II 

117TH CONGRESS 

2D SESSION S. 3911 

To establish the Shenandoah Mountain National Scenic Area in the State 

of Virginia, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2022 

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

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To establish the Shenandoah Mountain National Scenic Area 

in the State of Virginia, 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. 

4 This Act may be cited as the ‘‘Shenandoah Mountain 

5 Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) NATIONAL SCENIC AREA.— 

9 (A) IN GENERAL.—The term ‘‘National 

10 Scenic Area’’ means the Shenandoah Mountain 


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1 National Scenic Area established by section 

2 3(a). 

3 (B) INCLUSIONS.—The term ‘‘National 

4 Scenic Area’’ includes— 

5 (i) any National Forest System land 

6 within the boundary of the National Scenic 

7 Area that is administered as part of the 

8 National Scenic Area; and 

9 (ii) any National Forest System land 

10 embedded in the National Scenic Area that 

11 is administered as a component of the Na12 tional Wilderness Preservation System 

13 under the amendments made by section 4. 

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

15 the Secretary of Agriculture, acting through the 

16 Chief of the Forest Service. 

17 (3) STATE.—The term ‘‘State’’ means the State 

18 of Virginia. 

19 (4) WILDERNESS AREA.—The term ‘‘Wilderness 

20 Area’’ means a wilderness area designated by para21 graphs (21) through (25) of section 1 of Public Law 

22 100–326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 

23 Stat. 2057; 123 Stat. 1002) (as added by section 4). 


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1 SEC. 3. ESTABLISHMENT OF THE SHENANDOAH MOUNTAIN 

2 NATIONAL SCENIC AREA. 

3 (a) ESTABLISHMENT.—Subject to valid existing 

4 rights, there is established the Shenandoah Mountain Na5 tional Scenic Area, consisting of approximately 92,449 

6 acres of National Forest System land in the George Wash7 ington National Forest, as generally depicted on the map 

8 filed under section 5(a)(1). 

9 (b) PURPOSES.—The purposes of the National Scenic 

10 Area are— 

11 (1) to ensure the protection and preservation of 

12 the scenic quality, water quality, natural characteris13 tics, and water resources of the National Scenic 

14 Area; 

15 (2) to protect wildlife, fish, and plant habitat in 

16 the National Scenic Area; 

17 (3) to protect outstanding natural biological 

18 values and habitat for plant and animal species 

19 along the Shenandoah Mountain crest above 3,000 

20 feet elevation, including the Cow Knob salamander; 

21 (4) to protect forests in the National Scenic 

22 Area that may develop characteristics of old-growth 

23 forests; 

24 (5) to protect the Wilderness Areas; and 

25 (6) to provide for a variety of, and improve ex26 isting, recreation opportunities in the National SceVerDate Sep 11 2014 03:34 Mar 24, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911

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1 nic Area in a manner consistent with the purposes 

2 of the National Scenic Area described in paragraphs 

3 (1) through (5). 

4 (c) ADMINISTRATION.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall administer the Na7 tional Scenic Area in accordance with— 

8 (A) this section; and 

9 (B) the laws (including regulations) gen10 erally applicable to the National Forest System. 

11 (2) EXCEPTION.—Subject to valid existing 

12 rights, the Secretary shall administer the Wilderness 

13 Areas in accordance with the Wilderness Act (16 

14 U.S.C. 1131 et seq.) and any other laws applicable 

15 to the Wilderness Areas, except that any reference 

16 in that Act to the effective date of that Act shall be 

17 considered to be a reference to the date of enact18 ment of this Act for purposes of administering the 

19 Wilderness Areas. 

20 (3) EFFECT; CONFLICTS.— 

21 (A) EFFECT.—The establishment of the 

22 National Scenic Area shall not affect the ad23 ministration of the Wilderness Areas. 

24 (B) CONFLICTS.—In the case of any con25 flict between the laws applicable to the WilderVerDate Sep 11 2014 03:34 Mar 24, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3911.IS S3911

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1 ness Areas, the Wilderness Act (16 U.S.C. 

2 1131 et seq.) shall control. 

3 (4) NO BUFFER ZONES.— 

4 (A) IN GENERAL.—Nothing in this section 

5 creates a protective perimeter or buffer zone 

6 around the National Scenic Area or a Wilder7 ness Area. 

8 (B) ACTIVITIES OUTSIDE NATIONAL SCE9 NIC AREA OR WILDERNESS AREAS.—The fact 

10 that an activity or use on land outside the Na11 tional Scenic Area or a Wilderness Area can be 

12 seen or heard within the National Scenic Area 

13 or Wilderness Area shall not preclude the activ14 ity or use outside the boundaries of the Na15 tional Scenic Area or Wilderness Area. 

16 (d) RECREATIONAL USES.— 

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this section or under applicable law, the 

19 Secretary shall authorize the continuation of, or seek 

20 to improve, authorized recreational uses of the Na21 tional Scenic Area in existence on the date of enact22 ment of this Act. 

23 (2) EFFECT.—Nothing in this section interferes 

24 with the authority of the Secretary— 


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1 (A) to maintain or improve nonmotorized 

2 trails and recreation sites within the National 

3 Scenic Area; 

4 (B) to construct new nonmotorized trails 

5 and recreation sites within the National Scenic 

6 Area; 

7 (C) to adjust recreational uses within the 

8 National Scenic Area for reasons of sound re9 source management or public safety; and 

10 (D) to approve and issue or deny special 

11 use permits in connection with recreation within 

12 the National Scenic Area. 

13 (3) REQUIREMENT.—Recreation within the Na14 tional Scenic Area shall be conducted in a manner 

15 consistent with the purposes of the National Scenic 

16 Area described in subsection (b). 

17 (e) TRAIL PLAN.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall develop a trail plan for National Forest System 

21 land in the National Scenic Area that is not a Wil22 derness Area, in order to maintain, improve, and de23 velop nonmotorized recreation trails on the National 

24 Forest System land in a manner consistent with the 


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1 purposes of the National Scenic Area described in 

2 subsection (b). 

3 (2) POTENTIAL INCLUSION.—The Secretary 

4 may address in the trail plan developed under para5 graph (1) National Forest System land that is near, 

6 but not within the boundary of, the National Scenic 

7 Area. 

8 (3) CONSULTATION.—In developing the trail 

9 plan under paragraph (1), the Secretary shall con10 sult with interested parties, including members of 

11 the public. 

12 (4) REQUIREMENTS.—The trail plan developed 

13 under paragraph (1) shall— 

14 (A) promote sustainable trail management 

15 that protects natural resources and provides di16 verse, high-quality, and safe recreation opportu17 nities, which may include loop trails for all non18 motorized uses; 

19 (B) consider natural resource protection, 

20 trail sustainability, and trail maintenance needs 

21 as primary factors in determining the location 

22 or relocation of trails; and 

23 (C) develop a trail outside of the Little 

24 River Wilderness Area in the area of the Till25 man Road corridor (along Forest System road 


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1 101) to connect the Wolf Ridge Trail parking 

2 area to the Wild Oak National Recreation Trail, 

3 as generally depicted on the applicable map 

4 filed under section 5(a)(2). 

5 (5) IMPLEMENTATION REPORT.—Not later than 

6 2 years after the date of enactment of this Act, the 

7 Secretary shall submit to Congress a report that de8 scribes the implementation of the trail plan devel9 oped under paragraph (1), including the identifica10 tion of the trail described in paragraph (4)(C) and 

11 any other priority trails identified for development. 

12 (f) ROADS.— 

13 (1) IN GENERAL.—The establishment of the 

14 National Scenic Area shall not— 

15 (A) result in the closure of any National 

16 Forest System roads, as generally depicted on 

17 the map filed under section 5(a)(1); or 

18 (B) modify public access within the Na19 tional Scenic Area. 

20 (2) NO NEW ROADS.—No new roads shall be 

21 constructed in the National Scenic Area after the 

22 date of enactment of this Act. 

23 (3) EFFECT.—Nothing in this section— 

24 (A) denies any owner of private land or an 

25 interest in private land that is located within 


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1 the National Scenic Area the right to access the 

2 private land; 

3 (B) alters the authority of the Secretary to 

4 open or close roads in the National Scenic Area 

5 in existence on the date of enactment of this 

6 Act in furtherance of the purposes of this Act; 

7 or 

8 (C) alters the authority of the State— 

9 (i) to maintain the access road to the 

10 crest of Shenandoah Mountain (Route 

11 924); or 

12 (ii) to realign the access road de13 scribed in clause (i) if necessary for rea14 sons of sound resource management or 

15 public safety. 

16 (4) PARKING AREAS.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the reconstruction, minor relocation, 

19 and construction of parking areas in the Na20 tional Scenic Area is authorized in a manner 

21 consistent with the purposes of the National 

22 Scenic Area described in subsection (b). 

23 (B) LIMITATION.—Additional trailhead 

24 parking areas authorized in the National Scenic 


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1 Area under subparagraph (A) may only be con2 structed along National Forest System roads. 

3 (g) MOTORIZED VEHICLES.—Motorized travel shall 

4 only be allowed on roads within the portions of the Na5 tional Scenic Area that are not Wilderness Areas, in a 

6 manner consistent with subsection (f). 

7 (h) WATER.—The Secretary shall administer the Na8 tional Scenic Area in a manner that maintains and en9 hances water quality. 

10 (i) WATER IMPOUNDMENTS.—The establishment of 

11 the National Scenic Area shall not prohibit— 

12 (1) the operation, maintenance, or improvement 

13 of, or access to, dams, reservoirs, or related infra14 structure in existence on the date of enactment of 

15 this Act, as generally depicted on the map filed 

16 under section 5(a)(1); or 

17 (2) the establishment of new dams, reservoirs, 

18 or related infrastructure if necessary for municipal 

19 use. 

20 (j) TIMBER HARVEST.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), no harvesting of timber shall be allowed 

23 within the National Scenic Area. 

24 (2) EXCEPTIONS.— 


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1 (A) NECESSARY HARVESTING.—The Sec2 retary may authorize harvesting of timber in 

3 the National Scenic Area if the Secretary deter4 mines that the harvesting is necessary— 

5 (i) to control fire; 

6 (ii) to provide for public safety or trail 

7 access; 

8 (iii) to construct or maintain over9 looks and vistas; or 

10 (iv) to control insect or disease out11 breaks. 

12 (B) FIREWOOD FOR PERSONAL USE.— 

13 Firewood may be harvested for personal use 

14 along roads within the National Scenic Area, 

15 subject to any conditions that the Secretary 

16 may require. 

17 (k) INSECT AND DISEASE OUTBREAKS.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary may carry out activities necessary to 

20 control insect and disease outbreaks in a manner 

21 consistent with the purposes of the National Scenic 

22 Area described in subsection (b)— 

23 (A) to maintain scenic quality; 

24 (B) to reduce hazards to visitors; or 

25 (C) to protect private land. 


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1 (2) LIMITATIONS.—For purposes of activities 

2 carried out under paragraph (1)— 

3 (A) native forest insect and disease out4 breaks shall be controlled only— 

5 (i) to prevent unacceptable damage to 

6 resources on adjacent land; or 

7 (ii) to protect threatened, endangered, 

8 sensitive, or locally rare species, with bio9 logical control methods being favored; and 

10 (B) nonnative insects and diseases may be 

11 eradicated or suppressed only in order to pre12 vent a loss of a special biological community. 

13 (l) VEGETATION MANAGEMENT.—The Secretary may 

14 engage in vegetation manipulation practices within the 

15 National Scenic Area in a manner consistent with the pur16 poses of the National Scenic Area described in subsection 

17 (b)— 

18 (1) to maintain wildlife clearings and scenic en19 hancements in existence on the date of enactment of 

20 this Act; or 

21 (2) to construct not more than 100 acres of ad22 ditional wildlife clearings by— 

23 (A) expanding wildlife clearings in exist24 ence on the date of enactment of this Act; or 


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1 (B) constructing new wildlife clearings of 

2 approximately 2 to 5 acres. 

3 (m) WILDFIRE SUPPRESSION.— 

4 (1) IN GENERAL.—Nothing in this section pro5 hibits the Secretary, in cooperation with other Fed6 eral, State, and local agencies, as appropriate, from 

7 carrying out wildfire suppression activities within the 

8 National Scenic Area. 

9 (2) REQUIREMENTS.—Wildfire suppression ac10 tivities within the National Scenic Area shall be car11 ried out— 

12 (A) in a manner consistent with the pur13 poses of the National Scenic Area described in 

14 subsection (b); and 

15 (B) using such means as the Secretary de16 termines to be appropriate. 

17 (n) PRESCRIBED FIRE.—Nothing in this section pro18 hibits the Secretary from conducting prescribed burns 

19 within the National Scenic Area in a manner consistent 

20 with the purposes of the National Scenic Area described 

21 in subsection (b). 

22 (o) WITHDRAWAL.— 

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

24 rights, all Federal land within the National Scenic 

25 Area is withdrawn from— 


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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

3 (B) location, entry, and patent under the 

4 mining laws; 

5 (C) operation of the mineral leasing and 

6 geothermal leasing laws; 

7 (D) wind energy development; and 

8 (E) designation of new utility corridors, 

9 utility rights-of-way, or communication sites. 

10 (2) EFFECT.—The withdrawal under paragraph 

11 (1) shall not deny access to private interests within 

12 the National Scenic Area. 

13 (p) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—As soon as practicable after 

15 the date of the completion of the trail plan under 

16 subsection (e), but not later than 2 years after the 

17 date of enactment of this Act, the Secretary shall 

18 develop as an amendment to the land and resource 

19 management plan for the George Washington Na20 tional Forest a management plan for the National 

21 Scenic Area that is consistent with this section. 

22 (2) EFFECT.—Nothing in this subsection re23 quires the Secretary to revise the land and resource 

24 management plan for the George Washington Na25 tional Forest under section 6 of the Forest and 


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1 Rangeland Renewable Resources Planning Act of 

2 1974 (16 U.S.C. 1604). 

3 SEC. 4. DESIGNATION OF WILDERNESS AREAS. 

4 Section 1 of Public Law 100–326 (16 U.S.C. 1132 

5 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is 

6 amended by adding at the end the following: 

7 ‘‘(21) SKIDMORE FORK WILDERNESS.—Certain 

8 land in the George Washington National Forest 

9 comprising approximately 5,079 acres, as generally 

10 depicted on the applicable map filed under section 

11 5(a)(2) of the Shenandoah Mountain Act of 2022, 

12 which shall be known as the ‘Skidmore Fork Wilder13 ness’. 

14 ‘‘(22) RAMSEYS DRAFT WILDERNESS ADDI15 TION.—Certain land in the George Washington Na16 tional Forest comprising approximately 6,963 acres, 

17 as generally depicted on the applicable map filed 

18 under section 5(a)(2) of the Shenandoah Mountain 

19 Act of 2022, which shall be incorporated into the 

20 Ramseys Draft Wilderness designated by Public Law 

21 98–586 (16 U.S.C. 1132 note; 98 Stat. 3106). 

22 ‘‘(23) LYNN HOLLOW WILDERNESS.—Certain 

23 land in the George Washington National Forest 

24 comprising approximately 3,574 acres, as generally 

25 depicted on the applicable map filed under section 


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1 5(a)(2) of the Shenandoah Mountain Act of 2022, 

2 which shall be known as the ‘Lynn Hollow Wilder3 ness’. 

4 ‘‘(24) LITTLE RIVER WILDERNESS.—Certain 

5 land in the George Washington National Forest 

6 comprising approximately 12,461 acres, as generally 

7 depicted on the applicable map filed under section 

8 5(a)(2) of the Shenandoah Mountain Act of 2022, 

9 which shall be known as the ‘Little River Wilder10 ness’. 

11 ‘‘(25) BEECH LICK KNOB WILDERNESS.—Cer12 tain land in the George Washington National Forest 

13 comprising approximately 5,764 acres, as generally 

14 depicted on the applicable map filed under section 

15 5(a)(2) of the Shenandoah Mountain Act of 2022, 

16 which shall be known as the ‘Beech Lick Knob Wil17 derness’.’’. 

18 SEC. 5. MAPS AND BOUNDARY DESCRIPTIONS. 

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

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

21 Committee on Agriculture, Nutrition, and Forestry of the 

22 Senate and the Committee on Natural Resources and the 

23 Committee on Agriculture of the House of Representatives 

24 maps and boundary descriptions of— 

25 (1) the National Scenic Area; and 


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1 (2) each of the Wilderness Areas. 

2 (b) FORCE AND EFFECT.—The maps and boundary 

3 descriptions filed under subsection (a) shall have the same 

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

5 Secretary may correct clerical and typographical errors in 

6 the maps and boundary descriptions. 

7 (c) MAPS CONTROL.—In the case of any discrepancy 

8 between the acreage of the National Scenic Area or a Wil9 derness Area and the applicable map filed under sub10 section (a), the applicable map filed under that subsection 

11 shall control. 

12 (d) AVAILABILITY.—The maps and boundary descrip13 tions filed under subsection (a) shall be on file and avail14 able for public inspection in the office of the Chief of the 

15 Forest Service. 

Æ 


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