II 

110TH CONGRESS 

1ST SESSION S. 570 

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 

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 

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, 

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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

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

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

5 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. 

6 SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

7 SYSTEM LANDS IN JEFFERSON NATIONAL 

8 FOREST, VIRGINIA, AS WILDERNESS OR A 

9 WILDERNESS STUDY AREA. 

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

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

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

13 2057), is further amended— 

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

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

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

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

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

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

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

21 (7) and inserting a period; and 

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

2 paragraphs: 

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

4 Forest, which comprise approximately 3,769 acres, 

5 as generally depicted on the map entitled ‘Brush 

6 Mountain and Brush Mountain East’ and dated 

7 February 2007, and which shall be known as the 

8 Brush Mountain East Wilderness. 

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

10 Forest, which comprise approximately 4,794 acres, 

11 as generally depicted on the map entitled ‘Brush 

12 Mountain and Brush Mountain East’ and dated 

13 February 2007, and which shall be known as the 

14 Brush Mountain Wilderness. 

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

16 Forest, which comprise approximately 4,223 acres, 

17 as generally depicted on the map entitled ‘Seng 

18 Mountain and Raccoon Branch’ and dated February 

19 2007, and which shall be known as the Raccoon 

20 Branch Wilderness. 

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

22 Forest, which comprise approximately 3,270 acres, 

23 as generally depicted on the map entitled ‘Stone 

24 Mountain’ and dated February 2007, and which 

25 shall be known as the Stone Mountain Wilderness. 

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

2 Forest, which comprise approximately 8,470 acres, 

3 as generally depicted on the map entitled ‘Hunting 

4 Camp Creek and Garden Mountain’ and dated Feb5 ruary 2007, and which shall be known as the Hunt6 ing Camp Creek Wilderness. 

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

8 Forest, which comprise approximately 3,291 acres, 

9 as generally depicted on the map entitled ‘Hunting 

10 Camp Creek and Garden Mountain’ and dated Feb11 ruary 2007, and which shall be known as the Gar12 den Mountain Wilderness. 

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

14 Forest, which comprise approximately 5,476 acres, 

15 as generally depicted on the map entitled ‘Mountain 

16 Lake Additions’ and dated February 2007, and 

17 which are hereby incorporated in the Mountain Lake 

18 Wilderness designated by section 2(6) of the Vir19 ginia Wilderness Act of 1984 (Public Law 98–586; 

20 98 Stat. 3105). 

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

22 Forest, which comprise approximately 308 acres, as 

23 generally depicted on the map entitled ‘Lewis Fork 

24 Addition and Little Wilson Creek Additions’ and 

25 dated February 2007, and which are hereby incormstockstill on PROD1PC66 with BILLS

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1 porated in the Lewis Fork Wilderness designated by 

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

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

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

5 Forest, which comprise approximately 1,845 acres, 

6 as generally depicted on the map entitled ‘Lewis 

7 Fork Addition and Little Wilson Creek Additions’ 

8 and dated February 2007, and which are hereby in9 corporated in the Little Wilson Creek Wilderness 

10 designated by section 2(5) of the Virginia Wilder11 ness Act of 1984 (Public Law 98–586; 98 Stat. 

12 3105). 

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

14 Forest, which comprise approximately 2,249 acres, 

15 as generally depicted on the map entitled ‘Shawvers 

16 Run Additions’ and dated February 2007, and 

17 which are hereby incorporated in the Shawvers Run 

18 Wilderness designated by paragraph (4). 

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

20 Forest, which comprise approximately 1,203 acres, 

21 as generally depicted on the map entitled ‘Peters 

22 Mountain Addition’ and dated February 2007, and 

23 which are hereby incorporated in the Peters Moun24 tain Wilderness designated by section 2(7) of the 

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1 Virginia Wilderness Act of 1984 (Public Law 98– 

2 586; 98 Stat. 3105). 

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

4 Forest, which comprise approximately 263 acres, as 

5 generally depicted on the map entitled ‘Kimberling 

6 Creek Additions and Potential Wilderness Area’ and 

7 dated February 2007, and which are hereby incor8 porated in the Kimberling Creek Wilderness des9 ignated by section 2(2) of the Virginia Wilderness 

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

11 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

12 Section 6(a) of the Virginia Wilderness Act of 1984 (Pub13 lic Law 98–586; 98 Stat. 3108) is amended— 

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

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

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

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

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

19 (3) and inserting a period; and 

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

21 paragraph: 

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

23 Forest, which comprise approximately 3,226 acres, 

24 as generally depicted on a map entitled ‘Lynn Camp 

25 Creek Wilderness Study Area’ and dated February 

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1 2007, and which shall be known as the Lynn Camp 

2 Creek Wilderness Study Area.’’. 

3 (c) MAPS AND LEGAL DESCRIPTIONS.— 

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

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

6 Agriculture shall file with the Committee on Agri7 culture, Nutrition, and Forestry of the Senate and 

8 the Committee on Natural Resources and the Com9 mittee on Agriculture of the House of Representa10 tives a map and legal description of each wilderness 

11 area designated or expanded by the amendments 

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

13 Creek Wilderness Study Area designated by the 

14 amendment made by subsection (b). 

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

16 descriptions referred to in paragraph (1) shall have 

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

18 except that the Secretary of Agriculture may correct 

19 clerical and typographical errors in the maps and de20 scriptions. In the case of any discrepancy between 

21 the acreage specified in the amendments made by 

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

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

24 (3) AVAILABILITY.—The maps and legal de25 scriptions referred to in paragraph (1) shall be on 

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1 file and available for public inspection in the Office 

2 of the Chief of the Forest Service. 

3 (d) ADMINISTRATION.— 

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

5 existing rights, the Secretary of Agriculture shall ad6 minister the lands in the Jefferson National Forest 

7 designated as a new wilderness area by the amend8 ments made by subsection (a) in accordance with 

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

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

11 reference in the Wilderness Act to the effective date 

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

13 date of the enactment of this Act. 

14 (2) EXPANDED WILDERNESS AREAS.—Subject 

15 to valid existing rights, the Secretary of Agriculture 

16 shall administer the lands in the Jefferson National 

17 Forest designated as wilderness and incorporated 

18 into an existing wilderness area by the amendments 

19 made by subsection (a) in accordance with this sec20 tion, the Wilderness Act (16 U.S.C. 1131 et seq.), 

21 and other laws applicable to that wilderness area, 

22 except that, with respect to such lands, any ref23 erence in the Wilderness Act to the effective date of 

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

25 date of the enactment of this Act. 

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1 SEC. 3. 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 lands 

6 in the Jefferson National Forest, which comprise approxi7 mately 349 acres, as generally depicted on the map enti8 tled ‘‘Kimberling Creek Additions and Potential Wilder9 ness Area’’ and dated February 2007, are designated as 

10 a potential wilderness area for eventual incorporation in 

11 the Kimberling Creek Wilderness designated by section 

12 2(2) of the Virginia Wilderness Act of 1984 (Public Law 

13 98–586; 98 Stat. 3105). 

14 (b) MAP AND LEGAL DESCRIPTIONS.— 

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

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

17 Agriculture shall file with the Committee on Agri18 culture, Nutrition, and Forestry of the Senate and 

19 the Committee on Natural Resources and the Com20 mittee on Agriculture of the House of Representa21 tives a map and legal description of potential wilder22 ness area. 

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

24 description referred to in paragraph (1) shall have 

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

26 except that the Secretary of Agriculture may correct 

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1 clerical and typographical errors in the map and de2 scription. In the case of any discrepancy between the 

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

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

5 (3) AVAILABILITY.—The map and legal descrip6 tion referred to in paragraph (1) shall be on file and 

7 available for public inspection in the Office of the 

8 Chief of the Forest Service. 

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

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

11 Agriculture shall manage the potential wilderness area as 

12 wilderness pending its incorporation in the Kimberling 

13 Creek Wilderness. 

14 (d) ECOLOGICAL RESTORATION.— 

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

16 restoration (including the elimination of non-native 

17 species, removal of illegal, unused, or decommis18 sioned roads, and any other activities necessary to 

19 restore the natural ecosystems in the potential wil20 derness area), the Secretary of Agriculture may use 

21 motorized equipment and mechanized transport in 

22 the potential wilderness area until its incorporation 

23 in the Kimberling Creek Wilderness. 

24 (2) LIMITATION.—To the maximum extent 

25 practicable, the Secretary shall use the minimum 

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1 tool or administrative practice necessary to accom2 plish ecological restoration with the least amount of 

3 adverse impact on wilderness character and re4 sources. 

5 (e) WILDERNESS DESIGNATION.—The potential wil6 derness area shall be designated as wilderness and incor7 porated in the Kimberling Creek Wilderness on the earlier 

8 of— 

9 (1) the date on which the Secretary of Agri10 culture publishes in the Federal Register notice that 

11 the conditions in the potential wilderness area that 

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

13 1131 et seq.) have been removed; or 

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

15 the enactment of this Act. 

16 (f) ADMINISTRATION.—Subject to valid existing 

17 rights, upon incorporation of the lands designated as wil18 derness under subsection (e) in the Kimberling Creek Wil19 derness, the Secretary of Agriculture shall administer the 

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

21 1131 et seq.) and other laws applicable to that wilderness 

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

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

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

25 are designated as wilderness under subsection (e). 

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1 SEC. 4. DESIGNATION OF SENG MOUNTAIN AND BEAR 

2 CREEK SCENIC AREAS, JEFFERSON NA3 TIONAL FOREST, VIRGINIA. 

4 (a) ESTABLISHMENT.—The following National For5 est System lands in the State of Virginia are hereby des6 ignated as National Scenic Areas (in this section referred 

7 to as the ‘‘scenic areas’’): 

8 (1) Certain lands in the Jefferson National 

9 Forest, which comprise approximately 6,455 acres, 

10 as generally depicted on the map entitled ‘‘Seng 

11 Mountain and Raccoon Branch’’ and dated February 

12 2007, and which shall be known as the Seng Moun13 tain National Scenic Area. 

14 (2) Certain lands in the Jefferson National 

15 Forest, which comprise approximately 5,128 acres, 

16 as generally depicted on the map entitled ‘‘Bear 

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

18 be known as the Bear Creek National Scenic Area. 

19 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

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

22 Agriculture shall file with the Committee on Agri23 culture, Nutrition, and Forestry of the Senate and 

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1 tives a map and legal description of each of the sce2 nic areas. 

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

4 descriptions 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 maps and de8 scriptions. In the case of any discrepancy between 

9 the acreage specified in subsection (a) and the cor10 responding map filed under paragraph (1), the map 

11 shall control. 

12 (3) AVAILABILITY.—The maps and legal de13 scriptions referred to in paragraph (1) shall be on 

14 file and available for public inspection in the Office 

15 of the Chief of the Forest Service. 

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

17 are established for the purposes of— 

18 (1) ensuring the protection and preservation of 

19 scenic quality, water quality, natural characteristics, 

20 and water resources; 

21 (2) protecting wildlife and fish habitat, con22 sistent with paragraph (1); 

23 (3) protecting areas that may develop charac24 teristics of old-growth forests; and 

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1 (4) providing a variety of recreation opportuni2 ties, consistent with the preceding paragraphs. 

3 (d) ADMINISTRATION.— 

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

5 shall administer the scenic areas in accordance with 

6 this section and the laws and regulations generally 

7 applicable to the National Forest System. In the 

8 event of conflict between this section and other laws 

9 and regulations, this section shall take precedence. 

10 (2) CONSISTENT USE.—The Secretary shall 

11 only allow such uses of the scenic areas as the Sec12 retary finds will further the purposes for which the 

13 scenic areas are established. 

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

15 date of the enactment of this Act, the Secretary of Agri16 culture shall develop a management plan for the scenic 

17 areas consistent with this section. The management plan 

18 shall be developed as an amendment to the land and re19 source management plan for the Jefferson National For20 est, except that nothing in this section requires the Sec21 retary to revise the land and resource management plan 

22 for the Jefferson National Forest pursuant to section 6 

23 of the Forest and Rangeland Renewable Resources Plan24 ning Act of 1974 (16 U.S.C. 1604). 

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

2 Act, no roads shall be established or constructed within 

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

4 construed to deny access to private lands or interests 

5 therein in the scenic areas. 

6 (g) VEGETATION MANAGEMENT.—No timber harvest 

7 shall be allowed within the scenic areas, except as the Sec8 retary of Agriculture finds necessary in the control of fire, 

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

10 trail access. Notwithstanding the preceding sentence, the 

11 Secretary may engage in vegetation manipulation prac12 tices for maintenance of existing wildlife clearings and vis13 ual quality. Firewood may be harvested for personal use 

14 along perimeter roads under such conditions as the Sec15 retary may impose. 

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

17 be permitted within the scenic areas, except that the Sec18 retary of Agriculture may authorize motorized travel with19 in the scenic areas— 

20 (1) as necessary for administrative use in fur21 therance of the purposes of this section; 

22 (2) in support of wildlife management projects 

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

24 Act; and 

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

2 during deer and bear hunting seasons. 

3 (i) FIRE.—Wildfires in the scenic area shall be sup4 pressed in a manner consistent with the purposes of this 

5 section, using such means as the Secretary of Agriculture 

6 considers appropriate. 

7 (j) INSECTS AND DISEASE.—Insect and disease out8 breaks may be controlled in the scenic areas to maintain 

9 scenic quality, prevent tree mortality, reduce hazards to 

10 visitors, or protect private lands. 

11 (k) WATER.—The Secretary of Agriculture shall ad12 minister the scenic areas so as to maintain and enhance 

13 water quality. 

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

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

16 withdrawn from location, entry, and patent under the min17 ing laws of the United States and from leasing claims 

18 under the mineral and geothermal leasing laws of the 

19 United States, including amendments to such laws. 

20 SEC. 5. TRAIL PLAN AND DEVELOPMENT. 

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

22 establish a trail plan for National Forest System lands 

23 described in this subsection in order to develop the fol24 lowing: 

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

2 the Jefferson National Forest designated as wilder3 ness by the amendments made by section 2(a), in a 

4 manner consistent with the Wilderness Act (16 

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

6 (2) Nonmotorized recreation trails within the 

7 Seng Mountain and Bear Creek Scenic Areas des8 ignated by section 4. 

9 (b) CONSULTATION.—The Secretary of Agriculture 

10 shall establish the trail plan in consultation with interested 

11 parties. 

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

13 years after the date of the enactment of this Act, the Sec14 retary of Agriculture shall submit to Congress a report 

15 on the implementation of the trail plan, including the iden16 tification of priority trails for development. 

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

18 shall develop a sustainable trail, using a contour curvi19 linear alignment, to provide a continuous connection for 

20 non-motorized travel between County Route 650 and For21 est Development Road 4018 in Smyth County, Virginia. 

Æ 

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