H.R. 1109 – Reading Mode

111th CONGRESS

1st Session

H. R. 1109

IN THE HOUSE OF REPRESENTATIVES

February 23, 2009

Mr. Rahall (for himself, Mr. Mollohan, and Mrs. Capito) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To designate as wilderness additional National Forest System lands in the Monongahela National Forest in the State of West Virginia, and for other purposes.

Short title

This Act may be cited as the Wild Monongahela Act: A National Legacy for West Virginia’s Special Places.

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 2008 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.

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 the Wilderness Act (16 U.S.C. 1131 et seq.).

Monongahela National Forest boundary confirmation

(a)

Boundary adjustment

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.

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.