[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5151 Reported in Senate (RS)]
Calendar No. 823
110th CONGRESS
2d Session
H. R. 5151
[Report No. 110-391]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 23, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 16, 2008
Reported by Mr. Bingaman, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To designate as wilderness additional National Forest System lands in
the Monongahela National Forest in the State of West Virginia, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Monongahela Act: A National
Legacy for West Virginia's Special Places''.
SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST
VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the
Monongahela National Forest in the State of West Virginia are
designated as wilderness and as either a new component of the National
Wilderness Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Cranberry
Wilderness designated by section 1(1) of Public Law 97-466 (96
Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Dolly Sods
Wilderness designated by section 3(a)(13) of Public Law 93-622
(88 Stat. 2098).
(4) Certain Federal land comprising approximately 698
acres, as generally depicted on the map entitled ``Otter Creek
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Otter Creek
Wilderness designated by section 3(a)(14) of Public Law 93-622
(88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by subsection (a). The
maps and legal descriptions shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Monongahela
National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this Act, except that the Secretary
may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the Federal
lands designated as wilderness by subsection (a) shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.). The Secretary may continue to authorize the competitive
running event permitted from 2003 through 2007 in the vicinity of the
boundaries of the Dolly Sods Wilderness addition designated by
paragraph (3) of subsection (a) and the Roaring Plains West Wilderness
Area designated by paragraph (5) of such subsection, in a manner
compatible with the preservation of such areas as wilderness.
(d) Effective Date of Wilderness Act.--With respect to the Federal
lands designated as wilderness by subsection (a), any reference in the
Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
the jurisdiction or responsibility of the State of West Virginia with
respect to wildlife and fish.
SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA
NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork South
Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat.
2538) is modified to exclude two parcels of land, as generally depicted
on the map entitled ``Monongahela National Forest Laurel Fork South
Wilderness Boundary Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps and legal
descriptions on file in the office of the Forest Supervisor,
Monongahela National Forest. The general map shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(b) Management.--Federally owned land delineated on the maps
referred to in subsection (a) as the Laurel Fork South Wilderness, as
modified by such subsection, shall continue to be administered by the
Secretary of Agriculture in accordance with Wilderness Act (16 U.S.C.
<DELETED>1131 et seq.). Any reference in the Wilderness Act to the
effective date of that Act shall be deemed to be a reference to the
effective date of Public Law 97-466 and this Act.</DELETED> 1131 et
seq.).
SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General.--The boundary of the Monongahela National Forest is
confirmed to include the tracts of land as generally depicted on the
map entitled ``Monongahela National Forest Boundary Confirmation'' and
dated March 13, 2008, and all Federal lands under the jurisdiction of
the Secretary of Agriculture, acting through the Chief of the Forest
Service, encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest System.
(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.
SEC. 5. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail
opportunities on lands not designated as wilderness within the
Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the
purposes of this subsection, the term ``nonmotorized recreation
trail'' means a trail designed for hiking, bicycling, and
equestrian use.
(b) 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 plan required under
subsection (a), including the identification of priority trails for
development.
(c) Consideration of Conversion of Forest Roads to Recreational
Uses.--In considering possible closure and decommissioning of a Forest
Service road within the Monongahela National Forest after the date of
the enactment of this Act, the Secretary of Agriculture, in accordance
with applicable law, may consider converting the road to nonmotorized
uses to enhance recreational opportunities within the Monongahela
National Forest.
Calendar No. 823
110th CONGRESS
2d Session
H. R. 5151
[Report No. 110-391]
_______________________________________________________________________
AN ACT
To designate as wilderness additional National Forest System lands in
the Monongahela National Forest in the State of West Virginia, and for
other purposes.
_______________________________________________________________________
June 16, 2008
Reported with amendments