110th CONGRESS
1st Session
H. R. 707
To establish the Mountaintown National Scenic Area in the Chattahoochee
National Forest, Georgia, and to designate additional National Forest System
land in the State of Georgia as components of the National Wilderness Preservation
System.
IN THE HOUSE OF REPRESENTATIVES
January 29, 2007
Mr. DEAL of Georgia introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To establish the Mountaintown National Scenic Area in the Chattahoochee
National Forest, Georgia, and to designate additional National Forest System
land in the State of Georgia as components of the National Wilderness Preservation
System.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Chattahoochee National Forest Act of 2007'.
SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST,
GEORGIA.
(a) Establishment- There is hereby established in the Chattahoochee National
Forest in the State of Georgia the Mountaintown National Scenic Area (in
this section referred to as the `scenic area') consisting of approximately
13,382 acres, as generally depicted on the map entitled `Mountaintown Proposed
Scenic Area--Chattahoochee National Forest, Georgia' and dated May 3, 2006.
(b) Map and Descriptions- As soon as practicable after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to Congress a final
map and boundary description of the scenic area. The map and description
shall have the same force and effect as if included in this Act, except
that the Secretary may correct clerical and typographical errors in the
map and boundary description. The map and boundary description shall be
on file and available for public inspection in the Office of the Chief of
the Forest Service. In the case of any discrepancy between the acreage and
the map referred to in subsection (a) and the map and boundary description
required by this subsection, the map and boundary description required by
this subsection shall control.
(1) PURPOSES- The Secretary shall manage the scenic area for the purposes
of--
(A) ensuring the appropriate protection and preservation of the scenic
quality, water quality, natural characteristics, and water resources
of the area;
(B) protecting and managing vegetation in the area to provide wildlife
and fish habitat, consistent with subparagraph (A);
(C) providing parcels within the area that may develop characteristics
of old-growth forests; and
(D) providing a variety of recreation opportunities, consistent with
the preceding purposes.
(2) PRIORITY- In the case of a conflict between the management purposes
specified in paragraph (1) and the laws and regulations generally applicable
to the National Forest System, the management purposes shall take precedence.
(d) Management Plan- Not later than three years after the date of the enactment
of this Act, the Secretary shall develop a management plan for the scenic
area as an amendment to the land and resource management plan for the Chattahoochee
National Forest. The amendment shall conform to the requirements of this
section. Nothing in this section shall require the Secretary to revise the
land and resource management plan for the Chattahoochee National Forest
pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
(e) Roads- After the date of the enactment of this Act, no new roads shall
be constructed or established within the scenic area, except that this prohibition
shall not be construed to deny access to private lands or interests therein
in the scenic area.
(f) Vegetation Management- No timber harvest shall be allowed within the
scenic area, except as may be necessary in the control of fire, insects,
and diseases and to provide for public safety and trail access. Notwithstanding
the foregoing, the Secretary may engage in vegetation manipulation practices
for maintenance of existing wildlife clearings and visual quality. Firewood
may be harvested for personal use along perimeter roads under such conditions
as the Secretary may impose.
(g) Motorized Travel- Motorized travel shall not be permitted within the
scenic area, except that the Secretary may authorize motorized travel within
the scenic area as necessary for administrative use in furtherance of the
management purposes specified in subsection (c)(1) and in support of wildlife
management projects in existence as of the date of the enactment of this
Act.
(h) Fire- Wildfires in the scenic area shall be suppressed in a manner consistent
with the management purposes specified in subsection (c)(1), using such
means as the Secretary considers appropriate.
(i) Insects and Disease- Insect and disease outbreaks may be controlled
in the scenic area to maintain scenic quality, prevent tree mortality, reduce
hazards to visitors, or protect private lands.
(j) Water- The scenic area shall be administered so as to maintain or enhance
existing water quality.
(k) Mining Withdrawal- Subject to valid existing rights, all federally owned
lands in the scenic area are hereby withdrawn from location, entry, and
patent under the mining laws of the United States and from leasing claims
under the mineral and geothermal leasing laws of the United States, including
amendments to such laws.
SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS
IN GEORGIA.
(a) Designation- In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), the following lands in the State of Georgia, which
are administered by the Secretary of Agriculture as part of the Chattahoochee
National Forest and comprise approximately 8,448 acres, as generally depicted
on the maps dated May 3, 2006, and entitled `Proposed Wilderness Additions--Chattahoochee
National Forest', are hereby designated as wilderness and incorporated into
the existing wilderness area to which they adjoin:
(1) Three additions to the existing Southern Nantahala Wilderness: Ben
Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate
Branch, consisting of 1,085 acres.
(2) One addition to the existing Blood Mountain Wilderness: Cedar Mountain,
consisting of 561 acres.
(3) Two additions to the existing Brasstown Wilderness: Duck Branch, consisting
of 190 acres, and Wilson Cove, consisting of 563 acres.
(4) One addition to the existing Ellicott Rock Wilderness: Ellicott Rock
Addition, consisting of 562 acres.
(5) Two additions to the existing Cohutta Wilderness: Foster Branch, consisting
of 165 acres, and Ken Mountain, consisting of 527 acres.
(6) One addition to the existing Raven Cliffs Wilderness: Helton Creek,
consisting of 2,451 acres.
(7) One addition to the existing Tray Mountain Wilderness: Tripp Branch,
consisting of 638 acres.
(b) Maps and Legal Descriptions- As soon as practicable after the date of
the enactment of this Act, the Secretary shall submit to Congress final
maps and boundary descriptions of the lands designated as wilderness by
this section. The maps and descriptions shall have the same force and effect
as if included in this Act, except that the Secretary may correct clerical
and typographical errors in the maps and boundary descriptions. The maps
and boundary descriptions shall be on file and available for public inspection
in the Office of the Chief of the Forest Service.
(1) IN GENERAL- Subject to valid existing rights, the Secretary shall
administer the lands designated as wilderness by this section in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section.
(2) EFFECTIVE DATE OF WILDERNESS ACT- With respect to the land designated
as wilderness by this section, 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 enactment of this Act.
(3) 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 shall be construed
as affecting the jurisdiction or responsibilities of the State of Georgia
with respect to fish and wildlife in the Chattahoochee National Forest.
(4) WITHDRAWAL- Subject to valid existing rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this section is withdrawn from all forms of entry, appropriation, or disposal
under the public land laws; location, entry, and patent under the mining
laws; and disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials.
END
