II 

Calendar No. 781 

110TH CONGRESS 

2D SESSION S. 570 

[Report No. 110–349] 

To designate additional National Forest System lands in the State of Virginia 

as wilderness or a wilderness study area, to designate the Kimberling 

Creek Potential Wilderness Area for eventual incorporation in the 

Kimberling Creek Wilderness, to establish the Seng Mountain and Bear 

Creek Scenic Areas, to provide for the development of trail plans for 

the wilderness areas and scenic areas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2007 

Mr. WARNER (for himself and Mr. WEBB) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To designate additional National Forest System lands in 

the State of Virginia as wilderness or a wilderness study 

area, to designate the Kimberling Creek Potential Wilderness Area for eventual incorporation in the 

Kimberling Creek Wilderness, to establish the Seng 

Mountain and Bear Creek Scenic Areas, to provide for 

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the development of trail plans for the wilderness areas 

and scenic areas, and for other purposes. 

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Virginia Ridge and Valley Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Designation of additional National Forest System lands in Jefferson 

National Forest, Virginia, as wilderness or a wilderness study 

area. 

Sec. 3. Designation of Kimberling Creek Potential Wilderness Area, Jefferson 

National Forest, Virginia. 

Sec. 4. Designation of Seng Mountain and Bear Creek Scenic Areas, Jefferson 

National Forest, Virginia. 

Sec. 5. Trail plan and development. 

8 SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

9 SYSTEM LANDS IN JEFFERSON NATIONAL 

10 FOREST, VIRGINIA, AS WILDERNESS OR A 

11 WILDERNESS STUDY AREA. 

12 (a) DESIGNATION OF WILDERNESS.—Section 1 of 

13 Public Law 100–326 (102 Stat. 584; 16 U.S.C. 1132 

14 note), as amended by Public Law 106–471 (114 Stat. 

15 2057), is further amended— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘System—’’ and inserting ‘‘System:’’; 

18 (2) by striking ‘‘certain’’ at the beginning of 

19 paragraphs (1) through (8) and inserting ‘‘Certain’’; 

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1 (3) by striking the semicolon at the end of 

2 paragraphs (1) through (6) and inserting a period; 

3 (4) by striking ‘‘; and’’ at the end of paragraph 

4 (7) and inserting a period; and 

5 (5) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(9) Certain lands in the Jefferson National 

8 Forest, which comprise approximately 3,769 acres, 

9 as generally depicted on the map entitled ‘Brush 

10 Mountain and Brush Mountain East’ and dated 

11 February 2007, and which shall be known as the 

12 Brush Mountain East Wilderness. 

13 ‘‘(10) Certain lands in the Jefferson National 

14 Forest, which comprise approximately 4,794 acres, 

15 as generally depicted on the map entitled ‘Brush 

16 Mountain and Brush Mountain East’ and dated 

17 February 2007, and which shall be known as the 

18 Brush Mountain Wilderness. 

19 ‘‘(11) Certain lands in the Jefferson National 

20 Forest, which comprise approximately 4,223 acres, 

21 as generally depicted on the map entitled ‘Seng 

22 Mountain and Raccoon Branch’ and dated February 

23 2007, and which shall be known as the Raccoon 

24 Branch Wilderness. 

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1 ‘‘(12) Certain lands in the Jefferson National 

2 Forest, which comprise approximately 3,270 acres, 

3 as generally depicted on the map entitled ‘Stone 

4 Mountain’ and dated February 2007, and which 

5 shall be known as the Stone Mountain Wilderness. 

6 ‘‘(13) Certain lands in the Jefferson National 

7 Forest, which comprise approximately 8,470 acres, 

8 as generally depicted on the map entitled ‘Hunting 

9 Camp Creek and Garden Mountain’ and dated Feb10 ruary 2007, and which shall be known as the Hunt11 ing Camp Creek Wilderness. 

12 ‘‘(14) Certain lands in the Jefferson National 

13 Forest, which comprise approximately 3,291 acres, 

14 as generally depicted on the map entitled ‘Hunting 

15 Camp Creek and Garden Mountain’ and dated Feb16 ruary 2007, and which shall be known as the Gar17 den Mountain Wilderness. 

18 ‘‘(15) Certain lands in the Jefferson National 

19 Forest, which comprise approximately 5,476 acres, 

20 as generally depicted on the map entitled ‘Mountain 

21 Lake Additions’ and dated February 2007, and 

22 which are hereby incorporated in the Mountain Lake 

23 Wilderness designated by section 2(6) of the Vir24 ginia Wilderness Act of 1984 (Public Law 98–586; 

25 98 Stat. 3105). 

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1 ‘‘(16) Certain lands in the Jefferson National 

2 Forest, which comprise approximately 308 acres, as 

3 generally depicted on the map entitled ‘Lewis Fork 

4 Addition and Little Wilson Creek Additions’ and 

5 dated February 2007, and which are hereby incor6 porated in the Lewis Fork Wilderness designated by 

7 section 2(3) of the Virginia Wilderness Act of 1984 

8 (Public Law 98–586; 98 Stat. 3105). 

9 ‘‘(17) Certain lands in the Jefferson National 

10 Forest, which comprise approximately 1,845 acres, 

11 as generally depicted on the map entitled ‘Lewis 

12 Fork Addition and Little Wilson Creek Additions’ 

13 and dated February 2007, and which are hereby in14 corporated in the Little Wilson Creek Wilderness 

15 designated by section 2(5) of the Virginia Wilder16 ness Act of 1984 (Public Law 98–586; 98 Stat. 

17 3105). 

18 ‘‘(18) Certain lands in the Jefferson National 

19 Forest, which comprise approximately 2,249 acres, 

20 as generally depicted on the map entitled ‘Shawvers 

21 Run Additions’ and dated February 2007, and 

22 which are hereby incorporated in the Shawvers Run 

23 Wilderness designated by paragraph (4). 

24 ‘‘(19) Certain lands in the Jefferson National 

25 Forest, which comprise approximately 1,203 acres, 

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1 as generally depicted on the map entitled ‘Peters 

2 Mountain Addition’ and dated February 2007, and 

3 which are hereby incorporated in the Peters Moun4 tain Wilderness designated by section 2(7) of the 

5 Virginia Wilderness Act of 1984 (Public Law 98– 

6 586; 98 Stat. 3105). 

7 ‘‘(20) Certain lands in the Jefferson National 

8 Forest, which comprise approximately 263 acres, as 

9 generally depicted on the map entitled ‘Kimberling 

10 Creek Additions and Potential Wilderness Area’ and 

11 dated February 2007, and which are hereby incor12 porated in the Kimberling Creek Wilderness des13 ignated by section 2(2) of the Virginia Wilderness 

14 Act of 1984 (Public Law 98–586; 98 Stat. 3105).’’. 

15 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

16 Section 6(a) of the Virginia Wilderness Act of 1984 (Pub17 lic Law 98–586; 98 Stat. 3108) is amended— 

18 (1) by striking ‘‘certain’’ at the beginning of 

19 paragraphs (1) through (4) and inserting ‘‘Certain’’; 

20 (2) by striking the semicolon at the end of 

21 paragraphs (1) and (2) and inserting a period; 

22 (3) by striking ‘‘; and’’ at the end of paragraph 

23 (3) and inserting a period; and 

24 (4) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(5) Certain lands in the Jefferson National 

2 Forest, which comprise approximately 3,226 acres, 

3 as generally depicted on a map entitled ‘Lynn Camp 

4 Creek Wilderness Study Area’ and dated February 

5 2007, and which shall be known as the Lynn Camp 

6 Creek Wilderness Study Area.’’. 

7 (c) MAPS AND LEGAL DESCRIPTIONS.— 

8 (1) FILING.—As soon as practicable after the 

9 date of the enactment of this Act, the Secretary of 

10 Agriculture shall file with the Committee on Agri11 culture, Nutrition, and Forestry of the Senate and 

12 the Committee on Natural Resources and the Com13 mittee on Agriculture of the House of Representa14 tives a map and legal description of each wilderness 

15 area designated or expanded by the amendments 

16 made by subsection (a) and of the Lynn Camp 

17 Creek Wilderness Study Area designated by the 

18 amendment made by subsection (b). 

19 (2) FORCE AND EFFECT.—The maps and legal 

20 descriptions referred to in paragraph (1) shall have 

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

22 except that the Secretary of Agriculture may correct 

23 clerical and typographical errors in the maps and de24 scriptions. In the case of any discrepancy between 

25 the acreage specified in the amendments made by 

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1 subsection (a) or (b) and the corresponding map 

2 filed under paragraph (1), the map shall control. 

3 (3) AVAILABILITY.—The maps and legal de4 scriptions referred to in paragraph (1) shall be on 

5 file and available for public inspection in the Office 

6 of the Chief of the Forest Service. 

7 (d) ADMINISTRATION.— 

8 (1) NEW WILDERNESS AREAS.—Subject to valid 

9 existing rights, the Secretary of Agriculture shall ad10 minister the lands in the Jefferson National Forest 

11 designated as a new wilderness area by the amend12 ments made by subsection (a) in accordance with 

13 this section and the Wilderness Act (16 U.S.C. 1131 

14 et seq.), except that, with respect to such lands, any 

15 reference in the Wilderness Act to the effective date 

16 of that Act shall be deemed to be a reference to the 

17 date of the enactment of this Act. 

18 (2) EXPANDED WILDERNESS AREAS.—Subject 

19 to valid existing rights, the Secretary of Agriculture 

20 shall administer the lands in the Jefferson National 

21 Forest designated as wilderness and incorporated 

22 into an existing wilderness area by the amendments 

23 made by subsection (a) in accordance with this sec24 tion, the Wilderness Act (16 U.S.C. 1131 et seq.), 

25 and other laws applicable to that wilderness area, 

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1 except that, with respect to such lands, any ref2 erence in the Wilderness Act to the effective date of 

3 that Act shall be deemed to be a reference to the 

4 date of the enactment of this Act. 

5 SEC. 3. DESIGNATION OF KIMBERLING CREEK POTENTIAL 

6 WILDERNESS AREA, JEFFERSON NATIONAL 

7 FOREST, VIRGINIA. 

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

9 the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands 

10 in the Jefferson National Forest, which comprise approxi11 mately 349 acres, as generally depicted on the map enti12 tled ‘‘Kimberling Creek Additions and Potential Wilder13 ness Area’’ and dated February 2007, are designated as 

14 a potential wilderness area for eventual incorporation in 

15 the Kimberling Creek Wilderness designated by section 

16 2(2) of the Virginia Wilderness Act of 1984 (Public Law 

17 98–586; 98 Stat. 3105). 

18 (b) MAP AND LEGAL DESCRIPTIONS.— 

19 (1) FILING.—As soon as practicable after the 

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

21 Agriculture shall file with the Committee on Agri22 culture, Nutrition, and Forestry of the Senate and 

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1 tives a map and legal description of potential wilder2 ness area. 

3 (2) FORCE AND EFFECT.—The map and legal 

4 description referred to in paragraph (1) shall have 

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

6 except that the Secretary of Agriculture may correct 

7 clerical and typographical errors in the map and de8 scription. In the case of any discrepancy between the 

9 acreage specified in subsection (a) and the map filed 

10 under paragraph (1), the map shall control. 

11 (3) AVAILABILITY.—The map and legal descrip12 tion referred to in paragraph (1) shall be on file and 

13 available for public inspection in the Office of the 

14 Chief of the Forest Service. 

15 (c) MANAGEMENT.—Except as provided in subsection 

16 (d) and subject to valid existing rights, the Secretary of 

17 Agriculture shall manage the potential wilderness area as 

18 wilderness pending its incorporation in the Kimberling 

19 Creek Wilderness. 

20 (d) ECOLOGICAL RESTORATION.— 

21 (1) IN GENERAL.—For purposes of ecological 

22 restoration (including the elimination of non-native 

23 species, removal of illegal, unused, or decommis24 sioned roads, and any other activities necessary to 

25 restore the natural ecosystems in the potential wilmstockstill on PROD1PC66 with BILLS

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1 derness area), the Secretary of Agriculture may use 

2 motorized equipment and mechanized transport in 

3 the potential wilderness area until its incorporation 

4 in the Kimberling Creek Wilderness. 

5 (2) LIMITATION.—To the maximum extent 

6 practicable, the Secretary shall use the minimum 

7 tool or administrative practice necessary to accom8 plish ecological restoration with the least amount of 

9 adverse impact on wilderness character and re10 sources. 

11 (e) WILDERNESS DESIGNATION.—The potential wil12 derness area shall be designated as wilderness and incor13 porated in the Kimberling Creek Wilderness on the earlier 

14 of— 

15 (1) the date on which the Secretary of Agri16 culture publishes in the Federal Register notice that 

17 the conditions in the potential wilderness area that 

18 are incompatible with the Wilderness Act (16 U.S.C. 

19 1131 et seq.) have been removed; or 

20 (2) the date that is five years after the date of 

21 the enactment of this Act. 

22 (f) ADMINISTRATION.—Subject to valid existing 

23 rights, upon incorporation of the lands designated as wil24 derness under subsection (e) in the Kimberling Creek Wil25 derness, the Secretary of Agriculture shall administer the 

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1 lands in accordance with the Wilderness Act (16 U.S.C. 

2 1131 et seq.) and other laws applicable to that wilderness 

3 area, except that, with respect to such lands, any reference 

4 in the Wilderness Act to the effective date of that Act shall 

5 be deemed to be a reference to the date on which the lands 

6 are designated as wilderness under subsection (e). 

7 SEC. 4. DESIGNATION OF SENG MOUNTAIN AND BEAR 

8 CREEK SCENIC AREAS, JEFFERSON NA9 TIONAL FOREST, VIRGINIA. 

10 (a) ESTABLISHMENT.—The following National For11 est System lands in the State of Virginia are hereby des12 ignated as National Scenic Areas (in this section referred 

13 to as the ‘‘scenic areas’’): 

14 (1) Certain lands in the Jefferson National 

15 Forest, which comprise approximately 6,455 acres, 

16 as generally depicted on the map entitled ‘‘Seng 

17 Mountain and Raccoon Branch’’ and dated February 

18 2007, and which shall be known as the Seng Moun19 tain National Scenic Area. 

20 (2) Certain lands in the Jefferson National 

21 Forest, which comprise approximately 5,128 acres, 

22 as generally depicted on the map entitled ‘‘Bear 

23 Creek’’ and dated February 2007, and which shall 

24 be known as the Bear Creek National Scenic Area. 

25 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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1 (1) FILING.—As soon as practicable after the 

2 date of the enactment of this Act, the Secretary of 

3 Agriculture shall file with the Committee on Agri4 culture, Nutrition, and Forestry of the Senate and 

5 the Committee on Natural Resources and the Com6 mittee on Agriculture of the House of Representa7 tives a map and legal description of each of the sce8 nic areas. 

9 (2) FORCE AND EFFECT.—The maps and legal 

10 descriptions referred to in paragraph (1) shall have 

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

12 except that the Secretary of Agriculture may correct 

13 clerical and typographical errors in the maps and de14 scriptions. In the case of any discrepancy between 

15 the acreage specified in subsection (a) and the cor16 responding map filed under paragraph (1), the map 

17 shall control. 

18 (3) AVAILABILITY.—The maps and legal de19 scriptions referred to in paragraph (1) shall be on 

20 file and available for public inspection in the Office 

21 of the Chief of the Forest Service. 

22 (c) PURPOSES OF SCENIC AREAS.—The scenic areas 

23 are established for the purposes of— 

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1 (1) ensuring the protection and preservation of 

2 scenic quality, water quality, natural characteristics, 

3 and water resources; 

4 (2) protecting wildlife and fish habitat, con5 sistent with paragraph (1); 

6 (3) protecting areas that may develop charac7 teristics of old-growth forests; and 

8 (4) providing a variety of recreation opportuni9 ties, consistent with the preceding paragraphs. 

10 (d) ADMINISTRATION.— 

11 (1) IN GENERAL.—The Secretary of Agriculture 

12 shall administer the scenic areas in accordance with 

13 this section and the laws and regulations generally 

14 applicable to the National Forest System. In the 

15 event of conflict between this section and other laws 

16 and regulations, this section shall take precedence. 

17 (2) CONSISTENT USE.—The Secretary shall 

18 only allow such uses of the scenic areas as the Sec19 retary finds will further the purposes for which the 

20 scenic areas are established. 

21 (e) MANAGEMENT PLAN.—Within two years after the 

22 date of the enactment of this Act, the Secretary of Agri23 culture shall develop a management plan for the scenic 

24 areas consistent with this section. The management plan 

25 shall be developed as an amendment to the land and remstockstill on PROD1PC66 with BILLS

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1 source management plan for the Jefferson National For2 est, except that nothing in this section requires the Sec3 retary to revise the land and resource management plan 

4 for the Jefferson National Forest pursuant to section 6 

5 of the Forest and Rangeland Renewable Resources Plan6 ning Act of 1974 (16 U.S.C. 1604). 

7 (f) ROADS.—After the date of the enactment of this 

8 Act, no roads shall be established or constructed within 

9 the scenic areas, except that this prohibition shall not be 

10 construed to deny access to private lands or interests 

11 therein in the scenic areas. 

12 (g) VEGETATION MANAGEMENT.—No timber harvest 

13 shall be allowed within the scenic areas, except as the Sec14 retary of Agriculture finds necessary in the control of fire, 

15 insects, and diseases and to provide for public safety and 

16 trail access. Notwithstanding the preceding sentence, the 

17 Secretary may engage in vegetation manipulation prac18 tices for maintenance of existing wildlife clearings and vis19 ual quality. Firewood may be harvested for personal use 

20 along perimeter roads under such conditions as the Sec21 retary may impose. 

22 (h) MOTORIZED TRAVEL.—Motorized travel shall not 

23 be permitted within the scenic areas, except that the Sec24 retary of Agriculture may authorize motorized travel with25 in the scenic areas— 

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1 (1) as necessary for administrative use in fur2 therance of the purposes of this section; 

3 (2) in support of wildlife management projects 

4 in existence as of the date of the enactment of this 

5 Act; and 

6 (3) on Forest Development Road 9410 and 84b 

7 during deer and bear hunting seasons. 

8 (i) FIRE.—Wildfires in the scenic area shall be sup9 pressed in a manner consistent with the purposes of this 

10 section, using such means as the Secretary of Agriculture 

11 considers appropriate. 

12 (j) INSECTS AND DISEASE.—Insect and disease out13 breaks may be controlled in the scenic areas to maintain 

14 scenic quality, prevent tree mortality, reduce hazards to 

15 visitors, or protect private lands. 

16 (k) WATER.—The Secretary of Agriculture shall ad17 minister the scenic areas so as to maintain and enhance 

18 water quality. 

19 (l) MINING WITHDRAWAL.—Subject to valid existing 

20 rights, all federally owned lands in the scenic areas are 

21 withdrawn from location, entry, and patent under the min22 ing laws of the United States and from leasing claims 

23 under the mineral and geothermal leasing laws of the 

24 United States, including amendments to such laws. 

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1 SEC. 5. TRAIL PLAN AND DEVELOPMENT. 

2 (a) TRAIL PLAN.—The Secretary of Agriculture shall 

3 establish a trail plan for National Forest System lands 

4 described in this subsection in order to develop the fol5 lowing: 

6 (1) Hiking and equestrian trails on the lands in 

7 the Jefferson National Forest designated as wilder8 ness by the amendments made by section 2(a), in a 

9 manner consistent with the Wilderness Act (16 

10 U.S.C. 1131 et seq.). 

11 (2) Nonmotorized recreation trails within the 

12 Seng Mountain and Bear Creek Scenic Areas des13 ignated by section 4. 

14 (b) CONSULTATION.—The Secretary of Agriculture 

15 shall establish the trail plan in consultation with interested 

16 parties. 

17 (c) IMPLEMENTATION REPORT.—Not later than two 

18 years after the date of the enactment of this Act, the Sec19 retary of Agriculture shall submit to Congress a report 

20 on the implementation of the trail plan, including the iden21 tification of priority trails for development. 

22 (d) TRAIL REQUIRED.—The Secretary of Agriculture 

23 shall develop a sustainable trail, using a contour curvi24 linear alignment, to provide a continuous connection for 

25 non-motorized travel between County Route 650 and For26 est Development Road 4018 in Smyth County, Virginia. 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Virginia Ridge and Val3 ley Act of 2008’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) SCENIC AREAS.—The term ‘‘scenic areas’’ 

7 means the Seng Mountain National Scenic Area and 

8 the Bear Creek National Scenic Area. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture. 

11 SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

12 SYSTEM LAND IN JEFFERSON NATIONAL FOR13 EST, VIRGINIA, AS WILDERNESS OR A WILDER14 NESS STUDY AREA. 

15 (a) DESIGNATION OF WILDERNESS.—Section 1 of Pub16 lic Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 

17 Stat. 2057), is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘System—’’ and inserting ‘‘System:’’; 

20 (2) by striking ‘‘certain’’ each place it appears 

21 and inserting ‘‘Certain’’; 

22 (3) in each of paragraphs (1) through (6), by 

23 striking the semicolon at the end and inserting a pe24 riod; 

25 (4) in paragraph (7), by striking ‘‘; and’’ and 

26 inserting a period; and 

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1 (5) by adding at the end the following: 

2 ‘‘(9) Certain land in the Jefferson National For3 est comprising approximately 3,743 acres, as gen4 erally depicted on the map entitled ‘Brush Mountain 

5 and Brush Mountain East’ and dated May 5, 2008, 

6 which shall be known as the ‘Brush Mountain East 

7 Wilderness’. 

8 ‘‘(10) Certain land in the Jefferson National 

9 Forest comprising approximately 4,794 acres, as gen10 erally depicted on the map entitled ‘Brush Mountain 

11 and Brush Mountain East’ and dated May 5, 2008, 

12 which shall be known as the ‘Brush Mountain Wilder13 ness’. 

14 ‘‘(11) Certain land in the Jefferson National 

15 Forest comprising approximately 4,223 acres, as gen16 erally depicted on the map entitled ‘Seng Mountain 

17 and Raccoon Branch’ and dated April 28, 2008, 

18 which shall be known as the ‘Raccoon Branch Wilder19 ness’. 

20 ‘‘(12) Certain land in the Jefferson National 

21 Forest comprising approximately 3,270 acres, as gen22 erally depicted on the map entitled ‘Stone Mountain’ 

23 and dated April 28, 2008, which shall be known as 

24 the ‘Stone Mountain Wilderness’. 

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1 ‘‘(13) Certain land in the Jefferson National 

2 Forest comprising approximately 8,470 acres, as gen3 erally depicted on the map entitled ‘Garden Mountain 

4 and Hunting Camp Creek’ and dated April 28, 2008, 

5 which shall be known as the ‘Hunting Camp Creek 

6 Wilderness’. 

7 ‘‘(14) Certain land in the Jefferson National 

8 Forest comprising approximately 3,291 acres, as gen9 erally depicted on the map entitled ‘Garden Mountain 

10 and Hunting Camp Creek’ and dated April 28, 2008, 

11 which shall be known as the ‘Garden Mountain Wil12 derness’. 

13 ‘‘(15) Certain land in the Jefferson National 

14 Forest comprising approximately 5,476 acres, as gen15 erally depicted on the map entitled ‘Mountain Lake 

16 Additions’ and dated April 28, 2008, which is incor17 porated in the Mountain Lake Wilderness designated 

18 by section 2(6) of the Virginia Wilderness Act of 1984 

19 (16 U.S.C. 1132 note; Public Law 98–586). 

20 ‘‘(16) Certain land in the Jefferson National 

21 Forest comprising approximately 308 acres, as gen22 erally depicted on the map entitled ‘Lewis Fork Addi23 tion and Little Wilson Creek Additions’ and dated 

24 April 28, 2008, which is incorporated in the Lewis 

25 Fork Wilderness designated by section 2(3) of the Virmstockstill on PROD1PC66 with BILLS

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1 ginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 

2 Public Law 98–586). 

3 ‘‘(17) Certain land in the Jefferson National 

4 Forest comprising approximately 1,845 acres, as gen5 erally depicted on the map entitled ‘Lewis Fork Addi6 tion and Little Wilson Creek Additions’ and dated 

7 April 28, 2008, which is incorporated in the Little 

8 Wilson Creek Wilderness designated by section 2(5) of 

9 the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 

10 note; Public Law 98–586). 

11 ‘‘(18) Certain land in the Jefferson National 

12 Forest comprising approximately 2,219 acres, as gen13 erally depicted on the map entitled ‘Shawvers Run 

14 Additions’ and dated April 28, 2008, which is incor15 porated in the Shawvers Run Wilderness designated 

16 by paragraph (4). 

17 ‘‘(19) Certain land in the Jefferson National 

18 Forest comprising approximately 1,203 acres, as gen19 erally depicted on the map entitled ‘Peters Mountain 

20 Addition’ and dated April 28, 2008, which is incor21 porated in the Peters Mountain Wilderness designated 

22 by section 2(7) of the Virginia Wilderness Act of 1984 

23 (16 U.S.C. 1132 note; Public Law 98–586). 

24 ‘‘(20) Certain land in the Jefferson National 

25 Forest comprising approximately 263 acres, as genmstockstill on PROD1PC66 with BILLS

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1 erally depicted on the map entitled ‘Kimberling Creek 

2 Additions and Potential Wilderness Area’ and dated 

3 April 28, 2008, which is incorporated in the 

4 Kimberling Creek Wilderness designated by section 

5 2(2) of the Virginia Wilderness Act of 1984 (16 

6 U.S.C. 1132 note; Public Law 98–586).’’. 

7 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

8 Section 6(a) of the Virginia Wilderness Act of 1984 (16 

9 U.S.C. 1132 note; Public Law 98–586) is amended— 

10 (1) by striking ‘‘certain’’ each place it appears 

11 and inserting ‘‘Certain’’; 

12 (2) in each of paragraphs (1) and (2), by strik13 ing the semicolon at the end and inserting a period; 

14 (3) in paragraph (3), by striking ‘‘; and’’ and 

15 inserting a period; and 

16 (4) by adding at the end the following: 

17 ‘‘(5) Certain land in the Jefferson National For18 est comprising approximately 3,226 acres, as gen19 erally depicted on the map entitled ‘Lynn Camp 

20 Creek Wilderness Study Area’ and dated April 28, 

21 2008, which shall be known as the ‘Lynn Camp Creek 

22 Wilderness Study Area’.’’. 

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1 SEC. 4. DESIGNATION OF KIMBERLING CREEK POTENTIAL 

2 WILDERNESS AREA, JEFFERSON NATIONAL 

3 FOREST, VIRGINIA. 

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

5 the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 

6 in the Jefferson National Forest comprising approximately 

7 349 acres, as generally depicted on the map entitled 

8 ‘‘Kimberling Creek Additions and Potential Wilderness 

9 Area’’ and dated April 28, 2008, is designated as a poten10 tial wilderness area for incorporation in the Kimberling 

11 Creek Wilderness designated by section 2(2) of the Virginia 

12 Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 

13 98–586). 

14 (b) MANAGEMENT.—Except as provided in subsection 

15 (c) and subject to valid existing rights, the Secretary shall 

16 manage the potential wilderness area in accordance with 

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

18 (c) ECOLOGICAL RESTORATION.— 

19 (1) IN GENERAL.—For purposes of ecological res20 toration (including the elimination of nonnative spe21 cies, removal of illegal, unused, or decommissioned 

22 roads, and any other activity necessary to restore the 

23 natural ecosystems in the potential wilderness area), 

24 the Secretary may use motorized equipment and 

25 mechanized transport in the potential wilderness area 

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1 until the date on which the potential wilderness area 

2 is incorporated into the Kimberling Creek Wilderness. 

3 (2) LIMITATION.—To the maximum extent prac4 ticable, the Secretary shall use the minimum tool or 

5 administrative practice necessary to accomplish eco6 logical restoration with the least amount of adverse 

7 impact on wilderness character and resources. 

8 (d) WILDERNESS DESIGNATION.—The potential wil9 derness area shall be designated as wilderness and incor10 porated in the Kimberling Creek Wilderness on the earlier 

11 of— 

12 (1) the date on which the Secretary publishes in 

13 the Federal Register notice that the conditions in the 

14 potential wilderness area that are incompatible with 

15 the Wilderness Act (16 U.S.C. 1131 et seq.) have been 

16 removed; or 

17 (2) the date that is 5 years after the date of en18 actment of this Act. 

19 SEC. 5. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, 

20 JEFFERSON NATIONAL FOREST, VIRGINIA. 

21 (a) ESTABLISHMENT.—There are designated as Na22 tional Scenic Areas— 

23 (1) certain National Forest System land in the 

24 Jefferson National Forest, comprising approximately 

25 5,192 acres, as generally depicted on the map entitled 

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1 ‘‘Seng Mountain and Raccoon Branch’’ and dated 

2 April 28, 2008, which shall be known as the ‘‘Seng 

3 Mountain National Scenic Area’’; and 

4 (2) certain National Forest System land in the 

5 Jefferson National Forest, comprising approximately 

6 5,128 acres, as generally depicted on the map entitled 

7 ‘‘Bear Creek’’ and dated April 28, 2008, which shall 

8 be known as the ‘‘Bear Creek National Scenic Area’’. 

9 (b) PURPOSES.—The purposes of the scenic areas 

10 are— 

11 (1) to ensure the protection and preservation of 

12 scenic quality, water quality, natural characteristics, 

13 and water resources of the scenic areas; 

14 (2) consistent with paragraph (1), to protect 

15 wildlife and fish habitat in the scenic areas; 

16 (3) to protect areas in the scenic areas that may 

17 develop characteristics of old-growth forests; and 

18 (4) consistent with paragraphs (1), (2), and (3), 

19 to provide a variety of recreation opportunities in the 

20 scenic areas. 

21 (c) ADMINISTRATION.— 

22 (1) IN GENERAL.—The Secretary shall admin23 ister the scenic areas in accordance with— 

24 (A) this Act; and 

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1 (B) the laws (including regulations) gen2 erally applicable to the National Forest System. 

3 (2) AUTHORIZED USES.—The Secretary shall 

4 only allow uses of the scenic areas that the Secretary 

5 determines will further the purposes of the scenic 

6 areas, as described in subsection (b). 

7 (d) MANAGEMENT PLAN.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary shall 

10 develop as an amendment to the land and resource 

11 management plan for the Jefferson National Forest a 

12 management plan for the scenic areas. 

13 (2) EFFECT.—Nothing in this subsection requires 

14 the Secretary to revise the land and resource manage15 ment plan for the Jefferson National Forest under sec16 tion 6 of the Forest and Rangeland Renewable Re17 sources Planning Act of 1974 (16 U.S.C. 1604). 

18 (e) ROADS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), after the date of enactment of this Act, no 

21 roads shall be established or constructed within the 

22 scenic areas. 

23 (2) LIMITATION.—Nothing in this subsection de24 nies any owner of private land (or an interest in primstockstill on PROD1PC66 with BILLS

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1 vate land) that is located in a scenic area the right 

2 to access the private land. 

3 (f) TIMBER HARVEST.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) and (3), no harvesting of timber shall be 

6 allowed within the scenic areas. 

7 (2) EXCEPTIONS.—The Secretary may authorize 

8 harvesting of timber in the scenic areas if the Sec9 retary determines that the harvesting is necessary 

10 to— 

11 (A) control fire; 

12 (B) provide for public safety or trail access; 

13 or 

14 (C) control insect and disease outbreaks. 

15 (3) FIREWOOD FOR PERSONAL USE.—Firewood 

16 may be harvested for personal use along perimeter 

17 roads in the scenic areas, subject to any conditions 

18 that the Secretary may impose. 

19 (g) INSECT AND DISEASE OUTBREAKS.—The Sec20 retary may control insect and disease outbreaks— 

21 (1) to maintain scenic quality; 

22 (2) to prevent tree mortality; 

23 (3) to reduce hazards to visitors; or 

24 (4) to protect private land. 

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1 (h) VEGETATION MANAGEMENT.—The Secretary may 

2 engage in vegetation manipulation practices in the scenic 

3 areas to maintain the visual quality and wildlife clearings 

4 in existence on the date of enactment of this Act. 

5 (i) MOTORIZED VEHICLES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), motorized vehicles shall not be allowed 

8 within the scenic areas. 

9 (2) EXCEPTIONS.—The Secretary may authorize 

10 the use of motorized vehicles— 

11 (A) to carry out administrative activities 

12 that further the purposes of the scenic areas, as 

13 described in subsection (b); 

14 (B) to assist wildlife management projects 

15 in existence on the date of enactment of this Act; 

16 and 

17 (C) during deer and bear hunting seasons— 

18 (i) on Forest Development Roads 

19 49410 and 84b; and 

20 (ii) on the portion of Forest Develop21 ment Road 6261 designated on the map de22 scribed in subsection (a)(2) as ‘‘open season23 ally’’. 

24 (j) WILDFIRE SUPPRESSION.—Wildfire suppression 

25 within the scenic areas shall be conducted— 

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1 (1) in a manner consistent with the purposes of 

2 the scenic areas, as described in subsection (b); and 

3 (2) using such means as the Secretary deter4 mines to be appropriate. 

5 (k) WATER.—The Secretary shall administer the scenic 

6 areas in a manner that maintains and enhances water 

7 quality. 

8 (l) WITHDRAWAL.—Subject to valid existing rights, all 

9 Federal land in the scenic areas is withdrawn from— 

10 (1) location, entry, and patent under the mining 

11 laws; and 

12 (2) operation of the mineral leasing and geo13 thermal leasing laws. 

14 SEC. 6. TRAIL PLAN AND DEVELOPMENT. 

15 (a) TRAIL PLAN.—The Secretary, in consultation with 

16 interested parties, shall establish a trail plan to develop— 

17 (1) in a manner consistent with the Wilderness 

18 Act (16 U.S.C. 1131 et seq.), hiking and equestrian 

19 trails in the wilderness areas designated by para20 graphs (9) through (20) of section 1 of Public Law 

21 100–326 (16 U.S.C. 1132 note) (as added by section 

22 3(a)(5)); and 

23 (2) nonmotorized recreation trails in the scenic 

24 areas. 

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1 (b) IMPLEMENTATION REPORT.—Not later than 2 

2 years after the date of enactment of this Act, the Secretary 

3 shall submit to Congress a report that describes the imple4 mentation of the trail plan, including the identification of 

5 priority trails for development. 

6 (c) SUSTAINABLE TRAIL REQUIRED.—The Secretary 

7 shall develop a sustainable trail, using a contour curvi8 linear alignment, to provide for nonmotorized travel along 

9 the southern boundary of the Raccoon Branch Wilderness 

10 established by section 1(11) of Public Law 100–326 (16 

11 U.S.C. 1132 note) (as added by section 3(a)(5)) connecting 

12 to Forest Development Road 49352 in Smyth County, Vir13 ginia. 

14 SEC. 7. MAPS AND BOUNDARY DESCRIPTIONS. 

15 (a) IN GENERAL.—As soon as practicable after the 

16 date of enactment of this Act, the Secretary shall file with 

17 the Committee on Energy and Natural Resources of the Sen18 ate and the Committee on Natural Resources and the Com19 mittee on Agriculture of the House of Representatives maps 

20 and boundary descriptions of— 

21 (1) the scenic areas; 

22 (2) the wilderness areas designated by para23 graphs (9) through (20) of section 1 of Public Law 

24 100–326 (16 U.S.C. 1132 note) (as added by section 

25 3(a)(5)); 

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1 (3) the wilderness study area designated by sec2 tion 6(a)(5) of the Virginia Wilderness Act of 1984 

3 (16 U.S.C. 1132 note; Public Law 98–586) (as added 

4 by section 3(b)(4)); and 

5 (4) the potential wilderness area designated by 

6 section 4(a). 

7 (b) FORCE AND EFFECT.—The maps and boundary de8 scriptions filed under subsection (a) shall have the same 

9 force and effect as if included in this Act, except that the 

10 Secretary may correct any minor errors in the maps and 

11 boundary descriptions. 

12 (c) AVAILABILITY OF MAP AND BOUNDARY DESCRIP13 TION.—The maps and boundary descriptions filed under 

14 subsection (a) shall be on file and available for public in15 spection in the Office of the Chief of the Forest Service. 

16 (d) CONFLICT.—In the case of a conflict between a 

17 map filed under subsection (a) and the acreage of the appli18 cable areas specified in this Act, the map shall control. 

19 SEC. 8. EFFECTIVE DATE. 

20 Any reference in the Wilderness Act (16 U.S.C. 1131 

21 et seq.) to the effective date of that Act shall be considered 

22 to be a reference to the date of enactment of this Act for 

23 purposes of administering— 

24 (1) the wilderness areas designated by para25 graphs (9) through (20) of section 1 of Public Law 

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1 100–326 (16 U.S.C. 1132 note) (as added by section 

2 3(a)(5)); and 

3 (2) the potential wilderness area designated by 

4 section 4(a). 

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Calendar No. 781 

110TH CONGRESS 

2D SESSION S. 570 

[Report No. 110

–349] 

A BILL 

To designate additional National Forest System 

and scenic areas, and for other purposes. velopment of trail plans for the wilderness areas Bear Creek Scenic Areas, to provide for the deWilderness, to establish the Seng Mountain and eventual incorporation in the Kimberling Creek Kimberling Creek Potential Wilderness Area for wilderness study area, to designate the lands in the State of Virginia as wilderness or a 

JUNE 16, 2008 

Reported with an amendment 

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