§ 546b. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 title I § 1104 · 123 Stat. 991

   Enacted · 16 U.S.C. § 546b

   (Pub. L. 111–11, title I, § 1104, Mar. 30, 2009, 123 Stat. 1004.)

   Source evidence

   Code source credit
   (Pub. L. 111–11, title I, § 1104, Mar. 30, 2009, 123 Stat. 1004.)

   Enacted provision · exact public law section
   SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. (a) Establishment.— There are designated as National Scenic Areas— (1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled “Seng Mountain and Raccoon Branch” and dated April 28, 2008, which shall be known as the “Seng Mountain National Scenic Area”; and (2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled “Bear Creek” and dated April 28, 2008, which shall be known as the “Bear Creek National Scenic Area”. (b) Purposes.— The purposes of the scenic areas are— (1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas; (2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas; (3) to protect areas in the scenic areas that may develop characteristics of old-growth forests; and (4) consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas. (c) Administration.— (1) In general.— The Secretary shall administer the scenic areas in accordance with— (A) this subtitle; and (B) the laws (including regulations) generally applicable to the National Forest System. (2) Authorized uses.— The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b). (d) Management Plan.— (1) In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas. (2) Effect.— Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.— (1) In general.— Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas. (2) Limitation.— Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land. (f) Timber Harvest.— (1) In general.— Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas. (2) Exceptions.— The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to— (A) control fire; (B) provide for public safety or trail access; or (C) control insect and disease outbreaks. (3) Firewood for personal use.— Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose. (g) Insect and Disease Outbreaks.— The Secretary may control insect and disease outbreaks— (1) to maintain scenic quality; (2) to prevent tree mortality; (3) to reduce hazards to visitors; or (4) to protect private land. (h) Vegetation Management.— The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on the date of enactment of this Act. (i) Motorized Vehicles.— (1) In general.— Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas. (2) Exceptions.— The Secretary may authorize the use of motorized vehicles— (A) to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b); (B) to assist wildlife management projects in existence on the date of enactment of this Act; and (C) during deer and bear hunting seasons— (i) on Forest Development Roads 49410 and 84b; and (ii) on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as “open seasonally”. (j) Wildfire Suppression.— Wildfire suppression within the scenic areas shall be conducted— (1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and (2) using such means as the Secretary determines to be appropriate. (k) Water.— The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality. (l) Withdrawal.— Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from— (1) location, entry, and patent under the mining laws; and (2) operation of the mineral leasing and geothermal leasing laws.

1 of 1 references resolved to an enrolled provision