[Senate Report 110-391]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 823
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-391

======================================================================



 
  WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR WEST VIRGINIA'S SPECIAL 
                                 PLACES

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5151]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 5151) to designate as wilderness 
additional National Forest System lands in the Monongahela 
National Forest in the State of West Virginia, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the Act, as amended, do 
pass.
    The amendments are as follows:
    1. On page 6, strike lines 10 through 12 and insert the 
following: ``1131 et seq.).''
    2. On page 6, line 15, insert ``(a) In General.--'' before 
``The boundary''.
    3. On page 6, between lines 23 and 24, insert the 
following:
    (b) Land and Water Conservation Fund.--For the purposes of 
section 7 of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-9), the boundaries of the Monongahela National 
Forest, as confirmed by subsection (a), shall be considered to 
be the boundaries of the Monongahela National Forest as of 
January 1, 1965.

                                PURPOSE

    The purpose of H.R. 5151 is to designate as wilderness 
additional National Forest System land in the Monongahela 
National Forest in the State of West Virginia, to adjust 
certain boundaries, and to enhance non-motorized recreational 
trail opportunities.

                          BACKGROUND AND NEED

    The Monongahela National Forest is composed of over 919,000 
acres of Federal land in 10 counties located in the eastern 
portion of West Virginia. The forest hosts approximately three 
million visitors annually. Currently, the forest has five 
wilderness areas comprising 78,041 acres: Otter Creek, Dolly 
Sods, Laurel Fork North, and Laurel Fork, and the Cranberry 
Wilderness. These wilderness areas range in elevation from just 
under 2,000 feet to over 4,000 feet, and they include rare 
ecosystems and habitat for threatened and endangered species.
    The Monongahela National Forest revised its land and 
resource management plan in 2006 and, in the process, 
inventoried and evaluated 18 roadless areas for their 
wilderness potential. As a result, the National Forest 
recommended four areas representing nearly 27,700 acres for 
wilderness study and protection, including Cheat Mountain in 
Randolph County, an expansion of the Cranberry Wilderness in 
Webster and Pocahontas Counties, an expansion of the Otter 
Creek Wilderness in Tucker County, and Roaring Plains West in 
Pendleton and Randolph Counties. In addition, the Forest 
Service determined that three areas (Big Draft in Greenbrier 
County, an expansion of the Dolly Sods Wilderness in Tucker 
County, and Spice Run in Greenbrier and Pocahontas Counties) 
were eligible for wilderness designation, but it instead 
designated all three areas as ``semiprimitive nonmotorized 
areas'' in order to permit certain mechanized activities, while 
at the same time protecting their roadless characteristics.
    H.R. 5151 would permanently protect most of these areas as 
wilderness, including two of the three areas recommended for 
wilderness designation and the four areas that were found to 
have wilderness characteristics, but designated as 
``semiprimitive nonmotorized areas'' in the 2006 forest plan.

                          LEGISLATIVE HISTORY

    H.R. 5151 was introduced on January 29, 2008, by 
Representative Rahall. A hearing was held on the bill on 
February 26, 2008, and it was ordered reported with an 
amendment by the Natural Resources Committee on April 2, 2008. 
The House of Representatives passed H.R. 5151, as amended, on 
April 22, 2008, by a vote of 368-17.
    Senators Byrd and Rockefeller introduced a similar bill, S. 
2581, on January 30, 2008. The Subcommittee on Public Lands and 
Forests held a hearing on that bill on April 15, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered H.R. 5151 favorably 
reported, with an amendment.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 7, 2008, by voice vote of a quorum 
present, recommends that the Senate pass H.R. 5151, if amended 
as described herein.

                          COMMITTEE AMENDMENTS

    The Committee recommends three amendments. The first 
removes unnecessary language regarding the effective date of 
the Wilderness Act. The second adds a heading. The third adds 
language clarifying that the Land and Water Conservation Fund 
may be used to acquire outstanding interests in the land 
included in the confirmed boundaries of the Monongahela 
National Forest.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title.
    Section 2(a) designates approximately 37,771 acres of 
National Forest System land within the Monongahela National 
Forest, as follows:
    Paragraph (1) designates approximately 5,144 acres to be 
known as the ``Big Draft Wilderness'', as generally depicted on 
the referenced map;
    Paragraph (2) designates approximately 11,951 acres as an 
addition to the Cranberry Wilderness designated by section 1(1) 
of Public Law 97-466, as generally depicted on the referenced 
map;
    Paragraph (3) designates approximately 7,156 acres as an 
addition to the Dolly Sods Wilderness designated by section 
3(a)(13) of Public Law 93-622, as generally depicted on the 
referenced map;
    Paragraph (4) designates approximately 698 acres as an 
addition to the Otter Creek Wilderness designated by section 
3(a)(14) of Public Law 93-622, as generally depicted on the 
referenced map;
    Paragraph (5) designates approximately 6,792 acres to be 
known as the ``Roaring Plains West Wilderness'', as generally 
depicted on the referenced map; and
    Paragraph (6) designates approximately 6,030 acres to be 
known as the ``Spice Run Wilderness'', as generally depicted on 
the referenced map.
    Subsection (b)(1) directs the Chief of the Forest Service 
to file a map and legal description of each wilderness area 
designated or expanded by subsection (a) with the relevant 
congressional committees and to keep them on file and available 
to the public.
    Paragraph (2) states that the maps and legal descriptions 
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 legal descriptions.
    Subsection (c) states that the designated wilderness areas 
shall be administered in accordance with the Wilderness Act, 
subject to valid existing rights. Subsection (c) also clarifies 
that the Secretary may continue to authorize a running race in 
the vicinity of the referenced wilderness areas.
    Subsection (d) provides that, with respect to the land 
designated as wilderness by subsection (a), any reference in 
the Wilderness Act to the effective date of the Wilderness Act 
shall be deemed to be the date of enactment of this Act.
    Subsection (e) states that nothing in this Act affects the 
jurisdiction or responsibility of the State of West Virginia 
with respect to wildlife and fish, as provided by section 
4(d)(7) of the Wilderness Act.
    Section 3 adjusts the boundary of the Laurel Fork South 
Wilderness to exclude two parcels of land which contain 
existing easements for access to private property.
    Section 4(a) confirms that the boundaries of the 
Monongahela National Forest include certain tracts of land that 
have been acquired by the Forest Service, as generally depicted 
on the referenced map.
    Subsection (b) clarifies that the Land and Water 
Conservation Fund may be used to acquire outstanding interests 
in the land included in the confirmed boundaries of the 
Monongahela National Forest.
    Section 5 requires the Secretary of Agriculture to develop 
a plan to provide for enhanced hiking, bicycling, and 
equestrian trail opportunities on non-wilderness lands in the 
Monongahela National Forest. The Secretary of Agriculture is 
directed to submit a report to Congress on the implementation 
of the plan not later than two years after the date of the 
enactment of this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 5151--Wild Monongahela Act: A National Legacy for West Virginia's 
        Special Places

    H.R. 5151 would designate approximately 38,000 acres of the 
Monongahela National Forest in West Virginia as wilderness. The 
act also would adjust the boundary of the forest and require 
the Secretary of Agriculture to develop a plan to enhance 
trails within the forest.
    Assuming the availability of appropriated funds, CBO 
estimates that implementing the legislation would cost $1.4 
million over the 2009-2013 period. The funds would be used to 
survey and mark the wilderness area as well as to develop the 
trail plan. Enacting this legislation would have no net impact 
on direct spending and would not affect revenues.
    H.R. 5151 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On April 15, 2008, CBO transmitted a cost estimate for H.R. 
5151 as ordered reported by the House Committee on Natural 
Resources on April 2, 2008. The two versions of the legislation 
are similar, and the estimated costs of enacting the 
legislation are identical.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 5151.
    The Act is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy. Little, if any, additional paperwork would result from 
the enactment of H.R. 5151.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 5151 does not contain any congressionally directed 
spending items, limited tax benefits, or limited tariff 
benefits as defined in rule XLIV of the Standing Rules of the 
Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2581 (which is 
identical to H.R. 5151, as introduced) on April 15, 2008.

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

    S. 2581 would designate about 47,128 acres of the 
Monongahela National Forest as wilderness, adding to three 
existing wilderness areas and designating four new ones. The 
Department supports designation of Cheat Mountain, Cranberry 
Expansion, Dry Fork Expansion, and Roaring Plains West as 
wilderness. For all four areas, wilderness designation would be 
consistent with recommendations by the Monongahela National 
Forest in its 2006 forest plan revision.
    We do not object to wilderness designation for the other 
three areas proposed by the bill. In the environmental impact 
statement that accompanied the 2006 forest plan revision, the 
Monongahela National Forest determined that Big Draft, the 
Dolly Sods Expansion, and Spice Run are all available for 
wilderness designation. The Monongahela National Forest 
designated all three areas as ``semiprimitive nonmotorized'' in 
order to help maintain their roadless attributes over time 
while still permitting other established uses.
    The Monongahela National Forest has five existing 
wilderness areas, all of which offer outstanding wilderness 
experiences. I have personally visited some of the seven areas 
proposed in this bill, and I believe that all seven areas have 
outstanding wilderness attributes. All are rugged forested land 
minimally affected by outside forces, with natural processes 
operating and vestiges of human impacts (such as old roads and 
clearcuts) rapidly healing over. Ranging in elevation from just 
under 2,000 feet to over 4,000 feet, these landscapes harbor 
rare ecosystems (such as high-elevation red spruce) and habitat 
for federally listed species.
    That is why the Monongahela National Forest recommended 
four of the seven areas for wilderness study in its revised 
forest plan in 2006: Cheat Mountain, Cranberry Expansion, Dry 
Fork Expansion, and Roaring Plains West. These units represent 
nearly 27,700 acres recommended for wilderness study. The 
Department supports their inclusion in this bill.
    In its forest plan revision, after consulting with the 
public, the Monongahela National Forest decided not to include 
Big Draft, the Dolly Sods Expansion, and Spice Run among the 
areas recommended for wilderness. Instead, we designated all 
three as semiprimitive nonmotorized areas, one of the most 
restrictive allocations that the Forest Service can give. This 
management prescription protects their naturalness while 
permitting such popular and relatively low-impact uses as 
mountain biking. It also allows the manipulation of vegetation 
to create wildlife openings.
    However, we recognize the wilderness eligibility of all 
three areas, and their designation as wilderness would be 
consistent with values that the Monongahela National Forest's 
revised forest plan is designed to protect. In other locations, 
the Monongahela National Forest maintains opportunities for 
mountain biking and for manipulating vegetation to improve 
wildlife habitat. Therefore, the Department would not object to 
including Big Draft, the Dolly Sods Expansion, and Spice Run in 
this bill if boundary adjustments and other issues are 
addressed.
    If all seven areas are designated as wilderness, we would 
suggest adjusting some of the proposed boundaries to avoid 
conflicts and make the wilderness areas more manageable. Some 
proposed boundaries appear to be based on the boundaries of the 
roadless areas analyzed during the 2006 forest plan revision. 
Those roadless area boundaries were not intended to define 
wilderness boundaries. Adjustments should be made to account 
for mapping errors; to provide access to state and private 
land; to exclude developed sites and managed wildlife openings; 
to add offsets for powerlines and other features inconsistent 
with wilderness; and to align the boundaries with existing 
wilderness boundaries.
    The largest boundary question regards the southwestern 
corner of the proposed Spice Run unit, an area of 974 acres. 
This area lies outside the area that the Monongahela National 
Forest evaluated for wilderness in its 2006 forest plan because 
it did not meet the criteria for roadless areas. Should it 
become designated wilderness, motorized access to three 
adjacent parcels of private land could become an issue.
    We would like to work with the bill's sponsors and the 
subcommittee to adjust the boundaries to accommodate these and 
other concerns. The Forest Service has prepared a set of 
proposed boundary adjustments, taking care to ensure that our 
proposed adjustments would not detract from the overall 
wilderness legislation. We would welcome the opportunity to 
provide this information to the subcommittee.
    Removing most of the structures incompatible with 
wilderness would not be necessary if our proposed boundary 
adjustments were made. Even with the adjustments, however, a 
hiking shelter and about 9 miles of road would remain within 
the wilderness boundaries. The shelter would likely be allowed 
to deteriorate and then be removed. Unless converted to trails, 
the roads (currently closed to vehicular traffic) would require 
decommissioning to protect water quality and other natural 
resource values. The Monongahela National Forest would conduct 
an analysis to determine the appropriate management actions and 
then make the investments needed, subject to available 
appropriations, to remove culverts, construct trail, or contour 
the land to reduce erosion.
    We strongly support the spirit of this legislation, and we 
confirm that all seven areas proposed for wilderness 
designation meet the criteria for wilderness. Working with the 
subcommittee, we are confident that we can remedy boundary 
deficiencies and establish final wilderness boundaries that are 
sound and manageable.
    The House Committee on Natural Resources approved an 
Amendment in the Nature of a Substitute to H.R. 5151. This 
amendment includes updated acreage figures resulting from 
boundary adjustments to the Big Draft Wilderness, the Cranberry 
Expansion, the Dolly Sods Expansion, the Otter Creek Expansion 
Proposed Wilderness, the Roaring Plains West Wilderness, and 
the Spice Run Wilderness. These adjustments address concerns 
raised by the Department in our previous testimony, and we 
support them.
    H.R. 5151, as amended, allows for the continuation of a 
competitive running event in the vicinity of the Dolly Sods 
Wilderness and the Roaring Plains West Wilderness. Forest 
Service policy does not permit competitive events in 
wilderness. Our intent would be to work with the sponsors to 
find a suitable alternative for the competitive event.
    Section 3 was added to H.R. 5151 to adjust the boundary to 
the Laurel Fork South Wilderness by 123 acres. Section 4 was 
added to confirm that the Monongahela National Forest boundary 
includes recently acquired tracts of land. The Department 
supports these changes to the bill. Section 4 should be amended 
to include reference to the Land and Water Conservation Fund 
Act (LWCFA) because expenditures of LWCFA funds are restricted 
to forest boundaries as they existed on the original date of 
the Act.

           *       *       *       *       *       *       *


                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 5151 as 
ordered reported.

                                  
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