Sec. 8404. Shenandoah Mountain National Scenic Area
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In this section: The term National Scenic Area means the Shenandoah Mountain National Scenic Area established by subsection (b)(1). The term National Scenic Area includes— any National Forest System land within the boundary of the National Scenic Area that is administered as part of the National Scenic Area; and 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 subsection (c).
The term Secretary means the Secretary, acting through the Chief of the Forest Service. The term State means the State of Virginia. The term Wilderness Area means a wilderness area designated by paragraphs
(22)through
(26)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 subsection (c)). 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 subsection (d)(1)(A). The purposes of the National Scenic Area are— to ensure the protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the National Scenic Area; to protect wildlife, fish, and plant habitat in the National Scenic Area; 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; to protect forests in the National Scenic Area that may develop characteristics of old-growth forests; to protect the Wilderness Areas; and 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 subparagraphs
(A)through (E). Except as provided in subparagraph (B), the Secretary shall administer the National Scenic Area in accordance with— this subsection; and the laws (including regulations) generally applicable to the National Forest System. 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. The establishment of the National Scenic Area shall not affect the administration of the Wilderness Areas. 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. Nothing in this subsection creates a protective perimeter or buffer zone around the National Scenic Area or a Wilderness Area. 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. Except as otherwise provided in this subsection 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. Nothing in this subsection interferes with the authority of the Secretary— to maintain or improve nonmotorized trails and recreation sites within the National Scenic Area; to construct new nonmotorized trails and recreation sites within the National Scenic Area; to adjust recreational uses within the National Scenic Area for reasons of sound resource management or public safety; and to evaluate applications for, and issue or deny, special use authorizations in connection with recreation within the National Scenic Area. Recreation within the National Scenic Area shall be conducted in a manner consistent with the purposes of the National Scenic Area described in paragraph (2). 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 paragraph (2). The Secretary may address in the National Forest System trail plan developed under subparagraph
(A)National Forest System land that is near, but not within the boundary of, the National Scenic Area. In developing the National Forest System trail plan under subparagraph (A), the Secretary shall seek input from interested parties, including members of the public. The National Forest System trail plan developed under subparagraph
(A)shall— promote sustainable trail management that protects natural resources and provides diverse, high-quality safe recreation opportunities, which may include loop trails for nonmotorized uses; 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 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 subsection (d)(1)(B), pending completion of the required environmental analysis. 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 subparagraph (A), including the identification of the National Forest System trail described in subparagraph (D)(iii) and any other priority National Forest System trails identified for development. The establishment of the National Scenic Area shall not— result in the closure of any National Forest System roads, as generally depicted on the map filed under subsection (d)(1)(A); or modify public access within the National Scenic Area. No new roads shall be constructed in the National Scenic Area after the date of enactment of this Act. Nothing in this subsection— 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; 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 section; or alters the authority of the State— to maintain the access road to the crest of Shenandoah Mountain (Route 924); or to realign the access road described in subclause
(I)if necessary for reasons of sound resource management or public safety. Subject to clause (ii), 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 paragraph (2). Additional trailhead parking areas authorized in the National Scenic Area under clause
(i)may be constructed only along National Forest System roads. 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 paragraph (6). The Secretary shall administer the National Scenic Area in a manner that maintains and enhances water quality. The establishment of the National Scenic Area shall not prohibit— 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 subsection (d)(1)(A); or the establishment of new dams, reservoirs, or related infrastructure if necessary for municipal use. Except as provided in subparagraph (B), no harvesting of timber shall be allowed within the National Scenic Area. The Secretary may authorize harvesting of timber in the National Scenic Area if the Secretary determines that the harvesting is necessary— to control fire; to provide for public safety or trail access; to construct or maintain overlooks and vistas; or to control insect or disease outbreaks. Firewood may be harvested for personal use along roads within the National Scenic Area, subject to any conditions that the Secretary may require. Subject to subparagraph (B), 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 paragraph (2)— to maintain scenic quality; to reduce hazards to visitors; or to protect National Forest System land or private land. For purposes of activities carried out under subparagraph (A)— native forest insect and disease outbreaks shall be controlled only— to prevent unacceptable damage to resources on adjacent land; or to protect threatened, endangered, sensitive, or locally rare species, with biological control methods being favored; and nonnative insects and diseases may be eradicated or suppressed only in order to prevent a loss of a special biological community. 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 paragraph (2)— to maintain wildlife clearings and scenic enhancements in existence on the date of enactment of this Act; or to construct not more than 100 acres of additional wildlife clearings by— expanding wildlife clearings in existence on the date of enactment of this Act; or constructing new wildlife clearings of approximately 2 to 5 acres. Nothing in this subsection 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. Wildfire suppression activities within the National Scenic Area shall be carried out— in a manner consistent with the purposes of the National Scenic Area described in paragraph (2); and using such means as the Secretary determines to be appropriate. Nothing in this subsection 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 paragraph (2). Subject to valid existing rights, all Federal land within the National Scenic Area is withdrawn from— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; operation of the mineral leasing and geothermal leasing laws; wind, solar, or other renewable energy development; and designation of new utility corridors, utility rights-of-way, or communications sites. Consistent with paragraph (6)(C)(i), the withdrawal under subparagraph
(A)shall not deny access to private land or an interest in private land within the National Scenic Area. As soon as practicable after the date of the completion of the National Forest System trail plan under paragraph (5), 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 subsection. Nothing in this paragraph 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 ). Section 1 of Public Law 100–326 ( 16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) (as amended by section 8402(a)) is amended by adding at the end the following: 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 8404(d)(1)(B) of the Rural Prosperity and Food Security Act of 2024 , which shall be known as the Skidmore Fork Wilderness . 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 8404(d)(1)(B) of the Rural Prosperity and Food Security Act of 2024 , which shall be incorporated into the Ramseys Draft Wilderness designated by Public Law 98–586 ( 16 U.S.C. 1132 note; 98 Stat. 3106). 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 8404(d)(1)(B) of the Rural Prosperity and Food Security Act of 2024 , which shall be known as the Lynn Hollow 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 8404(d)(1)(B) of the Rural Prosperity and Food Security Act of 2024 , which shall be known as the Little River 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 8404(d)(1)(B) of the Rural Prosperity and Food Security Act of 2024 , which shall be known as the Beech Lick Knob Wilderness . . 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— the National Scenic Area; and each of the Wilderness Areas. The maps and boundary descriptions filed under paragraph
(1)shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. In the case of any discrepancy between the acreage of the National Scenic Area or a Wilderness Area and the applicable map filed under paragraph (1), the applicable map filed under that paragraph shall control. The maps and boundary descriptions filed under paragraph
(1)shall be on file and available for public inspection in the office of the Chief of the Forest Service.
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- Pub. L. 100-326
- 114 Stat. 2057
- 123 Stat. 1002
- Pub. L. 98-586
- 98 Stat. 3106
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cites case law
Sec. 8404
Shenandoah Mountain National Scenic Area
Pub. L.Pub. L. 100-326
Stat.114 Stat. 2057
Stat.123 Stat. 1002
Pub. L.Pub. L. 98-586
Stat.98 Stat. 3106
Cites 9Cited by 0 across 0 sources