I 

109TH CONGRESS 

2D SESSION H. R. 5612 

To establish the Mountaintown National Scenic Area in the Chattahoochee 

National Forest, Georgia, and to designate additional National Forest 

System land in the State of Georgia as components of the National 

Wilderness Preservation System. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2006 

Mr. DEAL of Georgia (for himself and Mr. NORWOOD) introduced the following bill; which was referred to the Committee on 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 establish the Mountaintown National Scenic Area in the 

Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the 

State of Georgia as components of the National Wilderness Preservation System. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chattahoochee Na5 tional Forest Act of 2006’’. 


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1 SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHAT2 TAHOOCHEE NATIONAL FOREST, GEORGIA. 

3 (a) ESTABLISHMENT.—There is hereby established in 

4 the Chattahoochee National Forest in the State of Georgia 

5 the Mountaintown National Scenic Area (in this section 

6 referred to as the ‘‘scenic area’’) consisting of approxi7 mately 13,382 acres, as generally depicted on the map en8 titled ‘‘Mountaintown Proposed Scenic Area—Chattahoo9 chee National Forest, Georgia’’ and dated May 3, 2006. 

10 (b) MAP AND DESCRIPTIONS.—As soon as prac11 ticable after the date of the enactment of this Act, the 

12 Secretary of Agriculture shall submit to Congress a final 

13 map and boundary description of the scenic area. The map 

14 and description shall have the same force and effect as 

15 if included in this Act, except that the Secretary may cor16 rect clerical and typographical errors in the map and 

17 boundary description. The map and boundary description 

18 shall be on file and available for public inspection in the 

19 Office of the Chief of the Forest Service. In the case of 

20 any discrepancy between the acreage and the map referred 

21 to in subsection (a) and the map and boundary description 

22 required by this subsection, the map and boundary de23 scription required by this subsection shall control. 

24 (c) MANAGEMENT.— 

25 (1) PURPOSES.—The Secretary shall manage 

26 the scenic area for the purposes of— 

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1 (A) ensuring the appropriate protection 

2 and preservation of the scenic quality, water 

3 quality, natural characteristics, and water re4 sources of the area; 

5 (B) protecting and managing vegetation in 

6 the area to provide wildlife and fish habitat, 

7 consistent with subparagraph (A); 

8 (C) providing parcels within the area that 

9 may develop characteristics of old-growth for10 ests; and 

11 (D) providing a variety of recreation op12 portunities, consistent with the preceding pur13 poses. 

14 (2) PRIORITY.—In the case of a conflict be15 tween the management purposes specified in para16 graph (1) and the laws and regulations generally ap17 plicable to the National Forest System, the manage18 ment purposes shall take precedence. 

19 (d) MANAGEMENT PLAN.—Not later than three years 

20 after the date of the enactment of this Act, the Secretary 

21 shall develop a management plan for the scenic area as 

22 an amendment to the land and resource management plan 

23 for the Chattahoochee National Forest. The amendment 

24 shall conform to the requirements of this section. Nothing 

25 in this section shall require the Secretary to revise the 


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1 land and resource management plan for the Chattahoo2 chee National Forest pursuant to section 6 of the Forest 

3 and Rangeland Renewable Resources Planning Act of 

4 1974 (16 U.S.C. 1604). 

5 (e) ROADS.—After the date of the enactment of this 

6 Act, no new roads shall be constructed or established with7 in the scenic area, except that this prohibition shall not 

8 be construed to deny access to private lands or interests 

9 therein in the scenic area. 

10 (f) VEGETATION MANAGEMENT.—No timber harvest 

11 shall be allowed within the scenic area, except as may be 

12 necessary in the control of fire, insects, and diseases and 

13 to provide for public safety and trail access. Notwith14 standing the foregoing, the Secretary may engage in vege15 tation manipulation practices for maintenance of existing 

16 wildlife clearings and visual quality. Firewood may be har17 vested for personal use along perimeter roads under such 

18 conditions as the Secretary may impose. 

19 (g) MOTORIZED TRAVEL.—Motorized travel shall not 

20 be permitted within the scenic area, except that the Sec21 retary may authorize motorized travel within the scenic 

22 area as necessary for administrative use in furtherance of 

23 the management purposes specified in subsection (c)(1) 

24 and in support of wildlife management projects in exist25 ence as of the date of the enactment of this Act. 


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1 (h) FIRE.—Wildfires in the scenic area shall be sup2 pressed in a manner consistent with the management pur3 poses specified in subsection (c)(1), using such means as 

4 the Secretary considers appropriate. 

5 (i) INSECTS AND DISEASE.—Insect and disease out6 breaks may be controlled in the scenic area to maintain 

7 scenic quality, prevent tree mortality, reduce hazards to 

8 visitors, or protect private lands. 

9 (j) WATER.—The scenic area shall be administered 

10 so as to maintain or enhance existing water quality. 

11 (k) MINING WITHDRAWAL.—Subject to valid existing 

12 rights, all federally owned lands in the scenic area are 

13 hereby withdrawn from location, entry, and patent under 

14 the mining laws of the United States and from leasing 

15 claims under the mineral and geothermal leasing laws of 

16 the United States, including amendments to such laws. 

17 SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

18 SYSTEM LAND AS WILDERNESS IN GEORGIA. 

19 (a) DESIGNATION.—In furtherance of the purposes of 

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

21 lands in the State of Georgia, which are administered by 

22 the Secretary of Agriculture as part of the Chattahoochee 

23 National Forest and comprise approximately 8,448 acres, 

24 as generally depicted on the maps dated May 3, 2006, and 

25 entitled ‘‘Proposed Wilderness Additions—Chattahoochee 


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1 National Forest’’, are hereby designated as wilderness and 

2 incorporated into the existing wilderness area to which 

3 they adjoin: 

4 (1) Three additions to the existing Southern 

5 Nantahala Wilderness: Ben Gap, consisting of 1,294 

6 acres, Shoal Branch, consisting of 412, and Tate 

7 Branch, consisting of 1,085 acres. 

8 (2) One addition to the existing Blood Moun9 tain Wilderness: Cedar Mountain, consisting of 561 

10 acres. 

11 (3) Two additions to the existing Brasstown 

12 Wilderness: Duck Branch, consisting of 190 acres, 

13 and Wilson Cove, consisting of 563 acres. 

14 (4) One addition to the existing Ellicott Rock 

15 Wilderness: Ellicott Rock Addition, consisting of 562 

16 acres. 

17 (5) Two additions to the existing Cohutta Wil18 derness: Foster Branch, consisting of 165 acres, and 

19 Ken Mountain, consisting of 527 acres. 

20 (6) One addition to the existing Raven Cliffs 

21 Wilderness: Helton Creek, consisting of 2,451 acres. 

22 (7) One addition to the existing Tray Mountain 

23 Wilderness: Tripp Branch, consisting of 638 acres. 

24 (b) MAPS AND LEGAL DESCRIPTIONS.—As soon as 

25 practicable after the date of the enactment of this Act, 


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1 the Secretary shall submit to Congress final maps and 

2 boundary descriptions of the lands designated as wilder3 ness by this section. The maps and descriptions shall have 

4 the same force and effect as if included in this Act, except 

5 that the Secretary may correct clerical and typographical 

6 errors in the maps and boundary descriptions. The maps 

7 and boundary descriptions shall be on file and available 

8 for public inspection in the Office of the Chief of the For9 est Service. 

10 (c) ADMINISTRATION.— 

11 (1) IN GENERAL.—Subject to valid existing 

12 rights, the Secretary shall administer the lands des13 ignated as wilderness by this section in accordance 

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

15 and this section. 

16 (2) EFFECTIVE DATE OF WILDERNESS ACT.— 

17 With respect to the land designated as wilderness by 

18 this section, any reference in the Wilderness Act (16 

19 U.S.C. 1131 et seq.) to the effective date of the Wil20 derness Act shall be deemed to be a reference to the 

21 date of enactment of this Act. 

22 (3) FISH AND WILDLIFE.—As provided in sec23 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 

24 1133(d)(7)), nothing in this section shall be con25 strued as affecting the jurisdiction or responsibilities 


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1 of the State of Georgia with respect to fish and wild2 life in the Chattahoochee National Forest. 

3 (4) WITHDRAWAL.—Subject to valid existing 

4 rights in existence on the date of enactment of this 

5 Act, the Federal land designated as wilderness by 

6 this section is withdrawn from all forms of entry, 

7 appropriation, or disposal under the public land 

8 laws; location, entry, and patent under the mining 

9 laws; and disposition under all laws pertaining to 

10 mineral and geothermal leasing or mineral materials. 

Æ 


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