II
Calendar No. 781
110th CONGRESS
2d Session
S. 570
[Report No. 110–349]
IN THE SENATE OF THE UNITED STATES
February 13, 2007
Mr. Warner (for himself and Mr. Webb) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
June 16, 2008
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
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.
Short title and table of contents
Short title
This Act may be cited as the
Virginia Ridge and Valley Act of
2007
.
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.
Designation of additional National Forest System lands in Jefferson National Forest, Virginia, as wilderness or a wilderness study area
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—
in the matter preceding paragraph (1), by
striking System—
and inserting System:
;
by striking certain
at the
beginning of paragraphs (1) through (8) and inserting
Certain
;
by striking the semicolon at the end of paragraphs (1) through (6) and inserting a period;
by striking ; and
at the end
of paragraph (7) and inserting a period; and
by adding at the end the following new paragraphs:
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.
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.
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.
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.
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.
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.
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).
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).
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).
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).
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).
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).
.
Designation of wilderness study area
Section 6(a) of the Virginia Wilderness Act of 1984 (Public Law 98–586; 98 Stat. 3108) is amended—
by striking certain
at the
beginning of paragraphs (1) through (4) and inserting
Certain
;
by striking the semicolon at the end of paragraphs (1) and (2) and inserting a period;
by striking ; and
at the end
of paragraph (3) and inserting a period; and
by adding at the end the following new paragraph:
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.
.
Maps and legal descriptions
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 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).
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.
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.
Administration
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.
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.
Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia
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).
Map and legal descriptions
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.
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.
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.
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.
Ecological Restoration
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.
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.
Wilderness Designation
The potential wilderness area shall be designated as wilderness and incorporated in the Kimberling Creek Wilderness on the earlier of—
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
the date that is five years after the date of the enactment of this Act.
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).
Designation of Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia
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
):
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.
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.
Maps and legal descriptions
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.
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.
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.
Purposes of scenic areas
The scenic areas are established for the purposes of—
ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources;
protecting wildlife and fish habitat, consistent with paragraph (1);
protecting areas that may develop characteristics of old-growth forests; and
providing a variety of recreation opportunities, consistent with the preceding paragraphs.
Administration
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.
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.
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).
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.
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.
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—
as necessary for administrative use in furtherance of the purposes of this section;
in support of wildlife management projects in existence as of the date of the enactment of this Act; and
on Forest Development Road 9410 and 84b during deer and bear hunting seasons.
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.
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.
Water
The Secretary of Agriculture shall administer the scenic areas so as to maintain and enhance water quality.
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.
Trail plan and development
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:
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.).
Nonmotorized recreation trails within the Seng Mountain and Bear Creek Scenic Areas designated by section 4.
Consultation
The Secretary of Agriculture shall establish the trail plan in consultation with interested parties.
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.
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.
Short title
This Act may be cited as the
Virginia Ridge and Valley Act of
2008
.
Definitions
In this Act:
Scenic areas
The term scenic areas
means the Seng
Mountain National Scenic Area and the Bear Creek National Scenic Area.
Secretary
The
term Secretary
means the Secretary of Agriculture.
Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area
Designation of wilderness
Section 1 of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended—
in the matter preceding paragraph (1), by
striking System—
and inserting System:
;
by striking certain
each
place it appears and inserting Certain
;
in each of paragraphs (1) through (6), by striking the semicolon at the end and inserting a period;
in paragraph (7), by striking ;
and
and inserting a period; and
by adding at the end the following:
Certain land in the Jefferson National
Forest comprising approximately 3,743 acres, as generally depicted on the map
entitled Brush Mountain and Brush Mountain East
and dated May 5,
2008, which shall be known as the Brush Mountain East
Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 4,794 acres, as generally depicted on the map
entitled Brush Mountain and Brush Mountain East
and dated May 5,
2008, which shall be known as the Brush Mountain
Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 4,223 acres, as generally depicted on the map
entitled Seng Mountain and Raccoon Branch
and dated April 28,
2008, which shall be known as the Raccoon Branch
Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 3,270 acres, as generally depicted on the map
entitled Stone Mountain
and dated April 28, 2008, which shall be
known as the Stone Mountain Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 8,470 acres, as generally depicted on the map
entitled Garden Mountain and Hunting Camp Creek
and dated April
28, 2008, which shall be known as the Hunting Camp Creek
Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 3,291 acres, as generally depicted on the map
entitled Garden Mountain and Hunting Camp Creek
and dated April
28, 2008, which shall be known as the Garden Mountain
Wilderness
.
Certain land in the Jefferson National
Forest comprising approximately 5,476 acres, as generally depicted on the map
entitled Mountain Lake Additions
and dated April 28, 2008, which
is incorporated in the Mountain Lake Wilderness designated by section 2(6) of
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98–586).
Certain land in the Jefferson National
Forest comprising approximately 308 acres, as generally depicted on the map
entitled Lewis Fork Addition and Little Wilson Creek Additions
and dated April 28, 2008, which is incorporated in the Lewis Fork Wilderness
designated by section 2(3) of the Virginia Wilderness Act of 1984 (16 U.S.C.
1132 note; Public Law 98–586).
Certain land in the Jefferson National
Forest comprising approximately 1,845 acres, as generally depicted on the map
entitled Lewis Fork Addition and Little Wilson Creek Additions
and dated April 28, 2008, which is incorporated in the Little Wilson Creek
Wilderness designated by section 2(5) of the Virginia Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98–586).
Certain land in the Jefferson National
Forest comprising approximately 2,219 acres, as generally depicted on the map
entitled Shawvers Run Additions
and dated April 28, 2008, which
is incorporated in the Shawvers Run Wilderness designated by paragraph
(4).
Certain land in the Jefferson National
Forest comprising approximately 1,203 acres, as generally depicted on the map
entitled Peters Mountain Addition
and dated April 28, 2008,
which is incorporated in the Peters Mountain Wilderness designated by section
2(7) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98–586).
Certain land in the Jefferson National
Forest comprising approximately 263 acres, as generally depicted on the map
entitled Kimberling Creek Additions and Potential Wilderness
Area
and dated April 28, 2008, which is incorporated in the Kimberling
Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law
98–586).
.
Designation of wilderness study area
Section 6(a) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) is amended—
by striking certain
each
place it appears and inserting Certain
;
in each of paragraphs (1) and (2), by striking the semicolon at the end and inserting a period;
in paragraph (3), by striking ;
and
and inserting a period; and
by adding at the end the following:
Certain land in the Jefferson National
Forest comprising approximately 3,226 acres, as generally depicted on the map
entitled Lynn Camp Creek Wilderness Study Area
and dated April
28, 2008, which shall be known as the Lynn Camp Creek Wilderness Study
Area
.
.
Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia
Designation
In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National
Forest comprising approximately 349 acres, as generally depicted on the map
entitled Kimberling Creek Additions and Potential Wilderness
Area
and dated April 28, 2008, is designated as a potential wilderness
area for incorporation in the Kimberling Creek Wilderness designated by section
2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98–586).
Management
Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
Ecological Restoration
In general
For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, and any other activity necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.
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.
Wilderness Designation
The potential wilderness area shall be designated as wilderness and incorporated in the Kimberling Creek Wilderness on the earlier of—
the date on which the Secretary 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
the date that is 5 years after the date of enactment of this Act.
Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia
Establishment
There are designated as National Scenic Areas—
certain National Forest
System land in the Jefferson National Forest, comprising approximately 5,192
acres, as generally depicted on the map entitled Seng Mountain and
Raccoon Branch
and dated April 28, 2008, which shall be known as the
Seng Mountain National Scenic Area
; and
certain National Forest
System land in the Jefferson National Forest, comprising approximately 5,128
acres, as generally depicted on the map entitled Bear Creek
and
dated April 28, 2008, which shall be known as the Bear Creek National
Scenic Area
.
Purposes
The purposes of the scenic areas are—
to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;
consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;
to protect areas in the scenic areas that may develop characteristics of old-growth forests; and
consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.
Administration
In general
The Secretary shall administer the scenic areas in accordance with—
this Act; and
the laws (including regulations) generally applicable to the National Forest System.
Authorized uses
The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).
Management plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.
Effect
Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
Roads
In general
Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas.
Limitation
Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.
Timber harvest
In general
Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.
Exceptions
The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to—
control fire;
provide for public safety or trail access; or
control insect and disease outbreaks.
Firewood for personal use
Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.
Insect and disease outbreaks
The Secretary may control insect and disease outbreaks—
to maintain scenic quality;
to prevent tree mortality;
to reduce hazards to visitors; or
to protect private land.
Vegetation management
The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on the date of enactment of this Act.
Motorized vehicles
In general
Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.
Exceptions
The Secretary may authorize the use of motorized vehicles—
to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);
to assist wildlife management projects in existence on the date of enactment of this Act; and
during deer and bear hunting seasons—
on Forest Development Roads 49410 and 84b; and
on the portion of Forest
Development Road 6261 designated on the map described in subsection (a)(2) as
open seasonally
.
Wildfire suppression
Wildfire suppression within the scenic areas shall be conducted—
in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and
using such means as the Secretary determines to be appropriate.
Water
The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.
Withdrawal
Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from—
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Trail plan and development
Trail plan
The Secretary, in consultation with interested parties, shall establish a trail plan to develop—
in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 3(a)(5)); and
nonmotorized recreation trails in the scenic areas.
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 trail plan, including the identification of priority trails for development.
Sustainable trail required
The Secretary shall develop a sustainable trail, using a contour curvilinear alignment, to provide for nonmotorized travel along the southern boundary of the Raccoon Branch Wilderness established by section 1(11) of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 3(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia.
Maps and boundary descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of—
the scenic areas;
the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 3(a)(5));
the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as added by section 3(b)(4)); and
the potential wilderness area designated by section 4(a).
Force and effect
The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and boundary descriptions.
Availability of map and boundary description
The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.
Conflict
In the case of a conflict between a map filed under subsection (a) and the acreage of the applicable areas specified in this Act, the map shall control.
Effective date
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) 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 designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 3(a)(5)); and
the potential wilderness area designated by section 4(a).
June 16, 2008
Reported with an amendment