[Congressional Record Volume 170, Number 140 (Tuesday, September 10, 2024)]
[Senate]
[Pages S5942-S5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3241. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. SHENANDOAH MOUNTAIN NATIONAL SCENIC AREA; 
                   DESIGNATION OF WILDERNESS AREAS.

       (a) Definitions.--In this section:
       (1) National scenic area.--
       (A) In general.--The term ``National Scenic Area'' means 
     the Shenandoah Mountain National Scenic Area established by 
     subsection (b)(1).
       (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 subsection (c).
       (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 
     subsection (c)).
       (b) Establishment of the Shenandoah Mountain National 
     Scenic Area.--
       (1) 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 
     (d)(1)(A).
       (2) Purposes.--The purposes of the National Scenic Area 
     are--
       (A) to ensure the protection and preservation of the scenic 
     quality, water quality, natural characteristics, and water 
     resources of the National Scenic Area;
       (B) to protect wildlife, fish, and plant habitat in the 
     National Scenic Area;
       (C) 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;
       (D) to protect forests in the National Scenic Area that may 
     develop characteristics of old-growth forests;
       (E) to protect the Wilderness Areas; and
       (F) 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 subparagraphs (A) through (E).
       (3) Administration.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall administer the National Scenic Area in 
     accordance with--
       (i) this subsection; and
       (ii) the laws (including regulations) generally applicable 
     to the National Forest System.
       (B) 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.
       (C) Effect; conflicts.--
       (i) Effect.--The establishment of the National Scenic Area 
     shall not affect the administration of the Wilderness Areas.
       (ii) 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.
       (D) No buffer zones.--
       (i) In general.--Nothing in this subsection creates a 
     protective perimeter or buffer zone around the National 
     Scenic Area or a Wilderness Area.
       (ii) 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.
       (4) Recreational uses.--
       (A) In general.--Except as otherwise provided in this 
     subsection 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.
       (B) Effect.--Nothing in this subsection interferes with the 
     authority of the Secretary--
       (i) to maintain or improve nonmotorized trails and 
     recreation sites within the National Scenic Area;
       (ii) to construct new nonmotorized trails and recreation 
     sites within the National Scenic Area;
       (iii) to adjust recreational uses within the National 
     Scenic Area for reasons of sound resource management or 
     public safety; and
       (iv) to evaluate applications for, and issue or deny, 
     special use authorizations in connection with recreation 
     within the National Scenic Area.
       (C) Requirement.--Recreation within the National Scenic 
     Area shall be conducted in a manner consistent with the 
     purposes of the National Scenic Area described in paragraph 
     (2).
       (5) National forest system trail plan.--
       (A) 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

[[Page S5943]]

     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 paragraph (2).
       (B) Potential inclusion.--The Secretary may address in the 
     National Forest System trail plan developed under 
     subparagraph (A) National Forest System land that is near, 
     but not within the boundary of, the National Scenic Area.
       (C) Public input.--In developing the National Forest System 
     trail plan under subparagraph (A), the Secretary shall seek 
     input from interested parties, including members of the 
     public.
       (D) Requirements.--The National Forest System trail plan 
     developed under subparagraph (A) shall--
       (i) promote sustainable trail management that protects 
     natural resources and provides diverse, high-quality 
     recreation opportunities, which may include loop trails for 
     nonmotorized uses;
       (ii) 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
       (iii) 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 subsection (d)(1)(B), pending completion of the 
     required environmental analysis.
       (E) 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 
     subparagraph (A), including the identification of the 
     National Forest System trail described in subparagraph 
     (D)(iii) and any other priority National Forest System trails 
     identified for development.
       (6) Roads.--
       (A) In general.--The establishment of the National Scenic 
     Area shall not--
       (i) result in the closure of any National Forest System 
     roads, as generally depicted on the map filed under 
     subsection (d)(1)(A); or
       (ii) modify public access within the National Scenic Area.
       (B) No new roads.--No new roads shall be constructed in the 
     National Scenic Area after the date of enactment of this Act.
       (C) Effect.--Nothing in this subsection--
       (i) 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;
       (ii) 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 
     section; or
       (iii) 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 subclause (I) 
     if necessary for reasons of sound resource management or 
     public safety.

       (D) Parking areas.--
       (i) In general.--Subject to clause (ii), 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 paragraph (2).
       (ii) Limitation.--Additional trailhead parking areas 
     authorized in the National Scenic Area under clause (i) may 
     be constructed only along National Forest System roads.
       (7) 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 
     paragraph (6).
       (8) Water.--The Secretary shall administer the National 
     Scenic Area in a manner that maintains and enhances water 
     quality.
       (9) Water impoundments.--The establishment of the National 
     Scenic Area shall not prohibit--
       (A) 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 subsection (d)(1)(A); or
       (B) the establishment of new dams, reservoirs, or related 
     infrastructure if necessary for municipal use.
       (10) Timber harvest.--
       (A) In general.--Except as provided in subparagraph (B), no 
     harvesting of timber shall be allowed within the National 
     Scenic Area.
       (B) Exceptions.--
       (i) 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.

       (ii) 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.
       (11) Insect and disease outbreaks.--
       (A) In general.--Subject to subparagraph (B), 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 paragraph (2)--
       (i) to maintain scenic quality;
       (ii) to reduce hazards to visitors; or
       (iii) to protect National Forest System land or private 
     land.
       (B) Limitations.--For purposes of activities carried out 
     under subparagraph (A)--
       (i) 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

       (ii) nonnative insects and diseases may be eradicated or 
     suppressed only in order to prevent a loss of a special 
     biological community.
       (12) 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 paragraph (2)--
       (A) to maintain wildlife clearings and scenic enhancements 
     in existence on the date of enactment of this Act; or
       (B) to construct not more than 100 acres of additional 
     wildlife clearings by--
       (i) expanding wildlife clearings in existence on the date 
     of enactment of this Act; or
       (ii) constructing new wildlife clearings of approximately 2 
     to 5 acres.
       (13) Wildfire suppression.--
       (A) In general.--Nothing in this subsection 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.
       (B) Requirements.--Wildfire suppression activities within 
     the National Scenic Area shall be carried out--
       (i) in a manner consistent with the purposes of the 
     National Scenic Area described in paragraph (2); and
       (ii) using such means as the Secretary determines to be 
     appropriate.
       (14) Prescribed fire.--Nothing in this subsection 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 paragraph (2).
       (15) Withdrawal.--
       (A) In general.--Subject to valid existing rights, all 
     Federal land within the National Scenic Area is withdrawn 
     from--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws;
       (iii) operation of the mineral leasing and geothermal 
     leasing laws;
       (iv) wind, solar, or other renewable energy development; 
     and
       (v) designation of new utility corridors, utility rights-
     of-way, or communications sites.
       (B) Effect.--Consistent with paragraph (6)(C)(i), the 
     withdrawal under subparagraph (A) shall not deny access to 
     private land or an interest in private land within the 
     National Scenic Area.
       (16) Management plan.--
       (A) In general.--As soon as practicable after the date of 
     the completion of the National Forest System trail plan under 
     paragraph (5), 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 
     subsection.
       (B) Effect.--Nothing in this paragraph 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).
       (c) 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 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, 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 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, 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 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year

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     2025, 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 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, 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 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, which shall be known as the `Beech Lick 
     Knob Wilderness'.''.
       (d) Maps and Boundary Descriptions.--
       (1) 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--
       (A) the National Scenic Area; and
       (B) each of the Wilderness Areas.
       (2) Force and effect.--The maps and boundary descriptions 
     filed under paragraph (1) shall have the same force and 
     effect as if included in this section, except that the 
     Secretary may correct clerical and typographical errors in 
     the maps and boundary descriptions.
       (3) 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 paragraph (1), the 
     applicable map filed under that paragraph shall control.
       (4) Availability.--The maps and boundary descriptions filed 
     under paragraph (1) shall be on file and available for public 
     inspection in the office of the Chief of the Forest Service.
                                 ______