[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1681 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1681
To establish the Shenandoah Mountain National Scenic Area in the State
of Virginia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2025
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''.
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 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 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 92,562 acres of National Forest System land in the George
Washington and Jefferson National Forests, 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 above sea level 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 settings and 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 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.
(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 evaluate applications for, and issue or
deny, special use authorizations 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) National Forest System Trail Plan.--
(1) 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 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
subsection (b).
(2) Potential inclusion.--The Secretary may address in the
National Forest System trail plan developed under paragraph (1)
National Forest System land that is near, but not within the
boundary of, the National Scenic Area.
(3) Public input.--In developing the National Forest System
trail plan under paragraph (1), the Secretary shall seek input
from interested parties, including members of the public.
(4) Requirements.--The National Forest System trail plan
developed under paragraph (1) shall--
(A) promote sustainable trail management that
protects natural resources and provides diverse, high-
quality recreation opportunities, which may include
loop trails for nonmotorized uses;
(B) 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
(C) 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 section
5(a)(2), pending completion of the required
environmental analysis.
(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
National Forest System trail plan developed under paragraph
(1), including the identification of the National Forest System
trail described in paragraph (4)(C) and any other priority
National Forest System 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 and related facilities within the
National Scenic Area are 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 be constructed only along National
Forest System roads.
(g) 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 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 National Forest System land or
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
management 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 and necessary burn unit
preparation 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, solar, or other renewable energy
development; and
(E) designation of new utility corridors, utility
rights-of-way, or communications sites.
(2) Effect.--Consistent with subsection (f)(3)(A), the
withdrawal under paragraph (1) shall not deny access to private
land or an interest in private land within the National Scenic
Area.
(p) Management Plan.--
(1) In general.--As soon as practicable after the date of
the completion of the National Forest System 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 management plan for the George Washington
and Jefferson National Forests 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 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).
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 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 5(a)(2) of
the Shenandoah Mountain Act, 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
5(a)(2) of the Shenandoah Mountain Act, 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 5(a)(2) of
the Shenandoah Mountain Act, 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 5(a)(2) of
the Shenandoah Mountain Act, 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 5(a)(2) of
the Shenandoah Mountain Act, 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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