69–010 

Calendar No. 823 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–391 

WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR 

WEST VIRGINIA’S SPECIAL PLACES 

JUNE 16, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 5151] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 5151) to designate as wilderness additional 

National Forest System lands in the Monongahela National Forest 

in the State of West Virginia, and for other purposes, having considered the same, reports favorably thereon with amendments and 

recommends that the Act, as amended, do pass. 

The amendments are as follows: 

1. On page 6, strike lines 10 through 12 and insert the following: 

‘‘1131 et seq.).’’ 

2. On page 6, line 15, insert ‘‘(a) IN GENERAL.—’’ before ‘‘The 

boundary’’. 

3. On page 6, between lines 23 and 24, insert the following: 

(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. 

PURPOSE

The purpose of H.R. 5151 is to designate as wilderness additional 

National Forest System land in the Monongahela National Forest 

in the State of West Virginia, to adjust certain boundaries, and to 

enhance non-motorized recreational trail opportunities. 


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BACKGROUND AND NEED

The Monongahela National Forest is composed of over 919,000 

acres of Federal land in 10 counties located in the eastern portion 

of West Virginia. The forest hosts approximately three million visitors annually. Currently, the forest has five wilderness areas comprising 78,041 acres: Otter Creek, Dolly Sods, Laurel Fork North, 

and Laurel Fork, and the Cranberry Wilderness. These wilderness 

areas range in elevation from just under 2,000 feet to over 4,000 

feet, and they include rare ecosystems and habitat for threatened 

and endangered species. 

The Monongahela National Forest revised its land and resource 

management plan in 2006 and, in the process, inventoried and 

evaluated 18 roadless areas for their wilderness potential. As a result, the National Forest recommended four areas representing 

nearly 27,700 acres for wilderness study and protection, including 

Cheat Mountain in Randolph County, an expansion of the Cranberry Wilderness in Webster and Pocahontas Counties, an expansion of the Otter Creek Wilderness in Tucker County, and Roaring 

Plains West in Pendleton and Randolph Counties. In addition, the 

Forest Service determined that three areas (Big Draft in 

Greenbrier County, an expansion of the Dolly Sods Wilderness in 

Tucker County, and Spice Run in Greenbrier and Pocahontas 

Counties) were eligible for wilderness designation, but it instead 

designated all three areas as ‘‘semiprimitive nonmotorized areas’’

in order to permit certain mechanized activities, while at the same 

time protecting their roadless characteristics. 

H.R. 5151 would permanently protect most of these areas as wilderness, including two of the three areas recommended for wilderness designation and the four areas that were found to have wilderness characteristics, but designated as ‘‘semiprimitive nonmotorized areas’’ in the 2006 forest plan. 

LEGISLATIVE HISTORY

H.R. 5151 was introduced on January 29, 2008, by Representative Rahall. A hearing was held on the bill on February 26, 2008, 

and it was ordered reported with an amendment by the Natural 

Resources Committee on April 2, 2008. The House of Representatives passed H.R. 5151, as amended, on April 22, 2008, by a vote 

of 368–17. 

Senators Byrd and Rockefeller introduced a similar bill, S. 2581, 

on January 30, 2008. The Subcommittee on Public Lands and Forests held a hearing on that bill on April 15, 2008. 

At its business meeting on May 7, 2008, the Committee on Energy and Natural Resources ordered H.R. 5151 favorably reported, 

with an amendment. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 7, 2008, by voice vote of a quorum 

present, recommends that the Senate pass H.R. 5151, if amended 

as described herein. 


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COMMITTEE AMENDMENTS

The Committee recommends three amendments. The first removes unnecessary language regarding the effective date of the 

Wilderness Act. The second adds a heading. The third adds language clarifying that the Land and Water Conservation Fund may 

be used to acquire outstanding interests in the land included in the 

confirmed boundaries of the Monongahela National Forest. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title. 

Section 2(a) designates approximately 37,771 acres of National 

Forest System land within the Monongahela National Forest, as 

follows: 

Paragraph (1) designates approximately 5,144 acres to be known 

as the ‘‘Big Draft Wilderness’’, as generally depicted on the referenced map; 

Paragraph (2) designates approximately 11,951 acres as an addition to the Cranberry Wilderness designated by section 1(1) of Public Law 97–466, as generally depicted on the referenced map; 

Paragraph (3) designates approximately 7,156 acres as an addition to the Dolly Sods Wilderness designated by section 3(a)(13) of 

Public Law 93–622, as generally depicted on the referenced map; 

Paragraph (4) designates approximately 698 acres as an addition 

to the Otter Creek Wilderness designated by section 3(a)(14) of 

Public Law 93–622, as generally depicted on the referenced map; 

Paragraph (5) designates approximately 6,792 acres to be known 

as the ‘‘Roaring Plains West Wilderness’’, as generally depicted on 

the referenced map; and 

Paragraph (6) designates approximately 6,030 acres to be known 

as the ‘‘Spice Run Wilderness’’, as generally depicted on the referenced map. 

Subsection (b)(1) directs the Chief of the Forest Service to file a 

map and legal description of each wilderness area designated or expanded by subsection (a) with the relevant congressional committees and to keep them on file and available to the public. 

Paragraph (2) states that the maps and legal descriptions 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 legal descriptions. 

Subsection (c) states that the designated wilderness areas shall 

be administered in accordance with the Wilderness Act, subject to 

valid existing rights. Subsection (c) also clarifies that the Secretary 

may continue to authorize a running race in the vicinity of the referenced wilderness areas. 

Subsection (d) provides that, with respect to the land designated 

as wilderness by subsection (a), any reference in the Wilderness 

Act to the effective date of the Wilderness Act shall be deemed to 

be the date of enactment of this Act. 

Subsection (e) states that nothing in this Act affects the jurisdiction or responsibility of the State of West Virginia with respect to 

wildlife and fish, as provided by section 4(d)(7) of the Wilderness 

Act. 


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Section 3 adjusts the boundary of the Laurel Fork South Wilderness to exclude two parcels of land which contain existing easements for access to private property. 

Section 4(a) confirms that the boundaries of the Monongahela 

National Forest include certain tracts of land that have been acquired by the Forest Service, as generally depicted on the referenced map. 

Subsection (b) clarifies that the Land and Water Conservation 

Fund may be used to acquire outstanding interests in the land included in the confirmed boundaries of the Monongahela National 

Forest. 

Section 5 requires the Secretary of Agriculture to develop a plan 

to provide for enhanced hiking, bicycling, and equestrian trail opportunities on non-wilderness lands in the Monongahela National 

Forest. The Secretary of Agriculture is directed to submit a report 

to Congress on the implementation of the plan not later than two 

years after the date of the enactment of this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

H.R. 5151—Wild Monongahela Act: A National Legacy for West Virginia’s Special Places 

H.R. 5151 would designate approximately 38,000 acres of the 

Monongahela National Forest in West Virginia as wilderness. The 

act also would adjust the boundary of the forest and require the 

Secretary of Agriculture to develop a plan to enhance trails within 

the forest. 

Assuming the availability of appropriated funds, CBO estimates that implementing the legislation would cost $1.4 million over the 

2009–2013 period. The funds would be used to survey and mark 

the wilderness area as well as to develop the trail plan. Enacting 

this legislation would have no net impact on direct spending and 

would not affect revenues. 

H.R. 5151 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

On April 15, 2008, CBO transmitted a cost estimate for H.R. 

5151 as ordered reported by the House Committee on Natural Resources on April 2, 2008. The two versions of the legislation are 

similar, and the estimated costs of enacting the legislation are 

identical. 

The CBO staff contact for this estimate is Tyler Kruzich. The estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 5151. 

The Act is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 


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No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 5151. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 5151 does not contain any congressionally directed spending 

items, limited tax benefits, or limited tariff benefits as defined in 

rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on S. 2581 (which is identical 

to H.R. 5151, as introduced) on April 15, 2008. 

STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

S. 2581 would designate about 47,128 acres of the 

Monongahela National Forest as wilderness, adding to 

three existing wilderness areas and designating four new 

ones. The Department supports designation of Cheat 

Mountain, Cranberry Expansion, Dry Fork Expansion, and 

Roaring Plains West as wilderness. For all four areas, wilderness designation would be consistent with recommendations by the Monongahela National Forest in its 2006 forest plan revision. 

We do not object to wilderness designation for the other 

three areas proposed by the bill. In the environmental impact statement that accompanied the 2006 forest plan revision, the Monongahela National Forest determined that 

Big Draft, the Dolly Sods Expansion, and Spice Run are all 

available for wilderness designation. The Monongahela National Forest designated all three areas as ‘‘semiprimitive 

nonmotorized’’ in order to help maintain their roadless attributes over time while still permitting other established 

uses. 

The Monongahela National Forest has five existing wilderness areas, all of which offer outstanding wilderness experiences. I have personally visited some of the seven 

areas proposed in this bill, and I believe that all seven 

areas have outstanding wilderness attributes. All are rugged forested land minimally affected by outside forces, 

with natural processes operating and vestiges of human 

impacts (such as old roads and clearcuts) rapidly healing 

over. Ranging in elevation from just under 2,000 feet to 

over 4,000 feet, these landscapes harbor rare ecosystems 

(such as high-elevation red spruce) and habitat for federally listed species. 

That is why the Monongahela National Forest recommended four of the seven areas for wilderness study in 

its revised forest plan in 2006: Cheat Mountain, Cranberry 

Expansion, Dry Fork Expansion, and Roaring Plains West. 

These units represent nearly 27,700 acres recommended 


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for wilderness study. The Department supports their inclusion in this bill. 

In its forest plan revision, after consulting with the public, the Monongahela National Forest decided not to include Big Draft, the Dolly Sods Expansion, and Spice Run 

among the areas recommended for wilderness. Instead, we 

designated all three as semiprimitive nonmotorized areas, 

one of the most restrictive allocations that the Forest Service can give. This management prescription protects their 

naturalness while permitting such popular and relatively 

low-impact uses as mountain biking. It also allows the manipulation of vegetation to create wildlife openings. 

However, we recognize the wilderness eligibility of all 

three areas, and their designation as wilderness would be 

consistent with values that the Monongahela National Forest’s revised forest plan is designed to protect. In other locations, the Monongahela National Forest maintains opportunities for mountain biking and for manipulating 

vegetation to improve wildlife habitat. Therefore, the Department would not object to including Big Draft, the Dolly 

Sods Expansion, and Spice Run in this bill if boundary adjustments and other issues are addressed. 

If all seven areas are designated as wilderness, we 

would suggest adjusting some of the proposed boundaries 

to avoid conflicts and make the wilderness areas more 

manageable. Some proposed boundaries appear to be based 

on the boundaries of the roadless areas analyzed during 

the 2006 forest plan revision. Those roadless area boundaries were not intended to define wilderness boundaries. 

Adjustments should be made to account for mapping errors; to provide access to state and private land; to exclude 

developed sites and managed wildlife openings; to add offsets for powerlines and other features inconsistent with 

wilderness; and to align the boundaries with existing wilderness boundaries. 

The largest boundary question regards the southwestern 

corner of the proposed Spice Run unit, an area of 974 

acres. This area lies outside the area that the 

Monongahela National Forest evaluated for wilderness in 

its 2006 forest plan because it did not meet the criteria for 

roadless areas. Should it become designated wilderness, 

motorized access to three adjacent parcels of private land 

could become an issue. 

We would like to work with the bill’s sponsors and the 

subcommittee to adjust the boundaries to accommodate 

these and other concerns. The Forest Service has prepared 

a set of proposed boundary adjustments, taking care to ensure that our proposed adjustments would not detract from 

the overall wilderness legislation. We would welcome the 

opportunity to provide this information to the subcommittee. 

Removing most of the structures incompatible with wilderness would not be necessary if our proposed boundary 

adjustments were made. Even with the adjustments, however, a hiking shelter and about 9 miles of road would reVerDate Aug 31 2005 04:02 Jun 18, 2008 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR391.XXX SR391

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main within the wilderness boundaries. The shelter would 

likely be allowed to deteriorate and then be removed. Unless converted to trails, the roads (currently closed to vehicular traffic) would require decommissioning to protect 

water quality and other natural resource values. The 

Monongahela National Forest would conduct an analysis to 

determine the appropriate management actions and then 

make the investments needed, subject to available appropriations, to remove culverts, construct trail, or contour 

the land to reduce erosion. 

We strongly support the spirit of this legislation, and we 

confirm that all seven areas proposed for wilderness designation meet the criteria for wilderness. Working with the 

subcommittee, we are confident that we can remedy 

boundary deficiencies and establish final wilderness 

boundaries that are sound and manageable. 

The House Committee on Natural Resources approved 

an Amendment in the Nature of a Substitute to H.R. 5151. 

This amendment includes updated acreage figures resulting from boundary adjustments to the Big Draft Wilderness, the Cranberry Expansion, the Dolly Sods Expansion, 

the Otter Creek Expansion Proposed Wilderness, the Roaring Plains West Wilderness, and the Spice Run Wilderness. These adjustments address concerns raised by the 

Department in our previous testimony, and we support 

them. 

H.R. 5151, as amended, allows for the continuation of a 

competitive running event in the vicinity of the Dolly Sods 

Wilderness and the Roaring Plains West Wilderness. Forest Service policy does not permit competitive events in 

wilderness. Our intent would be to work with the sponsors 

to find a suitable alternative for the competitive event. 

Section 3 was added to H.R. 5151 to adjust the boundary 

to the Laurel Fork South Wilderness by 123 acres. Section 

4 was added to confirm that the Monongahela National 

Forest boundary includes recently acquired tracts of land. 

The Department supports these changes to the bill. Section 4 should be amended to include reference to the Land 

and Water Conservation Fund Act (LWCFA) because expenditures of LWCFA funds are restricted to forest boundaries as they existed on the original date of the Act. 

* * * * * * * 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the Act H.R. 5151 as ordered reported. 

Æ 


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