II 

109TH CONGRESS 

1ST SESSION S. 942 

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

as 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 

APRIL 28, 2005 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To designate additional National Forest System lands in 

the State of Virginia as 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Virginia Ridge and 

5 Valley Act of 2005’’. 
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1 SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST 

2 SYSTEM LANDS AS WILDERNESS IN VIRGINIA. 

3 Section 1 of the Act entitled ‘‘An Act to designate 

4 certain National Forest System lands in the States of Vir5 ginia and West Virginia as wilderness areas’’, approved 

6 June 7, 1988 (Public Law 100–326; 16 U.S.C. 1132 

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

8 2057), is further amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (7); 

11 (2) by striking the period at the end of para12 graph (8) and inserting a semicolon; and 

13 (3) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(9) certain lands in the Jefferson National 

16 Forest, which comprise approximately 3,769 acres, 

17 as generally depicted on a map entitled ‘Brush 

18 Mountain and Brush Mountain East’, dated March 

19 23, 2005, and which shall be known as the Brush 

20 Mountain East Wilderness; 

21 ‘‘(10) certain lands in the Jefferson National 

22 Forest, which comprise approximately 4,794 acres, 

23 as generally depicted on a map entitled ‘Brush 

24 Mountain and Brush Mountain East’, dated March 

25 23, 2005, and which shall be known as the Brush 

26 Mountain Wilderness; 
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1 ‘‘(11) certain lands in the Jefferson National 

2 Forest, which comprise approximately 4,223 acres, 

3 as generally depicted on a map entitled ‘Seng Moun4 tain and Raccoon Branch’, dated March 23, 2005, 

5 and which shall be known as the Raccoon Branch 

6 Wilderness; 

7 ‘‘(12) certain lands in the Jefferson National 

8 Forest, which comprise approximately 3,270 acres, 

9 as generally depicted on a map entitled ‘Stone 

10 Mountain’, dated March 23, 2005, and which shall 

11 be known as the Stone Mountain Wilderness; 

12 ‘‘(13) certain lands in the Jefferson National 

13 Forest, which comprise approximately 8,470 acres, 

14 as generally depicted on a map entitled ‘Hunting 

15 Camp Creek and Garden Mountain’, dated March 

16 23, 2005, and which shall be known as the Hunting 

17 Camp Creek Wilderness; 

18 ‘‘(14) certain lands in the Jefferson National 

19 Forest, which comprise approximately 3,291 acres, 

20 as generally depicted on a map entitled ‘Hunting 

21 Camp Creek and Garden Mountain’, dated March 

22 23, 2005, and which shall be known as the Garden 

23 Mountain Wilderness; 

24 ‘‘(15) certain lands in the Jefferson National 

25 Forest, which comprise approximately 3,226 acres, 
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1 as generally depicted on a map entitled ‘Lynn Camp 

2 Creek’, dated March 23, 2005, and which shall be 

3 known as the Lynn Camp Creek Wilderness; 

4 ‘‘(16) certain lands in the Jefferson National 

5 Forest, which comprise approximately 5,476 acres, 

6 as generally depicted on a map entitled ‘Mountain 

7 Lake Additions’, dated March 23, 2005, and which 

8 are hereby incorporated in the Mountain Lake Wil9 derness; 

10 ‘‘(17) certain lands in the Jefferson National 

11 Forest, which comprise approximately 308 acres, as 

12 generally depicted on a map entitled ‘Lewis Fork 

13 Addition and Little Wilson Creek Additions’, dated 

14 March 23, 2005, and which are hereby incorporated 

15 in the Lewis Fork Wilderness; 

16 ‘‘(18) certain lands in the Jefferson National 

17 Forest, which comprise approximately 1,845 acres, 

18 as generally depicted on a map entitled ‘Lewis Fork 

19 Addition and Little Wilson Creek Additions’, dated 

20 March 23, 2005, and which are hereby incorporated 

21 in the Little Wilson Creek Wilderness; 

22 ‘‘(19) certain lands in the Jefferson National 

23 Forest, which comprise approximately 2,456 acres, 

24 as generally depicted on a map entitled ‘Shawvers 

25 Run Additions’, dated March 23, 2005, and which 
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1 are hereby incorporated in the Shawvers Run Wil2 derness; 

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

4 Forest, which comprise approximately 1,203 acres, 

5 as generally depicted on a map entitled ‘Peters 

6 Mountain Addition’, dated March 23, 2005, and 

7 which are hereby incorporated in the Peters Moun8 tain Wilderness; and 

9 ‘‘(21) certain lands in the Jefferson National 

10 Forest, which comprise approximately 612 acres, as 

11 generally depicted on a map entitled ‘Kimberling 

12 Creek Additions’, dated March 23, 2005, and which 

13 are hereby incorporated in the Kimberling Creek 

14 Wilderness;’’. 

15 SEC. 3. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, 

16 JEFFERSON NATIONAL FOREST, VIRGINIA. 

17 (a) ESTABLISHMENT OF SCENIC AREAS.— 

18 (1) ESTABLISHMENT.—The following National 

19 Forest System lands in the State of Virginia are 

20 hereby designated as National Scenic Areas (in this 

21 section referred to as the ‘‘scenic areas’’): 

22 (A) Certain lands in the Jefferson Na23 tional Forest, which comprise approximately 

24 6,455 acres, as generally depicted on a map en25 titled ‘‘Seng Mountain and Raccoon Branch’’, 
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1 dated March 23, 2005, and which shall be 

2 known as the Seng Mountain National Scenic 

3 Area. 

4 (B) Certain lands in the Jefferson Na5 tional Forest, which comprise approximately 

6 5,503 acres, as generally depicted on a map en7 titled ‘‘Bear Creek’’ dated March 23, 2005, and 

8 which shall be known as the Bear Creek Na9 tional Scenic Area. 

10 (2) MAPS AND DESCRIPTIONS.—As soon as 

11 practicable after the date of the enactment of this 

12 Act, the Secretary of Agriculture shall file a map 

13 and boundary description of the scenic areas with 

14 the Committee on Agriculture, Nutrition, and For15 estry of the Senate and the Committee on Agri16 culture and the Committee on Resources of the 

17 House of Representatives. The map and description 

18 shall have the same force and effect as if included 

19 in this Act, except that the Secretary may correct 

20 clerical and typographical errors in the map and de21 scription. The map and boundary description shall 

22 be on file and available for public inspection in the 

23 Office of the Chief of the Forest Service, Depart24 ment of Agriculture. In the case of any discrepancy 

25 between the acreage specified in paragraph (1) and 
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1 the map filed under this paragraph, the map shall 

2 control. 

3 (b) PURPOSES OF SCENIC AREAS.—The scenic areas 

4 are established for the purposes of— 

5 (1) ensuring the protection and preservation of 

6 scenic quality, water quality, natural characteristics, 

7 and water resources; 

8 (2) protecting wildlife and fish habitat, con9 sistent with paragraph (1); 

10 (3) protecting areas that may develop charac11 teristics of old-growth forests; and 

12 (4) providing a variety of recreation opportuni13 ties, consistent with the preceding paragraphs. 

14 (c) ADMINISTRATION.— 

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

16 shall administer the scenic areas in accordance with 

17 this section and the laws and regulations generally 

18 applicable to the National Forest System. In the 

19 event of conflict between this section and other laws 

20 and regulations, this section shall take precedence. 

21 (2) CONSISTENT USE.—The Secretary shall 

22 only allow such uses of the scenic areas as the Sec23 retary finds will further the purposes for which the 

24 scenic areas are established. 
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1 (d) MANAGEMENT PLAN.—Within two years after the 

2 date of the enactment of this Act, the Secretary of Agri3 culture shall develop a management plan for the scenic 

4 areas consistent with this section. The management plan 

5 shall be developed as an amendment to the land and re6 source management plan for the Jefferson National For7 est, except that nothing in this section requires the Sec8 retary to revise the land and resource management plan 

9 for the Jefferson National Forest pursuant to section 6 

10 of the Forest and Rangeland Renewable Resources Plan11 ning Act of 1974 (16 U.S.C. 1604). 

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

13 Act, no roads shall be established or constructed within 

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

15 construed to deny access to private lands or interests 

16 therein in the scenic areas. 

17 (f) VEGETATION MANAGEMENT.—No timber harvest 

18 shall be allowed within the scenic areas, except as the Sec19 retary of Agriculture finds necessary in the control of fire, 

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

21 trail access. Notwithstanding the preceding sentence, the 

22 Secretary may engage in vegetation manipulation prac23 tices for maintenance of existing wildlife clearings and vis24 ual quality. Firewood may be harvested for personal use 
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1 along perimeter roads under such conditions as the Sec2 retary may impose. 

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

4 be permitted within the scenic areas, except that the Sec5 retary of Agriculture may authorize motorized travel with6 in the scenic areas— 

7 (1) as necessary for administrative use in fur8 therance of the purposes of this section; 

9 (2) in support of wildlife management projects 

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

11 Act; and 

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

13 during deer and bear hunting seasons. 

14 (h) FIRE.—Wildfires in the scenic area shall be sup15 pressed in a manner consistent with the purposes of this 

16 section, using such means as the Secretary of Agriculture 

17 considers appropriate. 

18 (i) INSECTS AND DISEASE.—Insect and disease out19 breaks may be controlled in the scenic areas to maintain 

20 scenic quality, prevent tree mortality, reduce hazards to 

21 visitors, or protect private lands. 

22 (j) WATER.—The Secretary of Agriculture shall ad23 minister the scenic areas so as to maintain and enhance 

24 water quality. 
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1 (k) MINING WITHDRAWAL.—Subject to valid existing 

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

3 withdrawn from location, entry, and patent under the min4 ing laws of the United States and from leasing claims 

5 under the mineral and geothermal leasing laws of the 

6 United States, including amendments to such laws. 

7 SEC. 4. TRAIL PLAN AND DEVELOPMENT. 

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

9 establish, in consultation with interested parties, a trail 

10 plan for National Forest System lands described in this 

11 paragraph in order to develop the following: 

12 (1) Hiking and equestrian trails within the wil13 derness areas designated by the amendments made 

14 by section 2, in a manner consistent with the Wil15 derness Act (16 U.S.C. 1131 et seq.). 

16 (2) Nonmotorized recreation trails within the 

17 scenic areas designated by section 3. 

18 (b) IMPLEMENTATION REPORT.—Within two years 

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

20 of Agriculture shall submit to Congress a report on the 

21 implementation of the trail plan, including the identifica22 tion of priority trails for development. 

23 (c) TRAIL AUTHORIZATION.—The Secretary of Agri24 culture is authorized to develop trails to provide a contin25 uous connection for nonmotorized travel between County 
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1 Route 650 and Forest Development Road 4018 along the 

2 old Rye Valley Railroad Grade in Smyth County, Virginia, 

3 as recorded on the map entitled ‘‘Seng Mountain and Rac4 coon Branch’’ and dated March 23, 2005. 

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