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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3911 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shenandoah Mountain Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National scenic area.--
                    (A) In general.--The term ``National Scenic Area'' 
                means the Shenandoah Mountain National Scenic Area 
                established by section 3(a).
                    (B) Inclusions.--The term ``National Scenic Area'' 
                includes--
                            (i) any National Forest System land within 
                        the boundary of the National Scenic Area that 
                        is administered as part of the National Scenic 
                        Area; and
                            (ii) any National Forest System land 
                        embedded in the National Scenic Area that is 
                        administered as a component of the National 
                        Wilderness Preservation System under the 
                        amendments made by section 4.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (3) State.--The term ``State'' means the State of Virginia.
            (4) Wilderness area.--The term ``Wilderness Area'' means a 
        wilderness area designated by paragraphs (21) through (25) of 
        section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 
        584; 114 Stat. 2057; 123 Stat. 1002) (as added by section 4).

SEC. 3. ESTABLISHMENT OF THE SHENANDOAH MOUNTAIN NATIONAL SCENIC AREA.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Shenandoah Mountain National Scenic Area, consisting of 
approximately 92,449 acres of National Forest System land in the George 
Washington National Forest, as generally depicted on the map filed 
under section 5(a)(1).
    (b) Purposes.--The purposes of the National Scenic Area are--
            (1) to ensure the protection and preservation of the scenic 
        quality, water quality, natural characteristics, and water 
        resources of the National Scenic Area;
            (2) to protect wildlife, fish, and plant habitat in the 
        National Scenic Area;
            (3) to protect outstanding natural biological values and 
        habitat for plant and animal species along the Shenandoah 
        Mountain crest above 3,000 feet elevation, including the Cow 
        Knob salamander;
            (4) to protect forests in the National Scenic Area that may 
        develop characteristics of old-growth forests;
            (5) to protect the Wilderness Areas; and
            (6) to provide for a variety of, and improve existing, 
        recreation opportunities in the National Scenic Area in a 
        manner consistent with the purposes of the National Scenic Area 
        described in paragraphs (1) through (5).
    (c) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall administer the National Scenic Area in 
        accordance with--
                    (A) this section; and
                    (B) the laws (including regulations) generally 
                applicable to the National Forest System.
            (2) Exception.--Subject to valid existing rights, the 
        Secretary shall administer the Wilderness Areas in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.) and any other 
        laws applicable to the Wilderness Areas, except that any 
        reference in that Act to the effective date of that Act shall 
        be considered to be a reference to the date of enactment of 
        this Act for purposes of administering the Wilderness Areas.
            (3) Effect; conflicts.--
                    (A) Effect.--The establishment of the National 
                Scenic Area shall not affect the administration of the 
                Wilderness Areas.
                    (B) Conflicts.--In the case of any conflict between 
                the laws applicable to the Wilderness Areas, the 
                Wilderness Act (16 U.S.C. 1131 et seq.) shall control.
            (4) No buffer zones.--
                    (A) In general.--Nothing in this section creates a 
                protective perimeter or buffer zone around the National 
                Scenic Area or a Wilderness Area.
                    (B) Activities outside national scenic area or 
                wilderness areas.--The fact that an activity or use on 
                land outside the National Scenic Area or a Wilderness 
                Area can be seen or heard within the National Scenic 
                Area or Wilderness Area shall not preclude the activity 
                or use outside the boundaries of the National Scenic 
                Area or Wilderness Area.
    (d) Recreational Uses.--
            (1) In general.--Except as otherwise provided in this 
        section or under applicable law, the Secretary shall authorize 
        the continuation of, or seek to improve, authorized 
        recreational uses of the National Scenic Area in existence on 
        the date of enactment of this Act.
            (2) Effect.--Nothing in this section interferes with the 
        authority of the Secretary--
                    (A) to maintain or improve nonmotorized trails and 
                recreation sites within the National Scenic Area;
                    (B) to construct new nonmotorized trails and 
                recreation sites within the National Scenic Area;
                    (C) to adjust recreational uses within the National 
                Scenic Area for reasons of sound resource management or 
                public safety; and
                    (D) to approve and issue or deny special use 
                permits in connection with recreation within the 
                National Scenic Area.
            (3) Requirement.--Recreation within the National Scenic 
        Area shall be conducted in a manner consistent with the 
        purposes of the National Scenic Area described in subsection 
        (b).
    (e) Trail Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop a trail plan 
        for National Forest System land in the National Scenic Area 
        that is not a Wilderness Area, in order to maintain, improve, 
        and develop nonmotorized recreation trails on the National 
        Forest System land in a manner consistent with the purposes of 
        the National Scenic Area described in subsection (b).
            (2) Potential inclusion.--The Secretary may address in the 
        trail plan developed under paragraph (1) National Forest System 
        land that is near, but not within the boundary of, the National 
        Scenic Area.
            (3) Consultation.--In developing the trail plan under 
        paragraph (1), the Secretary shall consult with interested 
        parties, including members of the public.
            (4) Requirements.--The trail plan developed under paragraph 
        (1) shall--
                    (A) promote sustainable trail management that 
                protects natural resources and provides diverse, high-
                quality, and safe recreation opportunities, which may 
                include loop trails for all nonmotorized uses;
                    (B) consider natural resource protection, trail 
                sustainability, and trail maintenance needs as primary 
                factors in determining the location or relocation of 
                trails; and
                    (C) develop a trail outside of the Little River 
                Wilderness Area in the area of the Tillman Road 
                corridor (along Forest System road 101) to connect the 
                Wolf Ridge Trail parking area to the Wild Oak National 
                Recreation Trail, as generally depicted on the 
                applicable map filed under section 5(a)(2).
            (5) Implementation report.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall submit 
        to Congress a report that describes the implementation of the 
        trail plan developed under paragraph (1), including the 
        identification of the trail described in paragraph (4)(C) and 
        any other priority trails identified for development.
    (f) Roads.--
            (1) In general.--The establishment of the National Scenic 
        Area shall not--
                    (A) result in the closure of any National Forest 
                System roads, as generally depicted on the map filed 
                under section 5(a)(1); or
                    (B) modify public access within the National Scenic 
                Area.
            (2) No new roads.--No new roads shall be constructed in the 
        National Scenic Area after the date of enactment of this Act.
            (3) Effect.--Nothing in this section--
                    (A) denies any owner of private land or an interest 
                in private land that is located within the National 
                Scenic Area the right to access the private land;
                    (B) alters the authority of the Secretary to open 
                or close roads in the National Scenic Area in existence 
                on the date of enactment of this Act in furtherance of 
                the purposes of this Act; or
                    (C) alters the authority of the State--
                            (i) to maintain the access road to the 
                        crest of Shenandoah Mountain (Route 924); or
                            (ii) to realign the access road described 
                        in clause (i) if necessary for reasons of sound 
                        resource management or public safety.
            (4) Parking areas.--
                    (A) In general.--Subject to subparagraph (B), the 
                reconstruction, minor relocation, and construction of 
                parking areas in the National Scenic Area is authorized 
                in a manner consistent with the purposes of the 
                National Scenic Area described in subsection (b).
                    (B) Limitation.--Additional trailhead parking areas 
                authorized in the National Scenic Area under 
                subparagraph (A) may only be constructed along National 
                Forest System roads.
    (g) Motorized Vehicles.--Motorized travel shall only be allowed on 
roads within the portions of the National Scenic Area that are not 
Wilderness Areas, in a manner consistent with subsection (f).
    (h) Water.--The Secretary shall administer the National Scenic Area 
in a manner that maintains and enhances water quality.
    (i) Water Impoundments.--The establishment of the National Scenic 
Area shall not prohibit--
            (1) the operation, maintenance, or improvement of, or 
        access to, dams, reservoirs, or related infrastructure in 
        existence on the date of enactment of this Act, as generally 
        depicted on the map filed under section 5(a)(1); or
            (2) the establishment of new dams, reservoirs, or related 
        infrastructure if necessary for municipal use.
    (j) Timber Harvest.--
            (1) In general.--Except as provided in paragraph (2), no 
        harvesting of timber shall be allowed within the National 
        Scenic Area.
            (2) Exceptions.--
                    (A) Necessary harvesting.--The Secretary may 
                authorize harvesting of timber in the National Scenic 
                Area if the Secretary determines that the harvesting is 
                necessary--
                            (i) to control fire;
                            (ii) to provide for public safety or trail 
                        access;
                            (iii) to construct or maintain overlooks 
                        and vistas; or
                            (iv) to control insect or disease 
                        outbreaks.
                    (B) Firewood for personal use.--Firewood may be 
                harvested for personal use along roads within the 
                National Scenic Area, subject to any conditions that 
                the Secretary may require.
    (k) Insect and Disease Outbreaks.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may carry out activities necessary to control insect and 
        disease outbreaks in a manner consistent with the purposes of 
        the National Scenic Area described in subsection (b)--
                    (A) to maintain scenic quality;
                    (B) to reduce hazards to visitors; or
                    (C) to protect private land.
            (2) Limitations.--For purposes of activities carried out 
        under paragraph (1)--
                    (A) native forest insect and disease outbreaks 
                shall be controlled only--
                            (i) to prevent unacceptable damage to 
                        resources on adjacent land; or
                            (ii) to protect threatened, endangered, 
                        sensitive, or locally rare species, with 
                        biological control methods being favored; and
                    (B) nonnative insects and diseases may be 
                eradicated or suppressed only in order to prevent a 
                loss of a special biological community.
    (l) Vegetation Management.--The Secretary may engage in vegetation 
manipulation practices within the National Scenic Area in a manner 
consistent with the purposes of the National Scenic Area described in 
subsection (b)--
            (1) to maintain wildlife clearings and scenic enhancements 
        in existence on the date of enactment of this Act; or
            (2) to construct not more than 100 acres of additional 
        wildlife clearings by--
                    (A) expanding wildlife clearings in existence on 
                the date of enactment of this Act; or
                    (B) constructing new wildlife clearings of 
                approximately 2 to 5 acres.
    (m) Wildfire Suppression.--
            (1) In general.--Nothing in this section prohibits the 
        Secretary, in cooperation with other Federal, State, and local 
        agencies, as appropriate, from carrying out wildfire 
        suppression activities within the National Scenic Area.
            (2) Requirements.--Wildfire suppression activities within 
        the National Scenic Area shall be carried out--
                    (A) in a manner consistent with the purposes of the 
                National Scenic Area described in subsection (b); and
                    (B) using such means as the Secretary determines to 
                be appropriate.
    (n) Prescribed Fire.--Nothing in this section prohibits the 
Secretary from conducting prescribed burns within the National Scenic 
Area in a manner consistent with the purposes of the National Scenic 
Area described in subsection (b).
    (o) Withdrawal.--
            (1) In general.--Subject to valid existing rights, all 
        Federal land within the National Scenic Area is withdrawn 
        from--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws;
                    (C) operation of the mineral leasing and geothermal 
                leasing laws;
                    (D) wind energy development; and
                    (E) designation of new utility corridors, utility 
                rights-of-way, or communication sites.
            (2) Effect.--The withdrawal under paragraph (1) shall not 
        deny access to private interests within the National Scenic 
        Area.
    (p) Management Plan.--
            (1) In general.--As soon as practicable after the date of 
        the completion of the trail plan under subsection (e), but not 
        later than 2 years after the date of enactment of this Act, the 
        Secretary shall develop as an amendment to the land and 
        resource management plan for the George Washington National 
        Forest a management plan for the National Scenic Area that is 
        consistent with this section.
            (2) Effect.--Nothing in this subsection requires the 
        Secretary to revise the land and resource management plan for 
        the George Washington National Forest under section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).

SEC. 4. DESIGNATION OF WILDERNESS AREAS.

    Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 
584; 114 Stat. 2057; 123 Stat. 1002) is amended by adding at the end 
the following:
            ``(21) Skidmore fork wilderness.--Certain land in the 
        George Washington National Forest comprising approximately 
        5,079 acres, as generally depicted on the applicable map filed 
        under section 5(a)(2) of the Shenandoah Mountain Act of 2022, 
        which shall be known as the `Skidmore Fork Wilderness'.
            ``(22) Ramseys draft wilderness addition.--Certain land in 
        the George Washington National Forest comprising approximately 
        6,963 acres, as generally depicted on the applicable map filed 
        under section 5(a)(2) of the Shenandoah Mountain Act of 2022, 
        which shall be incorporated into the Ramseys Draft Wilderness 
        designated by Public Law 98-586 (16 U.S.C. 1132 note; 98 Stat. 
        3106).
            ``(23) Lynn hollow wilderness.--Certain land in the George 
        Washington National Forest comprising approximately 3,574 
        acres, as generally depicted on the applicable map filed under 
        section 5(a)(2) of the Shenandoah Mountain Act of 2022, which 
        shall be known as the `Lynn Hollow Wilderness'.
            ``(24) Little river wilderness.--Certain land in the George 
        Washington National Forest comprising approximately 12,461 
        acres, as generally depicted on the applicable map filed under 
        section 5(a)(2) of the Shenandoah Mountain Act of 2022, which 
        shall be known as the `Little River Wilderness'.
            ``(25) Beech lick knob wilderness.--Certain land in the 
        George Washington National Forest comprising approximately 
        5,764 acres, as generally depicted on the applicable map filed 
        under section 5(a)(2) of the Shenandoah Mountain Act of 2022, 
        which shall be known as the `Beech Lick Knob Wilderness'.''.

SEC. 5. MAPS AND BOUNDARY DESCRIPTIONS.

    (a) Filing.--As soon as practicable after the date of enactment of 
this Act, the Secretary shall file with the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Natural 
Resources and the Committee on Agriculture of the House of 
Representatives maps and boundary descriptions of--
            (1) the National Scenic Area; and
            (2) each of the Wilderness Areas.
    (b) Force and Effect.--The maps and boundary descriptions filed 
under subsection (a) shall have the same force and effect as if 
included in this Act, except that the Secretary may correct clerical 
and typographical errors in the maps and boundary descriptions.
    (c) Maps Control.--In the case of any discrepancy between the 
acreage of the National Scenic Area or a Wilderness Area and the 
applicable map filed under subsection (a), the applicable map filed 
under that subsection shall control.
    (d) Availability.--The maps and boundary descriptions filed under 
subsection (a) shall be on file and available for public inspection in 
the office of the Chief of the Forest Service.
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