[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3911 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3911
To establish the Shenandoah Mountain National Scenic Area in the State
of Virginia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 23, 2022
Mr. Kaine (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish the Shenandoah Mountain National Scenic Area in the State
of 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 ``Shenandoah Mountain Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National scenic area.--
(A) In general.--The term ``National Scenic Area''
means the Shenandoah Mountain National Scenic Area
established by section 3(a).
(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
embedded in the National Scenic Area that is
administered as a component of the National
Wilderness Preservation System under the
amendments made by section 4.
(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 section 4).
SEC. 3. ESTABLISHMENT OF THE SHENANDOAH MOUNTAIN NATIONAL SCENIC AREA.
(a) Establishment.--Subject to valid existing rights, there is
established the Shenandoah Mountain National Scenic Area, consisting of
approximately 92,449 acres of National Forest System land in the George
Washington National Forest, as generally depicted on the map filed
under section 5(a)(1).
(b) Purposes.--The purposes of the National Scenic Area are--
(1) to ensure the protection and preservation of the scenic
quality, water quality, natural characteristics, and water
resources of the National Scenic Area;
(2) to protect wildlife, fish, and plant habitat in the
National Scenic Area;
(3) to protect outstanding natural biological values and
habitat for plant and animal species along the Shenandoah
Mountain crest above 3,000 feet elevation, including the Cow
Knob salamander;
(4) to protect forests in the National Scenic Area that may
develop characteristics of old-growth forests;
(5) to protect the Wilderness Areas; and
(6) to provide for a variety of, and improve existing,
recreation opportunities in the National Scenic Area in a
manner consistent with the purposes of the National Scenic Area
described in paragraphs (1) through (5).
(c) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall administer the National Scenic Area in
accordance with--
(A) this section; and
(B) the laws (including regulations) generally
applicable to the National Forest System.
(2) 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.
(3) Effect; conflicts.--
(A) Effect.--The establishment of the National
Scenic Area shall not affect the administration of the
Wilderness Areas.
(B) 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.
(4) No buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around the National
Scenic Area or a Wilderness Area.
(B) 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 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.
(d) Recreational Uses.--
(1) In general.--Except as otherwise provided in this
section 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.
(2) Effect.--Nothing in this section interferes with the
authority of the Secretary--
(A) to maintain or improve nonmotorized trails and
recreation sites within the National Scenic Area;
(B) to construct new nonmotorized trails and
recreation sites within the National Scenic Area;
(C) to adjust recreational uses within the National
Scenic Area for reasons of sound resource management or
public safety; and
(D) to approve and issue or deny special use
permits in connection with recreation within the
National Scenic Area.
(3) Requirement.--Recreation within the National Scenic
Area shall be conducted in a manner consistent with the
purposes of the National Scenic Area described in subsection
(b).
(e) Trail Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a trail plan
for National Forest System land in the National Scenic Area
that is not a Wilderness Area, in order to maintain, improve,
and develop nonmotorized recreation trails on the National
Forest System land in a manner consistent with the purposes of
the National Scenic Area described in subsection (b).
(2) Potential inclusion.--The Secretary may address in the
trail plan developed under paragraph (1) National Forest System
land that is near, but not within the boundary of, the National
Scenic Area.
(3) Consultation.--In developing the trail plan under
paragraph (1), the Secretary shall consult with interested
parties, including members of the public.
(4) Requirements.--The trail plan developed under paragraph
(1) shall--
(A) promote sustainable trail management that
protects natural resources and provides diverse, high-
quality, and safe recreation opportunities, which may
include loop trails for all nonmotorized uses;
(B) consider natural resource protection, trail
sustainability, and trail maintenance needs as primary
factors in determining the location or relocation of
trails; and
(C) develop a trail outside of the Little River
Wilderness Area in the area of the Tillman Road
corridor (along 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 section 5(a)(2).
(5) 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 developed under paragraph (1), including the
identification of the trail described in paragraph (4)(C) and
any other priority trails identified for development.
(f) Roads.--
(1) In general.--The establishment of the National Scenic
Area shall not--
(A) result in the closure of any National Forest
System roads, as generally depicted on the map filed
under section 5(a)(1); or
(B) modify public access within the National Scenic
Area.
(2) No new roads.--No new roads shall be constructed in the
National Scenic Area after the date of enactment of this Act.
(3) Effect.--Nothing in this section--
(A) 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;
(B) 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 Act; or
(C) 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 clause (i) if necessary for reasons of sound
resource management or public safety.
(4) Parking areas.--
(A) In general.--Subject to subparagraph (B), the
reconstruction, minor relocation, and construction of
parking areas in the National Scenic Area is authorized
in a manner consistent with the purposes of the
National Scenic Area described in subsection (b).
(B) Limitation.--Additional trailhead parking areas
authorized in the National Scenic Area under
subparagraph (A) may only be constructed along National
Forest System roads.
(g) Motorized Vehicles.--Motorized travel shall only be allowed on
roads within the portions of the National Scenic Area that are not
Wilderness Areas, in a manner consistent with subsection (f).
(h) Water.--The Secretary shall administer the National Scenic Area
in a manner that maintains and enhances water quality.
(i) Water Impoundments.--The establishment of the National Scenic
Area shall not prohibit--
(1) 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 section 5(a)(1); or
(2) the establishment of new dams, reservoirs, or related
infrastructure if necessary for municipal use.
(j) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the National
Scenic Area.
(2) Exceptions.--
(A) 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.
(B) 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.
(k) Insect and Disease Outbreaks.--
(1) In general.--Subject to paragraph (2), 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 subsection (b)--
(A) to maintain scenic quality;
(B) to reduce hazards to visitors; or
(C) to protect private land.
(2) Limitations.--For purposes of activities carried out
under paragraph (1)--
(A) 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
(B) nonnative insects and diseases may be
eradicated or suppressed only in order to prevent a
loss of a special biological community.
(l) Vegetation Management.--The Secretary may engage in vegetation
manipulation practices within the National Scenic Area in a manner
consistent with the purposes of the National Scenic Area described in
subsection (b)--
(1) to maintain wildlife clearings and scenic enhancements
in existence on the date of enactment of this Act; or
(2) to construct not more than 100 acres of additional
wildlife clearings by--
(A) expanding wildlife clearings in existence on
the date of enactment of this Act; or
(B) constructing new wildlife clearings of
approximately 2 to 5 acres.
(m) Wildfire Suppression.--
(1) In general.--Nothing in this section 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.
(2) Requirements.--Wildfire suppression activities within
the National Scenic Area shall be carried out--
(A) in a manner consistent with the purposes of the
National Scenic Area described in subsection (b); and
(B) using such means as the Secretary determines to
be appropriate.
(n) Prescribed Fire.--Nothing in this section prohibits the
Secretary from conducting prescribed burns within the National Scenic
Area in a manner consistent with the purposes of the National Scenic
Area described in subsection (b).
(o) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land within the National Scenic Area is withdrawn
from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws;
(C) operation of the mineral leasing and geothermal
leasing laws;
(D) wind energy development; and
(E) designation of new utility corridors, utility
rights-of-way, or communication sites.
(2) Effect.--The withdrawal under paragraph (1) shall not
deny access to private interests within the National Scenic
Area.
(p) Management Plan.--
(1) In general.--As soon as practicable after the date of
the completion of the trail plan under subsection (e), but 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 George Washington National
Forest a management plan for the National Scenic Area that is
consistent with this section.
(2) Effect.--Nothing in this subsection requires the
Secretary to revise the land and resource management plan for
the George Washington National Forest under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
SEC. 4. 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 land in the
George Washington National Forest comprising approximately
5,079 acres, as generally depicted on the applicable map filed
under section 5(a)(2) of the Shenandoah Mountain Act of 2022,
which shall be known as the `Skidmore Fork Wilderness'.
``(22) Ramseys draft wilderness addition.--Certain land in
the George Washington National Forest comprising approximately
6,963 acres, as generally depicted on the applicable map filed
under section 5(a)(2) of the Shenandoah Mountain Act of 2022,
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 land in the George
Washington National Forest comprising approximately 3,574
acres, as generally depicted on the applicable map filed under
section 5(a)(2) of the Shenandoah Mountain Act of 2022, which
shall be known as the `Lynn Hollow Wilderness'.
``(24) Little river wilderness.--Certain land in the George
Washington National Forest comprising approximately 12,461
acres, as generally depicted on the applicable map filed under
section 5(a)(2) of the Shenandoah Mountain Act of 2022, which
shall be known as the `Little River Wilderness'.
``(25) Beech lick knob wilderness.--Certain land in the
George Washington National Forest comprising approximately
5,764 acres, as generally depicted on the applicable map filed
under section 5(a)(2) of the Shenandoah Mountain Act of 2022,
which shall be known as the `Beech Lick Knob Wilderness'.''.
SEC. 5. MAPS AND BOUNDARY DESCRIPTIONS.
(a) 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--
(1) the National Scenic Area; and
(2) each of the Wilderness Areas.
(b) 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 clerical
and typographical errors in the maps and boundary descriptions.
(c) 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 subsection (a), the applicable map filed
under that subsection shall control.
(d) Availability.--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.
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