Shenandoah Mountain Act

Bill: 118-s-2630
Sponsor: full_name: Sen. Kaine, Tim [D-VA]
Introduced: 2023-07-27
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2023-07-27
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S3763)

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 2630 IN THE SENATE OF THE UNITED STATES July 27, 2023 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. Short title This Act may be cited as the Shenandoah Mountain Act . 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 within the boundary of 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). 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 92,562 acres of National Forest System land in the George Washington and Jefferson National Forests, 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 above sea level 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 settings and 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 by humans 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 evaluate applications for, and issue or deny, special use authorizations 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) National Forest System trail plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a National Forest System trail plan for National Forest System land in the National Scenic Area that is not located in a Wilderness Area in order to construct, maintain, and improve nonmotorized recreation National Forest System trails 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 National Forest System trail plan developed under paragraph (1) National Forest System land that is near, but not within the boundary of, the National Scenic Area. (3) Public input In developing the National Forest System trail plan under paragraph (1), the Secretary shall seek input from interested parties, including members of the public. (4) Requirements The National Forest System trail plan developed under paragraph (1) shall— (A) promote sustainable trail management that protects natural resources and provides diverse, high-quality recreation opportunities, which may include loop trails for nonmotorized uses; (B) consider natural resource protection, trail sustainability, and trail maintenance needs as primary factors in determining the location or relocation of National Forest System trails; and (C) develop a National Forest System trail outside the Little River Wilderness Area in the area of the Tillman Road corridor (along National 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), pending completion of the required environmental analysis. (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 National Forest System trail plan developed under paragraph (1), including the identification of the National Forest System trail described in paragraph (4)(C) and any other priority National Forest System 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 and related facilities within the National Scenic Area are 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 be constructed only along National Forest System roads. (g) Motorized travel Motorized travel shall be allowed only 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 National Forest System land or 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 management 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 and necessary burn unit preparation 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, solar, or other renewable energy development; and (E) designation of new utility corridors, utility rights-of-way, or communications sites. (2) Effect Consistent with subsection (f)(3)(A), the withdrawal under paragraph (1) shall not deny access to private land or an interest in private land within the National Scenic Area. (p) Management plan (1) In general As soon as practicable after the date of the completion of the National Forest System 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 management plan for the George Washington and Jefferson National Forests 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 management plan for the George Washington and Jefferson National Forests under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). 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 National Forest System land in the George Washington and Jefferson National Forests comprising approximately 5,088 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act , which shall be known as the Skidmore Fork Wilderness . (22) Ramseys draft wilderness addition Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 6,961 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act , 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 National Forest System land in the George Washington and Jefferson National Forests comprising approximately 3,568 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act , which shall be known as the Lynn Hollow Wilderness . (24) Little river wilderness Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 12,461 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act , which shall be known as the Little River Wilderness . (25) Beech lick knob wilderness Certain National Forest System land in the George Washington and Jefferson National Forests comprising approximately 5,779 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act , which shall be known as the Beech Lick Knob Wilderness . . 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.