69–006 

110TH CONGRESS REPT. 110–598 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR 

WEST VIRGINIA’S SPECIAL PLACES 

APRIL 22, 2008.—Committed to the Committee of the Whole House on the state of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5151] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (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, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Wild Monongahela Act: A National Legacy for West 

Virginia’s Special Places’’. 

SEC. 2. 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 


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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.). Notwithstanding the 

designation of the Dolly Sods Wilderness addition by paragraph (3) of subsection (a) 

and the designation of the Roaring Plains West Wilderness Area by paragraph (5) 

of such subsection, the Secretary may continue to authorize the competitive running 

event permitted from 2003 through 2007 in the vicinity of the boundaries of the new 

wilderness addition and new wilderness area in a manner compatible with the 

area’s preservation 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. 

SEC. 3. 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 

Wilderness Act (16 U.S.C. 1131 et seq.). Any reference in the Wilderness Act to the 

effective date of that Act shall be deemed to be a reference to the effective date of 

Public Law 97–466 and this Act. 

SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION. 

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. 

SEC. 5. ENHANCED TRAIL OPPORTUNITIES. 

(a) PLAN.—


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(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. 

PURPOSE OF THE BILL

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

National Forest System lands in the Monongahela National Forest 

in the State of West Virginia, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 5151, as reported, designates 37,771 acres of National Forest System lands in the Monongahela National Forest in West Virginia as wilderness. 

The Monongahela National Forest is comprised of more than 

919,000 acres of federal land in ten counties of eastern West Virginia. The forest is a major recreational resource for West Virginians as well as people from neighboring states, hosting approximately three million visitors annually. Currently, the forest has 

five federally designated wilderness areas comprising 78,041 acres: 

Otter Creek, Dolly Sods, Laurel Fork North and South, and the 

Cranberry Wilderness. 

As part of the revision of the Forest Plan completed in 2006, 18 

roadless areas were inventoried and evaluated for their wilderness 

potential. As a result of this process, H.R. 5151, as amended, proposes to designate six of the evaluated areas, totaling 37,771 acres, 

as wilderness. Three of the areas are additions to existing wilderness: the Cranberry Expansion in Webster and Pocahontas Counties, the Dolly Sods Expansion in Tucker County, and the Otter 

Creek Expansion, also in Tucker County. The remaining three are 

proposed new wilderness areas: Big Draft in Greenbrier County, 

Roaring Plains West in Pendleton and Randolph Counties, and 

Spice Run in Greenbrier and Pocahontas Counties. 

Under the new Land and Resource Management Plan for the 

Monongahela National Forest, all six areas are currently being 

managed essentially as wilderness. The Cranberry Expansion, the 

Otter Creek Expansion, and Roaring Plains West are under Management Prescription 5.1, Recommended Wilderness. The Big Draft 

area, the Dolly Sods Expansion and the Spice Run area are under 

Management Prescription 6.2, Backcountry Recreation. This management prescription emphasizes a non-motorized setting with a 

largely natural environment and a lack of management- related 

disturbance. 

The proposed wilderness areas in H.R. 5151 include: 


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Big Draft: This 5,144-acre area in the southern tip of the forest 

is located about five miles from White Sulphur Springs, the home 

of the famed Greenbrier Resort. According to the Forest Service 

evaluation of the area, the primary vegetative type is oak and hickory with pockets of hemlock and white pine as well as black hickory and sassafras. The evaluation makes note of the area’s ‘‘natural 

untrammeled appearance, and natural ecological processes that are 

the primary factors affecting the area.’’ Trout and small-mouth 

bass fishing are considered excellent. The area provides critical 

habitat for various rare and threatened species. The Small Whorled 

Pogonia, a member of the orchid family, is found here as well as 

the Candy Darter (a member of the perch family) and Barbara’s 

Buttons (a type of aster). Big Draft has over 13 miles of established 

hiking trails with connectivity to many more. It is adjacent to the 

Big Bend Recreation Area, which has a campground and trailhead 

for the Blue Bend Loop Trail, which travels through the proposed 

wilderness. The area has also been popular for wilderness quality 

whitewater trips down Anthony Creek. 

Cranberry Expansion: An 11,951-acre addition to the highly popular Cranberry Wilderness, the expansion is located between the 

Williams River on the North and the Cranberry River on the South 

and West. According to the Forest Service evaluation, ‘‘both natural 

integrity and appearance are considered high over much of the 

area.’’ With elevations approaching 4,400 feet along the ridges, the 

evaluation notes the area ‘‘is a deeply dissected high plateau with 

sharp valleys and many peaks’’ with vegetation consisting of red 

spruce, hemlock, mountain ash and aspen. The area provides habitat for the West Virginia northern flying squirrel, as well as black 

bear, white-tailed deer and beaver. It also contains an excellent 

trail system and is held in high esteem by hunters, anglers and 

hikers. The combination of the Cranberry Wilderness, Cranberry 

Backcountry and Cranberry Expansion would create the largest 

area of non-motorized recreational opportunities in West Virginia— a vast silent forest primeval. 

Dolly Sods Expansion: Another well-known and popular wilderness area, Dolly Sods is proposed to be expanded by 7,156 acres to 

the north. Most of the area is a rolling plateau of over 3,800 feet 

in elevation. The Allegheny Front drops 2,200 feet to the east, just 

outside the proposed wilderness boundary. According to the Forest 

Service evaluation, ‘‘the bog and heath eco-types are more typical 

of what one would expect to find in Maine or southern Canada 

rather than West Virginia.’’ Large expanses of heath barrens with 

blueberries, huckleberries and cranberries occupy portions of the 

plateau. In addition to whitetail deer, black bear, grouse, wild turkey, and bobcat, snowshoe hares and New England cottontails, unusual in West Virginia, are common here. The Cheat Mountain salamander and West Virginia northern flying squirrel also make 

their homes in the area. Views west from Cabin Mountain across 

the Canaan Valley National Wildlife Refuge are outstanding. This 

high-altitude wind swept plateau is the site of rapid weather 

changes, including dense fog banks, and sleet and snow can occur 

at any time of the year. 

Otter Creek Expansion: This small 698-acre proposed expansion 

of the Otter Creek Wilderness area has a high natural integrity 

and appearance and is dominated by spruce at its higher elevations 


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with a mixture of northern hardwoods. This area occupies the 

northern and eastern flanks of McGowan Mountain leading down 

to the Dry Fork of the Cheat River. It provides much of the scenic 

view for this popular river which contains excellent whitewater 

recreation opportunities and trout fishing. The expansion would extend the wildlife habitat protection provided by the existing wilderness for animals such as black bear, wild turkey and white-tailed 

deer. The red spruce on top of McGowan Mountain provide habitat 

for the West Virginia northern flying squirrel and Cheat Mountain 

salamander. 

Roaring Plains West: This 6,792-acre area located southwest of 

Dolly Sods ranges in elevation from 3,700 feet to over 4,700 feet 

and is, according to the Forest Service evaluation, minimally affected by outside forces. The Roaring Plains and Flatrock Plains 

areas encompassed by the proposed wilderness comprise the highest plateaus in the eastern United States. They are part of the geologic backbone of West Virginia called the Allegheny Front. The 

evaluation also notes that this is remote backcountry, providing a 

good opportunity for solitude. Special features include an area 

known as Mt. Porte Crayon, with exceptional views. At least seven 

high elevation wetlands are present and are home to the snowshoe 

hare, bog lemming, and bobcat. Deer, turkey and bear are also 

abundant. 

Spice Run: A proposed 6,030-acre new wilderness, this area rises 

from the Greenbrier River on its western boundary and is an extremely remote place primarily accessible from the river. There are 

no system trails within the area. The elevation ranges from 2,000 

feet along the Greenbrier River to 3,284 feet on the top of Slab 

Camp Mountain. Spice Run, along with Davy Run and Kincaid 

Run, cut steep hollows which delineate the terrain. Spice Run is 

one of the most remote places in the state and provides excellent 

opportunities for solitude and backcountry recreation. 

COMMITTEE ACTION

H.R. 5151 was introduced on January 29, 2008 by Committee on 

Natural Resources Chairman Nick Rahall (D–WV). The bill was referred to the Committee on Natural Resources, and within the 

Committee to the Subcommittee on National Parks, Forests, and 

Public Lands. On February 26, 2008, the Subcommittee on National Parks, Forests, and Public Lands held a hearing on the bill. 

On April 2, 2008, the Full Natural Resources Committee met to 

consider the bill. Chairman Rahall offered an amendment in the 

nature of a substitute to delete the Cheat Mountain Proposed Wilderness Area, make technical corrections to the maps and boundaries of the proposed wilderness areas, allow the Secretary to continue a competitive running event in the vicinity of two proposed 

wilderness areas, require the Secretary of Agriculture to develop a 

plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the 

Monongahela National Forest, and make a boundary adjustment to 

the Laurel Fork South Wilderness. It was adopted by voice vote. 

The bill, as amended, was then ordered favorably reported to the 

House of Representatives by voice vote. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 cites the short title of H.R. 5151 as the ‘‘Wild 

Monongahela Act: A National Legacy for West Virginia’s Special 

Places.’’

Section 2. Designation of wilderness, Monongahela National Forest, 

West Virginia 

Section 2 designates three new proposed wilderness areas in the 

Monongahela National Forest as wilderness, and expands three 

wilderness areas in the Monongahela National Forest. 

Section 2(a)(1) designates 5,144 acres of the Monongahela National Forest as the Big Draft Wilderness. 

Section 2(a)(2) adds 11,951 acres of the Monongahela National 

Forest to the Cranberry Wilderness designated by section 1(1) of 

Public Law 97–466. 

Section 2(a)(3) adds 7,156 acres of the Monongahela National 

Forest to the Dolly Sods Wilderness designated by section 3(a)(13) 

of Public Law 93–622. 

Section 2(a)(4) adds 698 acres of the Monongahela National Forest to the Otter Creek Wilderness designated by section 3(a)(14) of 

Public Law 93–622. 

Section 2(a)(5) designates 6,792 acres of the Monongahela National Forest as the Roaring Plains West Wilderness. 

Section 2(a)(6) designates 6,030 acres of the Monongahela National Forest as the Spice Run Wilderness. 

Section 2(b) states that as soon as practicable after the date of 

enactment of this Act, the Secretary of Agriculture shall file with 

the relevant House and Senate Committees a map and legal description of each wilderness area. 

Section 2(c) specifies that the federal lands designated by subsection (a) shall be administered by the Secretary in accordance 

with the Wilderness Act; and allows the Secretary to continue to 

authorize a competitive running event in the vicinity of the boundaries of the Dolly Sods Wilderness addition and the Roaring Plains 

West Wilderness Area in a manner compatible with the area’s preservation as wilderness. 

Section 2(d) requires that with respect to the federal lands 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 a reference to the date of the enactment of this Act. 

Section 2(e) restates that as provided for in the section 4(d)(7) of 

the Wilderness Act, nothing in this section affects the jurisdiction 

or responsibilities of the State of West Virginia with respect to 

wildlife and fish. 

Section 3. Boundary adjustment, Laurel Fork South Wilderness, 

Monongahela National Forest 

Section 3(a) adjusts the boundary of the Laurel Fork South Wilderness designated by section 1(3) of Public Law 97–466 to exclude 

two parcels of land which contain existing easements for access to 

private property. 


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Section 4. Monongahela National Forest boundary confirmation 

Section 4 confirms the boundaries of the Monongahela National 

Forest to include tracts of land as generally depicted on the map 

entitled ‘‘Monongahela National Forest Boundary Confirmation’’

and dated March 13, 2008. The purpose of this provision is to incorporate into the National Forest boundary a number of purchase 

units acquired by the Forest Service over the years that are adjacent to the existing boundaries. 

Section 5. Enhanced trail opportunities 

Section 5 requires the Secretary of Agriculture, in consultation 

with other parties, to develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as 

wilderness within the Monongahela National Forest. A nonmotorized recreational trail is defined as a trail designed for hiking, bicycling, and equestrian use. The Secretary of Agriculture is 

required to submit to Congress a report on the implementation of 

the plan not later than two years after the date of the enactment 

of this Act. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to designate as wilderness additional National Forest 

System lands in the Monongahela National Forest in the State of 

West Virginia. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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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 

bill 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 bill 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. 

The CBO staff contact for this estimate is Tyler Kruzich. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 5151 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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