Virginia Ridge and Valley Act of 2007 - Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Hunting Camp Creek and Garden Mountain, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, Peters Mountain Addition, and Kimberling Creek Additions) as wilderness.
Designates certain lands in the Jefferson National Forest as: (1) the "Lynn Camp Creek Wilderness Study Area"; and (2) the "Kimberling Creek Potential Wilderness Area" for eventual incorporation in the Kimberling Creek Wilderness. Sets forth requirements regarding ecological restoration. Specifies that the Potential Wilderness Area be designated as wilderness and included in Kimberling Creek Wilderness on the earlier of: (1) the date on which the Secretary of Agriculture publishes in the Federal Register notice that the conditions in such Area that are incompatible with the Wilderness Act have been removed; or (2) five years after enactment of this Act.
Designates Seng Mountain and Raccoon Branch, and Bear Creek, as National Scenic Areas (Scenic Areas). Establishes such Areas for purposes of: (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat; (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities. Authorizes the Secretary to only allow such uses of the Scenic Areas as will further the purposes for which they are established.
Directs the Secretary to: (1) develop a management plan for such Scenic Areas; and (2) establish a trail plan for National Forest System (NFS) lands in order to develop hiking and equestrian trails on the lands in Jefferson National Forest designated as wilderness by this Act and non-motorized recreation trails within the Seng Mountain and Bear Creek Scenic Areas. Instructs the Secretary to establish the trail plan in consultation with interested parties. Requires the Secretary to report on the implementation of such plan, including the identification of priority trails for development.
Directs the Secretary to develop a specified sustainable trail along the southern boundary of the Raccoon Branch Wilderness connecting to forest development road 49352 in Smyth County.
Sets forth provisions regarding roads, vegetation management, motorized travel, fire, insects and disease, water, mining, mineral and geothermal leasing.
Permits motorized access to lands designated as wilderness or a wilderness study area by this Act when required in connection with an emergency involving the health and safety of persons, including search and rescue efforts or a response to an Amber Alert.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1011 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1011
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 HOUSE OF REPRESENTATIVES
February 13, 2007
Mr. Boucher (for himself, Mr. Wolf, Mr. Moran of Virginia, Mr. Scott of
Virginia, Mrs. Jo Ann Davis of Virginia, and Mr. Tom Davis of Virginia)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Virginia Ridge and
Valley Act of 2007''.
(b) Table of Contents.--The table of contents for 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.
SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS IN
JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A
WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law 100-326
(102 Stat. 584; 16 U.S.C. 1132 note), as amended by Public Law 106-471
(114 Stat. 2057), is further amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' at the beginning of paragraphs
(1) through (8) and inserting ``Certain'';
(3) by striking the semicolon at the end of paragraphs (1)
through (6) and inserting a period;
(4) by striking ``; and'' at the end of paragraph (7) and
inserting a period; and
(5) by adding at the end the following new paragraphs:
``(9) Certain lands in the Jefferson National Forest, which
comprise approximately 3,769 acres, as generally depicted on
the map entitled `Brush Mountain and Brush Mountain East' and
dated February 2007, and which shall be known as the Brush
Mountain East Wilderness.
``(10) Certain lands in the Jefferson National Forest,
which comprise approximately 4,794 acres, as generally depicted
on the map entitled `Brush Mountain and Brush Mountain East'
and dated February 2007, and which shall be known as the Brush
Mountain Wilderness.
``(11) Certain lands in the Jefferson National Forest,
which comprise approximately 4,223 acres, as generally depicted
on the map entitled `Seng Mountain and Raccoon Branch' and
dated February 2007, and which shall be known as the Raccoon
Branch Wilderness.
``(12) Certain lands in the Jefferson National Forest,
which comprise approximately 3,270 acres, as generally depicted
on the map entitled `Stone Mountain' and dated February 2007,
and which shall be known as the Stone Mountain Wilderness.
``(13) Certain lands in the Jefferson National Forest,
which comprise approximately 8,470 acres, as generally depicted
on the map entitled `Hunting Camp Creek and Garden Mountain'
and dated February 2007, and which shall be known as the
Hunting Camp Creek Wilderness.
``(14) Certain lands in the Jefferson National Forest,
which comprise approximately 3,291 acres, as generally depicted
on the map entitled `Hunting Camp Creek and Garden Mountain'
and dated February 2007, and which shall be known as the Garden
Mountain Wilderness.
``(15) Certain lands in the Jefferson National Forest,
which comprise approximately 5,476 acres, as generally depicted
on the map entitled `Mountain Lake Additions' and dated
February 2007, and which are hereby incorporated in the
Mountain Lake Wilderness designated by section 2(6) of the
Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat.
3105).
``(16) Certain lands in the Jefferson National Forest,
which comprise approximately 308 acres, as generally depicted
on the map entitled `Lewis Fork Addition and Little Wilson
Creek Additions' and dated February 2007, and which are hereby
incorporated in the Lewis Fork Wilderness designated by section
2(3) of the Virginia Wilderness Act of 1984 (Public Law 98-586;
98 Stat. 3105).
``(17) Certain lands in the Jefferson National Forest,
which comprise approximately 1,845 acres, as generally depicted
on the map entitled `Lewis Fork Addition and Little Wilson
Creek Additions' and dated February 2007, and which are hereby
incorporated in the Little Wilson Creek Wilderness designated
by section 2(5) of the Virginia Wilderness Act of 1984 (Public
Law 98-586; 98 Stat. 3105).
``(18) Certain lands in the Jefferson National Forest,
which comprise approximately 2,249 acres, as generally depicted
on the map entitled `Shawvers Run Additions' and dated February
2007, and which are hereby incorporated in the Shawvers Run
Wilderness designated by paragraph (4).
``(19) Certain lands in the Jefferson National Forest,
which comprise approximately 1,203 acres, as generally depicted
on the map entitled `Peters Mountain Addition' and dated
February 2007, and which are hereby incorporated in the Peters
Mountain Wilderness designated by section 2(7) of the Virginia
Wilderness Act of 1984 (Public Law 98-586; 98 Stat. 3105).
``(20) Certain lands in the Jefferson National Forest,
which comprise approximately 263 acres, as generally depicted
on the map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated February 2007, and which are hereby
incorporated in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (Public Law
98-586; 98 Stat. 3105).''.
(b) Designation of Wilderness Study Area.--Section 6(a) of the
Virginia Wilderness Act of 1984 (Public Law 98-586; 98 Stat. 3108) is
amended--
(1) by striking ``certain'' at the beginning of paragraphs
(1) through (4) and inserting ``Certain'';
(2) by striking the semicolon at the end of paragraphs (1)
and (2) and inserting a period;
(3) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(4) by adding at the end the following new paragraph:
``(5) Certain lands in the Jefferson National Forest, which
comprise approximately 3,226 acres, as generally depicted on a
map entitled `Lynn Camp Creek Wilderness Study Area' and dated
February 2007, and which shall be known as the Lynn Camp Creek
Wilderness Study Area.''.
(c) Maps and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture 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 a map
and legal description of each wilderness area designated or
expanded by the amendments made by subsection (a) and of the
Lynn Camp Creek Wilderness Study Area designated by the
amendment made by subsection (b).
(2) Force and effect.--The maps and legal descriptions
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary of
Agriculture may correct clerical and typographical errors in
the maps and descriptions. In the case of any discrepancy
between the acreage specified in the amendments made by
subsection (a) or (b) and the corresponding map filed under
paragraph (1), the map shall control.
(3) Availability.--The maps and legal descriptions referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(d) Administration.--
(1) New wilderness areas.--Subject to valid existing
rights, the Secretary of Agriculture shall administer the lands
in the Jefferson National Forest designated as a new wilderness
area by the amendments made by subsection (a) in accordance
with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that, with respect to such lands, any reference
in the Wilderness Act to the effective date of that Act shall
be deemed to be a reference to the date of the enactment of
this Act.
(2) Expanded wilderness areas.--Subject to valid existing
rights, the Secretary of Agriculture shall administer the lands
in the Jefferson National Forest designated as wilderness and
incorporated into an existing wilderness area by the amendments
made by subsection (a) in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and other laws
applicable to that wilderness area, except that, with respect
to such lands, any reference in the Wilderness Act to the
effective date of that Act shall be deemed to be a reference to
the date of the enactment of this Act.
SEC. 3. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands in the Jefferson National
Forest, which comprise approximately 349 acres, as generally depicted
on the map entitled ``Kimberling Creek Additions and Potential
Wilderness Area'' and dated February 2007, are designated as a
potential wilderness area for eventual incorporation in the Kimberling
Creek Wilderness designated by section 2(2) of the Virginia Wilderness
Act of 1984 (Public Law 98-586; 98 Stat. 3105).
(b) Map and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture 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 a map
and legal description of potential wilderness area.
(2) Force and effect.--The map and legal description
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary of
Agriculture may correct clerical and typographical errors in
the map and description. In the case of any discrepancy between
the acreage specified in subsection (a) and the map filed under
paragraph (1), the map shall control.
(3) Availability.--The map and legal description referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary of Agriculture shall manage the
potential wilderness area as wilderness pending its incorporation in
the Kimberling Creek Wilderness.
(d) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, and any other
activities necessary to restore the natural ecosystems in the
potential wilderness area), the Secretary of Agriculture may
use motorized equipment and mechanized transport in the
potential wilderness area until its incorporation in the
Kimberling Creek Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(e) Wilderness Designation.--The potential wilderness area shall be
designated as wilderness and incorporated in the Kimberling Creek
Wilderness on the earlier of--
(1) the date on which the Secretary of Agriculture
publishes in the Federal Register notice that the conditions in
the potential wilderness area that are incompatible with the
Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is five years after the date of the
enactment of this Act.
(f) Administration.--Subject to valid existing rights, upon
incorporation of the lands designated as wilderness under subsection
(e) in the Kimberling Creek Wilderness, the Secretary of Agriculture
shall administer the lands in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and other laws applicable to that wilderness area,
except that, with respect to such lands, any reference in the
Wilderness Act to the effective date of that Act shall be deemed to be
a reference to the date on which the lands are designated as wilderness
under subsection (e).
SEC. 4. DESIGNATION OF SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Establishment.--The following National Forest System lands in
the State of Virginia are hereby designated as National Scenic Areas
(in this section referred to as the ``scenic areas''):
(1) Certain lands in the Jefferson National Forest, which
comprise approximately 6,455 acres, as generally depicted on
the map entitled ``Seng Mountain and Raccoon Branch'' and dated
February 2007, and which shall be known as the Seng Mountain
National Scenic Area.
(2) Certain lands in the Jefferson National Forest, which
comprise approximately 5,128 acres, as generally depicted on
the map entitled ``Bear Creek'' and dated February 2007, and
which shall be known as the Bear Creek National Scenic Area.
(b) Maps and Legal Descriptions.--
(1) Filing.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture 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 a map
and legal description of each of the scenic areas.
(2) Force and effect.--The maps and legal descriptions
referred to in paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary of
Agriculture may correct clerical and typographical errors in
the maps and descriptions. In the case of any discrepancy
between the acreage specified in subsection (a) and the
corresponding map filed under paragraph (1), the map shall
control.
(3) Availability.--The maps and legal descriptions referred
to in paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(c) Purposes of Scenic Areas.--The scenic areas are established for
the purposes of--
(1) ensuring the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources;
(2) protecting wildlife and fish habitat, consistent with
paragraph (1);
(3) protecting areas that may develop characteristics of
old-growth forests; and
(4) providing a variety of recreation opportunities,
consistent with the preceding paragraphs.
(d) Administration.--
(1) In general.--The Secretary of Agriculture shall
administer the scenic areas in accordance with this section and
the laws and regulations generally applicable to the National
Forest System. In the event of conflict between this section
and other laws and regulations, this section shall take
precedence.
(2) Consistent use.--The Secretary shall only allow such
uses of the scenic areas as the Secretary finds will further
the purposes for which the scenic areas are established.
(e) Management Plan.--Within two years after the date of the
enactment of this Act, the Secretary of Agriculture shall develop a
management plan for the scenic areas consistent with this section. The
management plan shall be developed as an amendment to the land and
resource management plan for the Jefferson National Forest, except that
nothing in this section requires the Secretary to revise the land and
resource management plan for the Jefferson National Forest pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(f) Roads.--After the date of the enactment of this Act, no roads
shall be established or constructed within the scenic areas, except
that this prohibition shall not be construed to deny access to private
lands or interests therein in the scenic areas.
(g) Vegetation Management.--No timber harvest shall be allowed
within the scenic areas, except as the Secretary of Agriculture finds
necessary in the control of fire, insects, and diseases and to provide
for public safety and trail access. Notwithstanding the preceding
sentence, the Secretary may engage in vegetation manipulation practices
for maintenance of existing wildlife clearings and visual quality.
Firewood may be harvested for personal use along perimeter roads under
such conditions as the Secretary may impose.
(h) Motorized Travel.--Motorized travel shall not be permitted
within the scenic areas, except that the Secretary of Agriculture may
authorize motorized travel within the scenic areas--
(1) as necessary for administrative use in furtherance of
the purposes of this section;
(2) in support of wildlife management projects in existence
as of the date of the enactment of this Act; and
(3) on Forest Development Road 9410 and 84b during deer and
bear hunting seasons.
(i) Fire.--Wildfires in the scenic area shall be suppressed in a
manner consistent with the purposes of this section, using such means
as the Secretary of Agriculture considers appropriate.
(j) Insects and Disease.--Insect and disease outbreaks may be
controlled in the scenic areas to maintain scenic quality, prevent tree
mortality, reduce hazards to visitors, or protect private lands.
(k) Water.--The Secretary of Agriculture shall administer the
scenic areas so as to maintain and enhance water quality.
(l) Mining Withdrawal.--Subject to valid existing rights, all
federally owned lands in the scenic areas are withdrawn from location,
entry, and patent under the mining laws of the United States and from
leasing claims under the mineral and geothermal leasing laws of the
United States, including amendments to such laws.
SEC. 5. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary of Agriculture shall establish a
trail plan for National Forest System lands described in this
subsection in order to develop the following:
(1) Hiking and equestrian trails on the lands in the
Jefferson National Forest designated as wilderness by the
amendments made by section 2(a), in a manner consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Nonmotorized recreation trails within the Seng Mountain
and Bear Creek Scenic Areas designated by section 4.
(b) Consultation.--The Secretary of Agriculture shall establish the
trail plan in consultation with interested parties.
(c) Implementation Report.--Not later than two years after the date
of the enactment of this Act, the Secretary of Agriculture shall submit
to Congress a report on the implementation of the trail plan, including
the identification of priority trails for development.
(d) Trail Required.--The Secretary of Agriculture shall develop a
sustainable trail, using a contour curvilinear alignment, to provide a
continuous connection for non-motorized travel between County Route 650
and Forest Development Road 4018 in Smyth County, Virginia.
<all>
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-315, Part I.
House Committee on Agriculture Granted an extension for further consideration ending not later than Oct. 5, 2007.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 224.
Rules Committee Resolution H. Res. 763 Reported to House. Rule provides for consideration of H.R. 1011 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
Rule H. Res. 763 passed House.
Considered under the provisions of rule H. Res. 763. (consideration: CR H11900-11908; text of measure as introduced: CR H11900-11902; text of measure as reported in House: CR H11902-11903)
Rule provides for consideration of H.R. 1011 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
DEBATE - The House proceeded with one hour of debate on H.R. 1011.
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DEBATE - The House proceeded with 10 minutes of debate on the Goodlatte amendment.
Mr. Lamborn moved to recommit with instructions to Natural Resources. (consideration: CR H11907-11908; text: CR H11907)
DEBATE - The House proceeded with 10 minutes of debate on the Lamborn motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment inserting a new subsection to motorize access in emergencies.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H11907)
On motion to recommit with instructions Agreed to by the Yeas and Nays: 236 - 178 (Roll no. 994).
Roll Call #994 (House)Passed/agreed to in House: On passage Passed by voice vote.
On passage Passed by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held.