S.Amdt. 3241Senate118th Congress (2023-2025)

S.Amdt. 3241

Sponsored by Tim KaineSen. Tim Kaine (D-VA)
Submitted September 10, 2024

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Senate amendment submitted

September 10, 2024

Text

Submitted

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.
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