[DOCID: f:hr598p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-598
HOUSE OF REPRESENTATIVES
2d Session Part 1
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WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR WEST VIRGINIA'S SPECIAL
PLACES
_______
April 22, 2008.--Committed to the Committee of the Whole House on the
state of the Union and 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. 5151]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 5151) to designate as wilderness additional National
Forest System lands in the Monongahela National Forest in the
State of West Virginia, 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.
This Act may be cited as the ``Wild Monongahela Act: A National
Legacy for West Virginia's Special Places''.
SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST
VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the
Monongahela National Forest in the State of West Virginia are
designated as wilderness and as either a new component of the National
Wilderness Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Cranberry
Wilderness designated by section 1(1) of Public Law 97-466 (96
Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Dolly Sods
Wilderness designated by section 3(a)(13) of Public Law 93-622
(88 Stat. 2098).
(4) Certain Federal land comprising approximately 698 acres,
as generally depicted on the map entitled ``Otter Creek
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Otter Creek
Wilderness designated by section 3(a)(14) of Public Law 93-622
(88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by subsection (a). The
maps and legal descriptions shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Monongahela
National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this Act, except that the Secretary
may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the Federal
lands designated as wilderness by subsection (a) shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.). Notwithstanding the designation of the Dolly Sods Wilderness
addition by paragraph (3) of subsection (a) and the designation of the
Roaring Plains West Wilderness Area by paragraph (5) of such
subsection, the Secretary may continue to authorize the competitive
running event permitted from 2003 through 2007 in the vicinity of the
boundaries of the new wilderness addition and new wilderness area in a
manner compatible with the area's preservation as wilderness.
(d) Effective Date of Wilderness Act.--With respect to the Federal
lands designated as wilderness by subsection (a), any reference in the
Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
the jurisdiction or responsibility of the State of West Virginia with
respect to wildlife and fish.
SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA
NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork South
Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat.
2538) is modified to exclude two parcels of land, as generally depicted
on the map entitled ``Monongahela National Forest Laurel Fork South
Wilderness Boundary Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps and legal
descriptions on file in the office of the Forest Supervisor,
Monongahela National Forest. The general map shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(b) Management.--Federally owned land delineated on the maps referred
to in subsection (a) as the Laurel Fork South Wilderness, as modified
by such subsection, shall continue to be administered by the Secretary
of Agriculture in accordance with Wilderness Act (16 U.S.C. 1131 et
seq.). Any reference in the Wilderness Act to the effective date of
that Act shall be deemed to be a reference to the effective date of
Public Law 97-466 and this Act.
SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
The boundary of the Monongahela National Forest is confirmed to
include the tracts of land as generally depicted on the map entitled
``Monongahela National Forest Boundary Confirmation'' and dated March
13, 2008, and all Federal lands under the jurisdiction of the Secretary
of Agriculture, acting through the Chief of the Forest Service,
encompassed within such boundary shall be managed under the laws and
regulations pertaining to the National Forest System.
SEC. 5. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail
opportunities on lands not designated as wilderness within the
Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the purposes
of this subsection, the term ``nonmotorized recreation trail''
means a trail designed for hiking, bicycling, and equestrian
use.
(b) 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 plan required under subsection (a),
including the identification of priority trails for development.
(c) Consideration of Conversion of Forest Roads to Recreational
Uses.--In considering possible closure and decommissioning of a Forest
Service road within the Monongahela National Forest after the date of
the enactment of this Act, the Secretary of Agriculture, in accordance
with applicable law, may consider converting the road to nonmotorized
uses to enhance recreational opportunities within the Monongahela
National Forest.
PURPOSE OF THE BILL
The purpose of H.R. 5151 is to designate as wilderness
additional National Forest System lands in the Monongahela
National Forest in the State of West Virginia, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5151, as reported, designates 37,771 acres of National
Forest System lands in the Monongahela National Forest in West
Virginia as wilderness.
The Monongahela National Forest is comprised of more than
919,000 acres of federal land in ten counties of eastern West
Virginia. The forest is a major recreational resource for West
Virginians as well as people from neighboring states, hosting
approximately three million visitors annually. Currently, the
forest has five federally designated wilderness areas
comprising 78,041 acres: Otter Creek, Dolly Sods, Laurel Fork
North and South, and the Cranberry Wilderness.
As part of the revision of the Forest Plan completed in
2006, 18 roadless areas were inventoried and evaluated for
their wilderness potential. As a result of this process, H.R.
5151, as amended, proposes to designate six of the evaluated
areas, totaling 37,771 acres, as wilderness. Three of the areas
are additions to existing wilderness: the Cranberry Expansion
in Webster and Pocahontas Counties, the Dolly Sods Expansion in
Tucker County, and the Otter Creek Expansion, also in Tucker
County. The remaining three are proposed new wilderness areas:
Big Draft in Greenbrier County, Roaring Plains West in
Pendleton and Randolph Counties, and Spice Run in Greenbrier
and Pocahontas Counties.
Under the new Land and Resource Management Plan for the
Monongahela National Forest, all six areas are currently being
managed essentially as wilderness. The Cranberry Expansion, the
Otter Creek Expansion, and Roaring Plains West are under
Management Prescription 5.1, Recommended Wilderness. The Big
Draft area, the Dolly Sods Expansion and the Spice Run area are
under Management Prescription 6.2, Backcountry Recreation. This
management prescription emphasizes a non-motorized setting with
a largely natural environment and a lack of management- related
disturbance.
The proposed wilderness areas in H.R. 5151 include:
Big Draft: This 5,144-acre area in the southern tip of the
forest is located about five miles from White Sulphur Springs,
the home of the famed Greenbrier Resort. According to the
Forest Service evaluation of the area, the primary vegetative
type is oak and hickory with pockets of hemlock and white pine
as well as black hickory and sassafras. The evaluation makes
note of the area's ``natural untrammeled appearance, and
natural ecological processes that are the primary factors
affecting the area.'' Trout and small-mouth bass fishing are
considered excellent. The area provides critical habitat for
various rare and threatened species. The Small Whorled Pogonia,
a member of the orchid family, is found here as well as the
Candy Darter (a member of the perch family) and Barbara's
Buttons (a type of aster). Big Draft has over 13 miles of
established hiking trails with connectivity to many more. It is
adjacent to the Big Bend Recreation Area, which has a
campground and trailhead for the Blue Bend Loop Trail, which
travels through the proposed wilderness. The area has also been
popular for wilderness quality whitewater trips down Anthony
Creek.
Cranberry Expansion: An 11,951-acre addition to the highly
popular Cranberry Wilderness, the expansion is located between
the Williams River on the North and the Cranberry River on the
South and West. According to the Forest Service evaluation,
``both natural integrity and appearance are considered high
over much of the area.'' With elevations approaching 4,400 feet
along the ridges, the evaluation notes the area ``is a deeply
dissected high plateau with sharp valleys and many peaks'' with
vegetation consisting of red spruce, hemlock, mountain ash and
aspen. The area provides habitat for the West Virginia northern
flying squirrel, as well as black bear, white-tailed deer and
beaver. It also contains an excellent trail system and is held
in high esteem by hunters, anglers and hikers. The combination
of the Cranberry Wilderness, Cranberry Backcountry and
Cranberry Expansion would create the largest area of non-
motorized recreational opportunities in West Virginia--a vast
silent forest primeval.
Dolly Sods Expansion: Another well-known and popular
wilderness area, Dolly Sods is proposed to be expanded by 7,156
acres to the north. Most of the area is a rolling plateau of
over 3,800 feet in elevation. The Allegheny Front drops 2,200
feet to the east, just outside the proposed wilderness
boundary. According to the Forest Service evaluation, ``the bog
and heath eco-types are more typical of what one would expect
to find in Maine or southern Canada rather than West
Virginia.'' Large expanses of heath barrens with blueberries,
huckleberries and cranberries occupy portions of the plateau.
In addition to whitetail deer, black bear, grouse, wild turkey,
and bobcat, snowshoe hares and New England cottontails, unusual
in West Virginia, are common here. The Cheat Mountain
salamander and West Virginia northern flying squirrel also make
their homes in the area. Views west from Cabin Mountain across
the Canaan Valley National Wildlife Refuge are outstanding.
This high-altitude wind swept plateau is the site of rapid
weather changes, including dense fog banks, and sleet and snow
can occur at any time of the year.
Otter Creek Expansion: This small 698-acre proposed
expansion of the Otter Creek Wilderness area has a high natural
integrity and appearance and is dominated by spruce at its
higher elevations with a mixture of northern hardwoods. This
area occupies the northern and eastern flanks of McGowan
Mountain leading down to the Dry Fork of the Cheat River. It
provides much of the scenic view for this popular river which
contains excellent whitewater recreation opportunities and
trout fishing. The expansion would extend the wildlife habitat
protection provided by the existing wilderness for animals such
as black bear, wild turkey and white-tailed deer. The red
spruce on top of McGowan Mountain provide habitat for the West
Virginia northern flying squirrel and Cheat Mountain
salamander.
Roaring Plains West: This 6,792-acre area located southwest
of Dolly Sods ranges in elevation from 3,700 feet to over 4,700
feet and is, according to the Forest Service evaluation,
minimally affected by outside forces. The Roaring Plains and
Flatrock Plains areas encompassed by the proposed wilderness
comprise the highest plateaus in the eastern United States.
They are part of the geologic backbone of West Virginia called
the Allegheny Front. The evaluation also notes that this is
remote backcountry, providing a good opportunity for solitude.
Special features includean area known as Mt. Porte Crayon, with
exceptional views. At least seven high elevation wetlands are present
and are home to the snowshoe hare, bog lemming, and bobcat. Deer,
turkey and bear are also abundant.
Spice Run: A proposed 6,030-acre new wilderness, this area
rises from the Greenbrier River on its western boundary and is
an extremely remote place primarily accessible from the river.
There are no system trails within the area. The elevation
ranges from 2,000 feet along the Greenbrier River to 3,284 feet
on the top of Slab Camp Mountain. Spice Run, along with Davy
Run and Kincaid Run, cut steep hollows which delineate the
terrain. Spice Run is one of the most remote places in the
state and provides excellent opportunities for solitude and
backcountry recreation.
COMMITTEE ACTION
H.R. 5151 was introduced on January 29, 2008 by Committee
on Natural Resources Chairman Nick Rahall (D-WV). 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 February 26, 2008, the Subcommittee on
National Parks, Forests, and Public Lands held a hearing on the
bill.
On April 2, 2008, the Full Natural Resources Committee met
to consider the bill. Chairman Rahall offered an amendment in
the nature of a substitute to delete the Cheat Mountain
Proposed Wilderness Area, make technical corrections to the
maps and boundaries of the proposed wilderness areas, allow the
Secretary to continue a competitive running event in the
vicinity of two proposed wilderness areas, require the
Secretary of Agriculture to develop a plan to provide for
enhanced nonmotorized recreation trail opportunities on lands
not designated as wilderness within the Monongahela National
Forest, and make a boundary adjustment to the Laurel Fork South
Wilderness. It was adopted by voice vote. The bill, as amended,
was then ordered favorably reported to the House of
Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 cites the short title of H.R. 5151 as the ``Wild
Monongahela Act: A National Legacy for West Virginia's Special
Places.''
Section 2. Designation of wilderness, Monongahela National Forest, West
Virginia
Section 2 designates three new proposed wilderness areas in
the Monongahela National Forest as wilderness, and expands
three wilderness areas in the Monongahela National Forest.
Section 2(a)(1) designates 5,144 acres of the Monongahela
National Forest as the Big Draft Wilderness.
Section 2(a)(2) adds 11,951 acres of the Monongahela
National Forest to the Cranberry Wilderness designated by
section 1(1) of Public Law 97-466.
Section 2(a)(3) adds 7,156 acres of the Monongahela
National Forest to the Dolly Sods Wilderness designated by
section 3(a)(13) of Public Law 93-622.
Section 2(a)(4) adds 698 acres of the Monongahela National
Forest to the Otter Creek Wilderness designated by section
3(a)(14) of Public Law 93-622.
Section 2(a)(5) designates 6,792 acres of the Monongahela
National Forest as the Roaring Plains West Wilderness.
Section 2(a)(6) designates 6,030 acres of the Monongahela
National Forest as the Spice Run Wilderness.
Section 2(b) states that as soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture
shall file with the relevant House and Senate Committees a map
and legal description of each wilderness area.
Section 2(c) specifies that the federal lands designated by
subsection (a) shall be administered by the Secretary in
accordance with the Wilderness Act; and allows the Secretary to
continue to authorize a competitive running event in the
vicinity of the boundaries of the Dolly Sods Wilderness
addition and the Roaring Plains West Wilderness Area in a
manner compatible with the area's preservation as wilderness.
Section 2(d) requires that with respect to the federal
lands designated as wilderness by subsection (a), any reference
in the Wilderness Act to the effective date of the Wilderness
Act shall be deemed to be a reference to the date of the
enactment of this Act.
Section 2(e) restates that as provided for in the section
4(d)(7) of the Wilderness Act, nothing in this section affects
the jurisdiction or responsibilities of the State of West
Virginia with respect to wildlife and fish.
Section 3. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest
Section 3(a) adjusts the boundary of the Laurel Fork South
Wilderness designated by section 1(3) of Public Law 97-466 to
exclude two parcels of land which contain existing easements
for access to private property.
Section 4. Monongahela National Forest boundary confirmation
Section 4 confirms the boundaries of the Monongahela
National Forest to include tracts of land as generally depicted
on the map entitled ``Monongahela National Forest Boundary
Confirmation'' and dated March 13, 2008. The purpose of this
provision is to incorporate into the National Forest boundary a
number of purchase units acquired by the Forest Service over
theyears that are adjacent to the existing boundaries.
Section 5. Enhanced trail opportunities
Section 5 requires the Secretary of Agriculture, in
consultation with other parties, to develop a plan to provide
for enhanced nonmotorized recreation trail opportunities on
lands not designated as wilderness within the Monongahela
National Forest. A nonmotorized recreational trail is defined
as a trail designed for hiking, bicycling, and equestrian use.
The Secretary of Agriculture is required to submit to Congress
a report on the implementation of the plan not later than two
years after the date of the enactment of this Act.
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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate as wilderness additional
National Forest System lands in the Monongahela National Forest
in the State of West Virginia.
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. 5151--Wild Monongahela Act: A National Legacy for West Virginia's
Special Places
H.R. 5151 would designate approximately 38,000 acres of the
Monongahela National Forest in West Virginia as wilderness. The
bill also would adjust the boundary of the forest and require
the Secretary of Agriculture to develop a plan to enhance
trails within the forest.
Assuming the availability of appropriated funds, CBO
estimates that implementing the bill would cost $1.4 million
over the 2009-2013 period. The funds would be used to survey
and mark the wilderness area as well as to develop the trail
plan. Enacting this legislation would have no net impact on
direct spending and would not affect revenues.
H.R. 5151 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 contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 5151 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) 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
If enacted, this bill would make no changes in existing
law.