§546b — Title 16 Conservation | U.S. Code

Summary

Creates two National Scenic Areas inside the Jefferson National Forest: Seng Mountain (about 5,192 acres) and Bear Creek (about 5,128 acres), shown on maps dated April 28, 2008. The areas must be managed to protect their scenic look, water quality, natural features, wildlife and fish habitat, and places that could become old-growth forest, while also offering recreation. The Secretary must write a management plan for the areas as an amendment to the forest plan within two years after March 30, 2009. After March 30, 2009, no new roads are allowed inside the areas, but private landowners still have the right to reach their property. Timber cutting is generally banned except to fight fires, protect public safety or trails, or control insects and disease; people may gather firewood for personal use along perimeter roads if allowed. The Secretary may treat insects, disease, and vegetation to keep scenery and wildlife clearings as they were on March 30, 2009. Motor vehicles are mostly banned, with limited use for administration, existing wildlife projects, and certain roads during deer and bear seasons. Firefighting must fit the areas’ purposes. The lands are withdrawn from mining and mineral or geothermal leasing, subject to any valid existing rights.

Title 16, §546b

Conservation — Source: USLM XML via OLRC

(a)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)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)(1)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)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)(1)Not later than 2 years after March 30, 2009, 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)Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 1604 of this title.

(e)(1)Except as provided in paragraph (2), after March 30, 2009, no roads shall be established or constructed within the scenic areas.

(2)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)(1)Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.

(2)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 may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.

(g)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)The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on March 30, 2009.

(i)(1)Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.

(2)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 March 30, 2009; 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 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)The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.

(l)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subtitle, referred to in subsec. (c)(1)(A), is subtitle B (§§ 1101–1107) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1002, which enacted this section and section 546b–1 of this title, enacted provisions set out as a note below, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of subtitle B to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Definitions Pub. L. 111–11, title I, § 1101, Mar. 30, 2009, 123 Stat. 1002, provided that: “In this subtitle [subtitle B (§§ 1101–1107) of title I of Pub. L. 111–11, enacting this section and section 546b–1 of this title and enacting and amending provisions listed in a table of Wilderness Areas set out under section 1132 of this title]: “(1) Scenic areas.—The term ‘scenic areas’ means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area. “(2) Secretary.—The term ‘Secretary’ means the Secretary of Agriculture.”

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