, I urge passage of the Virginia
Ridge and Valley Act.
Over the last several weeks, I have been engaged in discussions with
my friend and colleague, the gentleman from our neighboring Sixth
Congressional district in Virginia (Mr. Goodlatte) regarding the
possibility of adjusting the boundaries of some of the areas receiving
protection in this legislation.
Mr. Goodlatte will be offering an amendment shortly that reflects our
conversations and our agreement to adjust some of those boundaries.
I'll be urging the adoption of Mr. Goodlatte's amendment when that
amendment is offered later this afternoon.
I, again, thank the gentleman from West Virginia for yielding this
time to me.
Mr. YOUNG of Alaska. Mr. Speaker, I appreciate the gentleman that
just spoke and his presentation. I just, again, wish that people would
understand it's not the wilderness itself; it's how the act has been
written. And if you think you're going to make a living off of coffee
shops and tourism, these are low-grade paying jobs. I've seen it
happen. I've seen my town of Ketchikan. We created a forest that we
can't harvest and we took $80,000 jobs now down to the minimum wage.
That will happen too. So I just, and it's too late, it's your district.
You believe in what you say, and I commend you for it. But this is not
the economy which I see, serving those that come from the larger urban
areas, the elitists, as I call it.
And this area, by the way, was farmed at one time, as you know, and
timbered and mined. People had jobs that provided and produced. We are
rapidly becoming a Nation of consumption and of no production, of
pleasure and no sweat.
Having said that, I have no other speakers, and yield back the
balance of my time.
Mr. DAVIS of Virginia. Mr. Speaker, in 1964 Congress created the
Wilderness Preservation System to recognize and protect pure,
untarnished areas of land. With a wilderness designation, the land is
off-limits to development, natural resource extraction and most forms
of mechanized activity. Congress created this system as they witnessed
these natural splendors continuing to disappear. Forty years later,
lands remain eligible for such a designation, but Congress has failed
to provide them protection.
These areas are rarer today than ever before. Failure to protect them
now would leave them vulnerable to actions that could jeopardize the
inherent qualities that make them eligible to be classified as
wilderness.
With passage, the House will designate 43,000 acres of the Jefferson
National Forest as wilderness and add 12,000 acres to the National
Scenic Areas inventory. With this action we will ensure our nation's
children and grandchildren visiting our great Commonwealth in the years
to come, will have the same access to pristine lands as was available
to us and those who preceded us.
The solitude that can be found in these areas is something every
American should experience. It harkens back to the founding of this
great nation and provides an insight into the minds of those gone by.
As we continue to experience economic gains, we can also expect
continued population growth, sprawl and strain on our environment. With
these combined factors, our untarnished lands grow increasingly
vulnerable, but they also grow increasingly valuable.
Let us act to protect them now. Protect them for their beauty.
Protect them for their purity. Protect them for our children.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate on the bill has expired.

Amendment No. 1 Offered by Mr. Goodlatte

Mr. GOODLATTE. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 1 printed in House Report 110-403 offered by
Mr. Goodlatte:
Page 3, line 20, strike ``3,769 acres'' and insert ``3,743
acres''.
Page 3, line 22, strike ``February'' and insert
``October''.
Page 12, line 23, strike ``6,455 acres'' and insert ``5,192
acres''.
Page 12, line 25, strike ``February'' and insert
``October''.
Page 18, beginning line 6, strike subsection (d) and insert
the following new subsection:
(d) Trail Required.--The Secretary of Agriculture shall
develop a sustainable trail, using a contour curvilinear
alignment, to provide for non-motorized travel along the
southern boundary of the Raccoon Branch Wilderness
established by section 1(11) of Public Law 100-326, as added
by (2)(a) of this Act, connecting to Forest Development Road
49352 in Smyth County, Virginia.

The SPEAKER pro tempore. Pursuant to House Resolution 763, the
gentleman from Virginia (Mr. Goodlatte)

[[Page H11906]]

and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GOODLATTE. Mr. Speaker, I rise today to offer an amendment which
represents an agreement just referenced by my friend and colleague, Mr.
Boucher, and myself regarding some of the concerns with regard to H.R.
1011, the Virginia Ridge and Valley Act. And I'd like to thank
Congressman Boucher and congratulate him for his hard work on this
legislation over a number of years, and thank him for working with me
to address some of these important issues.
H.R. 1011, the Virginia Ridge and Valley Act, creates over 40,000
acres of wilderness, wilderness study, and potential wilderness and
over 11,000 acres of national scenic areas in the Jefferson National
Forest in southwest Virginia.
Mr. Boucher and I share the Jefferson National Forest between our
districts. Although this bill affects only national forest land within
Mr. Boucher's district, any change in how the forest is managed will
impact my district.
My amendment addresses three areas. First, it modifies the boundary
of the Brush Mountain East Wilderness Area, removing 26 acres
containing a power line which is not consistent with wilderness
qualities.
Second, the amendment changes the boundaries of the Seng Mountain
National Scenic Area, removing 1,263 acres from the area to allow
continued use of the Barton Gap Motorized Trail and to allow for
wildlife habitat management.
Finally, the amendment changes the trail language for the Raccoon
Branch Area, allowing the Forest Service more flexibility when building
the trail.
While I'm pleased to offer this amendment, it does not resolve all
the concerns I have with the bill. The fact still remains that this
bill ignores the recommendations of the professional land managers
working in the Jefferson National Forest by designating 15,000
additional wilderness acres not recommended in the forest plan.
When the House Agriculture Committee held a hearing on H.R. 1011
earlier this month, several witnesses highlighted serious concerns with
these additional wilderness areas. These experts noted forest health
and wildfire risks, increased recreation conflicts, lack of suitability
as wilderness and wildlife management needs.
Mr. Speaker, there is a reason why Congress mandated that each
national forest create a forest plan. Forest plans help the land
management agencies find a balance among all the conflicting interests
in national forests and factor in the latest science and cite specific
qualities unique to each forest. Professional land managers then use
this information to chart a path for managing each forest for the
coming years.
The Jefferson Forest Plan, finalized in 2004, was developed over a
12-year period and involved countless scientists, land managers,
interest groups and interested citizens. Throughout the process, the
Forest Service held over 100 technical meetings and received over
15,000 public comments.
This local approach is what Congress intended when it established the
national forests. Instead of resisting this localized process, H.R.
1011 tells the professional land managers and the public participants
that the forest plan is not important. It says that no matter how much
discussion and compromise goes on at the local level, or how good the
science is, Congress knows best how to manage the national forest.
Mr. Speaker, this is not the best way to manage the Nation's public
forests. And that's why I have worked with my colleague, Mr. Boucher,
to try to rectify these concerns. Until this bill is more reflective of
the local perspectives and expert opinions in the forest plan, I will
continue to have concerns with H.R. 1011.
I urge my colleagues to vote ``yes'' on this amendment, however,
because I do think that the gentleman has been very forthcoming in
working with us and hearing our concerns. And I hope that that will
continue as this process moves forward, and I would hope that the
chairman of the Resources Committee would work with us as well to
continue to address concerns that we have as the bill moves through the
other body.
Again, I thank the gentleman from Virginia for his hard work on this
legislation, for his willingness to work with me in addressing these
concerns. I wish more had been addressed, but I thank him for where he
has come.
I reserve the balance of my time.
Mr. BOUCHER. Mr. Speaker, I rise to claim the time in opposition to
the amendment.
The SPEAKER pro tempore. Is the gentleman opposed to the amendment?
Mr. BOUCHER. I would say to the Speaker that I rise for purposes of
claiming the time in opposition, although I will not actually oppose
the amendment.
The SPEAKER pro tempore. Without objection, the gentleman from
Virginia is recognized for 5 minutes.
There was no objection.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. Mr. Speaker, I want to thank the gentleman from Virginia
(Mr. Goodlatte) for the good work that we have been able to do together
on the amendment that he offers this afternoon. I want to thank him for
the time that he and I have expended in conversations about the subject
matter the amendment addresses, and for the considerable amount of time
that his very capable staff and mine have also expended on this matter.
The staffs have focused on it a bit more than we have.
Collectively, I think we've done a very good job in addressing a
range of the concerns that the gentleman from Virginia last expressed.
These adjustments are being made in a manner which I think improves the
bill, and it is my intention to urge that the amendment be adopted.
Under the amendment, 26 acres will be removed from the Brush Mountain
East Wilderness Area in order to ensure that an existing power line is
not within the wilderness boundary.
Another adjustment is of 1,263 acres, and that is in the Seng
Mountain Scenic Area, which will carve out a motorcycle trail and an
area appropriate for bear habitat management.
Another portion of the amendment provides greater flexibility for the
Forest Service regarding trail construction adjacent to the Raccoon
Branch designated area.
And as I indicated, these changes improve the legislation, and I urge
adoption of the amendment which makes them.
As for the underlying bill, I would point out that this is truly a
bipartisan measure. It is cosponsored in this body by a majority of
Virginia's House delegation, including three original Republican
sponsors, three original Democratic sponsors.
In the other body, both of Virginia's United States Senators, on a
bipartisan basis, have introduced the identical measure. And so the
construction of this legislation arises from a deep bipartisan
conversation that has proceeded over a number of years.
It also strongly reflects the desires of the people in the district
that I have the privilege of representing. It is true that some of the
areas added for protection in this measure go beyond what the forest
plan devised by the Jefferson National Forest management had
recommended.

{time} 1730

But nowhere is it written that Congress making ultimate public policy
is in some way disabled from adding areas for protection that go beyond
what the agency suggests it would like to see.
We have incorporated the recommendations made in the forest plan, and
we have added selected additional acreages that have been endorsed by
the local governments, by the elected boards of supervisors that
reflect the will of the people and the counties where these added areas
are situated.
I would also note that large numbers of civic organizations and
scores of locally owned businesses have endorsed the passage of this
measure. And it clearly, given that broad base of support, bipartisan
here, and among elected representatives, local businesses, civic
organizations, and others in the district that I represent, clearly
represents the will of what the people in that part of Virginia would
like to have.
So, Mr. Speaker, I hope that our colleagues will join us in approving
this legislation and in adopting the amendment offered by the gentleman
from Virginia.

[[Page H11907]]

Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield the balance of my time to the
gentleman from Alaska (Mr. Young).
The SPEAKER pro tempore (Mr. Doyle). The gentleman has 30 seconds.
Mr. YOUNG of Alaska. I thank the gentleman for yielding.
And I do thank both the gentlemen from Virginia. This is a good
amendment. I urge the passage of this amendment. It does help the bill
somewhat, and I think my colleagues would be wise to vote for it.
The SPEAKER pro tempore. Pursuant to House Resolution 763, the
previous question is ordered on the bill, as amended, and on the
further amendment by the gentleman from Virginia (Mr. Goodlatte).
The question is on the amendment offered by the gentleman from
Virginia (Mr. Goodlatte).
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit Offered by Mr. Lamborn

Mr. LAMBORN. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. LAMBORN. Yes, in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Lamborn moves to recommit the bill H.R. 1011 to the
Committee on Natural Resources with instructions to report
the same back to the House forthwith with the following
amendment:
At the end of section 2, add the following new subsection:
(e) Motorized Access in Emergencies.--The designation of
lands as wilderness or a wilderness study area by an
amendment made by this section does not prohibit the use of
motor vehicles, motorized equipment, or motorboats or the
landing of aircraft or other forms of mechanical transport,
on the designated lands when required in connection with an
emergency involving the health and safety of persons,
including search and rescue efforts or the response to an
Amber Alert.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado is recognized for 5 minutes in support of his motion.
Mr. LAMBORN. Mr. Speaker, the Wilderness Act is currently unclear as
to when motorized access may be used for health and safety reasons in a
wilderness area or in a wilderness study area.
This motion to recommit removes any ambiguity regarding the legality
of responding to health and safety emergencies within the wilderness
area designated by this bill.
Current law does not specifically authorize the use of motorized or
mechanical equipment within wilderness areas in response to health and
safety emergencies. The provision in the Wilderness Act dealing with
health and safety issues is in parentheses and does not clearly define
what types of motorized vehicles may be allowed for emergencies.
The fact is that health, safety, and fire concerns merit more than a
single phrase in parentheses, as is the case in the Wilderness Act of
1964. There are 3,600 words in the Wilderness Act. A mere 15 words are
devoted to health and safety.
The bill we are considering, H.R. 1011, designates 15,000 more
wilderness acres than what the Forest Service recommended in the
Jefferson National Forest. This is far more than what Forest Service
professionals think is warranted. So the bigger the area, the bigger
the potential fire, the harder it is to find a missing child, for
instance, when an Amber Alert is issued.
We cannot stand by and risk even a single human life, which is why we
must begin to update the law to state clearly that a wilderness
designation does not stop motorized access from being used for
emergencies. The current ambiguity in the language, which this motion
to recommit fixes, is just simply unacceptable, Mr. Speaker.
This amendment does not threaten the wilderness designation. It just
puts our priorities in the proper order. Human life must always be
first.
Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from West Virginia is
recognized for 5 minutes.
Mr. RAHALL. Mr. Speaker, the gentleman from Colorado's amendment
would appear to be a restatement of what current law already is. And
reading from that current law, it says, ``Except as specifically
provided for in this act, and subject to existing private rights, there
shall be no commercial enterprise and no permanent road within any
wilderness area designated by this act and, except as necessary to meet
minimum requirements for the administration of the area for the purpose
of this act (including measures required in emergencies involving the
health and safety of persons within the area), there shall be no
temporary road, no use of motor vehicles, motorized equipment,'' et
cetera, et cetera.
So there are exceptions in current law for health and safety of
persons. So I would say to the gentleman that the gentleman's
recommittal motion is redundant with current law.
Mr. LAMBORN. Mr. Speaker, will the gentleman yield?
Mr. RAHALL. I yield to the gentleman from Colorado.
Mr. LAMBORN. Mr. Speaker, I thank the gentleman for yielding.
Just briefly in response, I would like to say that the parenthetical
phrase ``including measures required in emergencies'' is, I believe,
unacceptably vague. It should not have to be the case where a Forest
supervisor has to go get attorneys and call the lawyers to say, In this
case, here's the situation: Is a boat okay or do we have to use
horseback or can we go on foot? It's just simply not clear enough.
Mr. RAHALL. Reclaiming my time, Mr. Speaker, I would respond to the
gentleman that if such were necessary, I would think that the Forest
Service would come to us making these recommendations. But we have not
received such recommendations from the Forest Service, and, therefore,
the language is not necessary.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. LAMBORN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 236,
nays 178, not voting 18, as follows:

[Roll No. 994]

YEAS--236

Aderholt
Akin
Alexander
Altmire
Bachmann
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Biggert
Bilirakis
Bishop (GA)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boustany
Boyda (KS)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Cardoza
Carney
Carter
Castle
Chabot
Chandler
Coble
Cole (OK)
Conaway
Costa
Cramer
Crenshaw
Cuellar
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Donnelly
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emerson
English (PA)
Eshoo
Everett
Fallin
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hodes
Hoekstra
Hulshof
Inglis (SC)
Jefferson
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kaptur
Keller
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter

[[Page H11908]]

McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moore (KS)
Moran (KS)
Murphy (CT)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pastor
Pearce
Pence
Perlmutter
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (OH)
Ryan (WI)
Salazar
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Tanner
Taylor
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NAYS--178

Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Blumenauer
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Castor
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Costello
Courtney
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Doyle
Ellison
Emanuel
Engel
Etheridge
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Jones (OH)
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Olver
Ortiz
Pallone
Pascrell
Payne
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Richardson
Rodriguez
Rothman
Roybal-Allard
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sherman
Sires
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wu
Wynn
Yarmuth

NOT VOTING--18

Bachus
Bilbray
Bishop (NY)
Bishop (UT)
Broun (GA)
Carson
Cooper
Cubin
Feeney
Hunter
Issa
Jindal
Johnson, E. B.
Obey
Paul
Reyes
Wilson (OH)
Woolsey

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain in this vote.

{time} 1807

Messrs. JACKSON of Illinois, COHEN, HARE, ELLISON, SIRES, STUPAK, WU,
HOYER, GORDON of Tennessee, COURTNEY, VAN HOLLEN, LINCOLN DAVIS of
Tennessee, RUSH, HALL of New York, OLVER, PASCRELL, LEVIN, CONYERS,
CARNAHAN, RANGEL, MILLER of North Carolina, and FARR, Mrs. MALONEY of
New York, Ms. BERKLEY, Ms. CLARKE and Ms. CASTOR changed their vote
from ``yea'' to ``nay.''
Messrs. BROWN of South Carolina, KAGEN, CHANDLER, PETERSON of
Pennsylvania, BOREN, KING of Iowa, KLEIN of Florida, EDWARDS, THOMPSON
of California, LAMPSON, MURPHY of Connecticut, DICKS, RYAN of Ohio,
SALAZAR, ROSS, WELCH of Vermont, CRAMER, BISHOP of Georgia, and Ms.
ESHOO changed their vote from ``nay'' to ``yea.''
So the motion to recommit was agreed to.
The result of the vote was announced as above recorded.

Personal Explanation

Mr. HALL of New York. Mr. Speaker, tonight, as part of consideration
of the Virginia Ridge and Valley Act of 2007, the minority offered a
motion to recommit forthwith with the proclaimed intent of clarifying
the circumstances under which motorized vehicles can enter wilderness
areas. However, I am concerned that the language of the motion may
actually work at cross purposes with that goal.
The MTR stated that: ``The designation of lands as wilderness or a
wilderness study area by an amendment made by this section does not
prohibit the use of motor vehicles, motorized equipment, or motorboats
or the landing of aircraft or other forms of mechanical transport, on
the designated lands when required in connection with an emergency
involving the health and safety of persons, including search and rescue
efforts or the response to an Amber Alert.''
I don't know anyone who believes that we shouldn't be able to use
motorized equipment in a wilderness to react to an emergency. It's
common sense, and that's why it's already included in the underlying
statute. In fact, the underlying law makes the allowance for motorized
equipment in a health or safety emergency without enumerating specific
types of equipment or circumstances, giving the widest possible scope
of interpretation. I am concerned that by listing specific pieces of
equipment and circumstances, the motion offered tonight could have
caused more confusion and possibly limited the ability to respond to
emergencies, despite any good intentions. For this reason, I voted
against it.
Mr. RAHALL. Mr. Speaker, pursuant to the instructions of the House in
the motion to recommit, I report H.R. 1011 back to the House with an
amendment.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:

Amendment:
At the end of section 2, add the following new subsection:
(e) Motorized Access in Emergencies.--The designation of
lands as wilderness or a wilderness study area by an
amendment made by this section does not prohibit the use of
motor vehicles, motorized equipment, or motorboats or the
landing of aircraft or other forms of mechanical transport,
on the designated lands when required in connection with an
emergency involving the health and safety of persons,
including search and rescue efforts or the response to an
Amber Alert.

The SPEAKER pro tempore. The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.

____________________