[House Report 110-315]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-315
HOUSE OF REPRESENTATIVES
1st Session Part I
======================================================================
VIRGINIA RIDGE AND VALLEY ACT OF 2007
_______
September 4, 2007.--Ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1011]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 Roads 9410 and 84b during deer and
bear hunting seasons and on that portion of Forest Development
Road 6261 designated on the map referred to in subsection
(a)(2) as ``open seasonally'' 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.
Purpose of the Bill
The purpose of H.R. 1011 is to designate 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.
Background and Need for Legislation
H.R. 1011 designates nearly 43,000 acres of the Jefferson
National Forest in southwestern Virginia as wilderness and
nearly 12,000 acres as National Scenic Areas. The bill
designates six new wilderness areas, makes six additions to
existing wilderness areas, adds a new wilderness study area,
creates two new National Scenic Areas, and directs the Forest
Service to develop trail plans.
The legislation would designate as wilderness a number of
significant natural and scenic areas within the Commonwealth of
Virginia. The Stone Mountain proposed wilderness area provides
outstanding views of Powell Mountain across the Powell River,
which is famous for its rich populations of freshwater mussels.
The Seng Mountain proposed national scenic area is served by a
network of recreational trails. The major scenic attraction is
Rowland Creek Falls, a 45-foot cascading waterfall. Much of the
terrain provides excellent opportunities for recreation. The
Brush Mountain East proposed wilderness area contains beautiful
stands of large sugar maples, white pines, white oaks and
hemlocks, and about 15 percent of the forest consists of old
growth. The Lynn Camp Creek proposed wilderness area provides a
microcosm of the Ridge and Valley Province of Virginia. Three
parallel ridges enclose the major stream valleys of Lick Creek
and Lynn Camp Creek, both of which are excellent brook trout
waters. Lick Creek harbors one of the only three Virginia
populations of the Tennessee Dace, a state endangered species,
also listed as sensitive by the Forest Service. The Raccoon
Branch proposed wilderness area contains eight major trails
which provide access to the area for hunters, fishermen, hikers
and horseback riders. The Appalachian Trail also traverses the
area.
Each of the areas contained in H.R. 1011 were either
recommended as part of the Jefferson National Forest Plan or
have been endorsed by the relevant local County Board of
Supervisors. H.R. 1011 has broad bipartisan support from five
other Representatives from Virginia, both Virginia Senators,
Governor Tim Kaine, four County Boards of Supervisors, local
businesses, state organizations, faith groups, the
International Mountain Bicycling Association, and local bear
hunters.
Committee Action
H.R. 1011 was introduced on February 13, 2007, by
Representative Rick Boucher (D-VA). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On May 10, 2007, the Subcommittee held a hearing on the
legislation. On June 28, 2007, the Subcommittee was discharged
from further consideration of the bill and the full Natural
Resources Committee met to consider the measure.
National Parks, Forests and Public Lands Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment to keep the
seasonally-opened segment of forest development road 6261 in
the proposed Bear Creek National Scenic Area open during bear
and deer hunting seasons. The amendment was adopted by voice
vote.
Representative Rob Bishop (R-UT) offered an en bloc
amendment to strike out the Brush Mountain Wilderness, Brush
Mountain East Wilderness, Raccoon Branch Wilderness, Mountain
Lake Addition B, Lynn Camp Creek Wilderness Study Area,
Kimberling Creek Potential Wilderness Area, and would have
deleted portions of the Shawvers Run Additions. The amendment
was not adopted by voice vote.
Representative Bill Sali (R-ID) offered an amendment to
change the management priorities of the National Scenic Areas
in H.R. 1011. The amendment was not adopted by voice vote.
Representative Kevin McCarthy (R-CA) offered an amendment
to strike the Brush Mountain Wilderness and Brush Mountain East
Wilderness. The amendment was not adopted by voice vote.
Representative Bill Sali (R-ID) also offered an amendment
to add a new section to H.R. 1011 to change the management
procedures that are enumerated in the Wilderness Act. The
amendment was not adopted by voice vote.
H.R. 1011, as amended, was then favorably reported to the
House of Representatives by voice vote.
Section-By-Section Analysis
Section 1. Short title and table of contents
Section 1 entitles the bill the ``Virginia Ridge and Valley
Act of 2007'' and lists the table of contents.
Section 2. Designation of additional National forest system lands in
Jefferson National Forest, Virginia, as wilderness or a
wilderness study area
Section 2(a) designates the following new wilderness areas:
Brush Mountain East Wilderness--3,769 acres in
Craig County, VA
Brush Mountain Wilderness--4,794 acres in
Montgomery County, VA
Raccoon Branch Wilderness--4,223 acres in Smyth
County, VA
Stone Mountain Wilderness--3,270 acres in Lee
County, VA
Hunting Camp Creek Wilderness--8,470 acres in
Bland County, VA
Garden Mountain Wilderness--3,291 acres in Bland
County, VA
Section 2(a) also designates the following additions to
existing wilderness areas:
Mountain Lake Wilderness Additions--5,476 acres in
Giles and Craig Counties, VA and WVA
Lewis Fork Wilderness Addition--308 acres in Smyth
and Grayson Counties, VA
Little Wilson Wilderness Creek Additions--1,845
acres in Grayson County, VA
Shawvers Run Wilderness Additions--2,249 acres in
Craig County, VA
Peters Mountain Wilderness Addition--1,203 acres
in Giles County, VA
Kimberling Creek Wilderness Additions--263 acres
in Bland County, VA
Section 2(b) designates the Lynn Camp Creek Wilderness
Study Area (WSA), comprising 3,226 acres in Bland County, VA.
The area is designated as a WSA to allow the Forest Service to
study the area for possible future wilderness designation by
Congress.
Section 3. Designation of Kimberling Creek Potential Wilderness Area,
Jefferson National Forest, Virginia
Section 3 designates the Kimberling Creek Potential
Wilderness Area, comprising 349 acres in Bland County, VA. This
area is designated as a potential wilderness area for eventual
incorporation into the Kimberling Creek Wilderness Addition.
The Forest Service has indicated this area needs ecological
restoration work. Therefore, the bill provides for designation
of the area as potential wilderness, and upon completion of the
restoration work or five years from the date of enactment, the
area would be automatically designated as wilderness.
Section 4. Designation of Seng Mountain and Bear Creek Scenic Areas,
Jefferson National Forest, Virginia
Section 4 designates 2 new National Scenic Areas. The first
is the Seng Mountain National Scenic Area, comprising 6,455
acres in Smyth County, VA. The second is the Bear Creek
National Scenic Area, comprising 5,128 acres in Smyth County,
VA. The language for the Bear Creek National Scenic Area
permits the maintenance of existing wildlife clearings for
managing bear habitat, and permits motorized travel on three
forest development roads during deer and bear hunting seasons.
Section 5. Trail plan and development
Section 5 requires the Forest Service to establish a trail
plan for hiking and equestrian trails in the new wilderness
areas and wilderness area additions, and non-motorized
recreation trails within the two new National Scenic Areas.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1011--Virginia Ridge and Valley Act of 2007
H.R. 1011 would designate several wilderness, wilderness
study, potential wilderness, and scenic areas on approximately
50,000 acres of federal landswithin the Jefferson National
Forest in Virginia. Under the bill, the Forest Service would
develop management plans for the proposed scenic areas within
the next two years. Finally, the legislation would prohibit
timber harvesting and new mineral leasing within the scenic
areas.
Based on information provided by the Forest Service, CBO
estimates that implementing H.R. 1011 would cost approximately
$3 million over the 2008-2012 period, assuming appropriation of
the necessary amounts. Of this amount, $2 million would be used
by the agency for planning, marking the newly designated areas,
developing trails, and preparing legal descriptions and maps.
The remaining $1 million would be spent over the next five
years to administer the new areas.
Designating federal lands as wilderness could result in
forgone offsetting receipts if, under current law, those lands
would generate income from activities such as timber harvesting
and mining. According to the Forest Service, the lands affected
by H.R. 1011 currently generate no significant receipts but do
contain timber valued at $2 million that may be harvested in
the future. Such sales proceeds can be spent by the Forest
Service without further appropriation. Thus, CBO estimates that
enacting this legislation could affect both offsetting receipts
and direct spending, but we estimate that the net effect of any
changes would be negligible over the next 10 years. Enacting
the bill would not affect revenues.
H.R. 1011 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Deborah Reis
and David Reynolds, who can be reached at 226-2860. This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1011 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(t) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 1 OF THE ACT OF JUNE 7, 1988
(Public Law 100-326)
An Act 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.
SECTION 1. DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131-1136), the following lands in the States of
Virginia and West Virginia are hereby designated as wilderness
and, therefore, as components of the National Wilderness
Preservation [System--] System:
(1) [certain] Certain lands in the George Washington
National Forest, which comprise approximately 9,300
acres, as generally depicted on a map entitled ``Rough
Mountain Wilderness Area--Proposed'', dated June 1987,
and which shall be known as the Rough Mountain
Wilderness Area[;].
(2) [certain] Certain lands in the George Washington
National Forest, which comprise approximately 6,450
acres, as generally depicted on a map entitled ``Rich
Hole Wilderness Area--Proposed'', dated June 1987, and
which shall be known as the Rich Hole Wilderness
Area[;].
(3) [certain] Certain lands in the Jefferson National
Forest, and George Washington National Forest which
comprise approximately 5,700 acres, as generally
depicted on a map entitled ``Barbours Creek Wilderness
Area--Proposed'', dated June 1987, and which shall be
known as the Barbours Creek Wilderness Area[;].
(4) [certain] Certain lands in the Jefferson National
Forest and George Washington National Forest, which
comprise approximately 3,665 acres, as generally
depicted on a map entitled ``Shawvers Run Wilderness
Area--Proposed'', dated October 1987, and which shall
be known as the Shawvers Run Wilderness Area[;].
(5) [certain] Certain lands in the Jefferson National
Forest, which comprise approximately 72 acres, as
generally depicted on a map entitled ``Lewis Fork
Wilderness Area Addition--Proposed'', dated June 1987,
and which shall be known as the Lewis Fork Wilderness
Area[;].
(6) [certain] Certain lands in the Jefferson National
Forest, which comprise approximately 2,500 acres, as
generally depicted on a map entitled ``Mountain Lake
Wilderness Area Addition--Proposed'', dated June 1987,
and which shall be known as the Mountain Lake
Wilderness Area[;].
(7) [certain] Certain lands in the George Washington
National Forest, which comprise approximately 5,963
acres, as generally depicted on a map entitled ``The
Priest Wilderness Study Area'', dated June 6, 2000, and
which shall be known as the Priest Wilderness Area[;
and].
(8) [certain] Certain lands in the George Washington
National Forest, which comprise approximately 4,608
acres, as generally depicted on a map entitled ``The
Three Ridges Wilderness Study Area'', dated June 6,
2000, and which shall be known as the Three Ridges
Wilderness Area.
(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).
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SECTION 6 OF THE VIRGINIA WILDERNESS ACT OF 1984
DESIGNATION OF WILDERNESS STUDY AREAS
Sec. 6. (a) In furtherance of the purposes of the Wilderness
Act, the Secretary of Agriculture shall review, as to their
suitability for preservation as wilderness, the following lands
in the State of Virginia:
(1) [certain] Certain lands in the George Washington
National Forest, which comprise approximately nine
thousand three hundred acres, generally depicted on a
map entitled ``Rough Mountain Wilderness Study Area--
Proposed'', dated January 1984, and which shall be
known as the Rough Mountain Wilderness Study Area[;].
(2) [certain] Certain lands in the George Washington
National Forest, which comprise approximately five
thousand six hundred acres, as generally depicted on a
map entitled ``Rich Hole Wilderness Study Area--
Proposed'', dated January 1984, and which shall be
known as the Rich Hole Wilderness Study Area[;].
(3) [certain] Certain lands in the Jefferson National
Forest, which compromise approximately five thousand
eight hundred and seventy-five acres, as generally
depicted on a map entitled ``Barbours Creek Wilderness
Study Area--Proposed'', dated February 1984, and which
shall be known as the Barbours Creek Wilderness Study
Area[; and].
(4) [certain] Certain lands in the Jefferson National
Forest, which compromise approximately four thousand
three hundred acres, as generally depicted on a map
entitled ``Shawvers Run Wilderness Study Area--
Proposed'', dated February 1984, and which shall be
known as the Shawvers Run Wilderness Study Area.
(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.
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