16 USC 546b - Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia

U.S Code last checked for updates: May 04, 2024

§ 546b.

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

(d)

Management plan

(1)

In general

(2)

Effect

(e)

Roads

(1)

In general

(2)

Limitation

(f)

Timber harvest

(1)

In general

(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

(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

(i)

Motorized vehicles

(1)

In general

(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 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

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

(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.

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

cite as: 16 USC 546b