---
kind: "section"
citation: "16 U.S.C. § 546b"
title: "16"
title_heading: "Conservation"
number: "546b"
heading: "Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/546b"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter II — Scenic Areas"
---

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

- (a) **Establishment—** There are designated as National [Scenic Areas](/usc/16/544.md?p=o)—
  - (1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Seng Mountain and Raccoon Branch” and dated April 28, 2008, which shall be known as the “Seng Mountain National [Scenic Area](/usc/16/544.md?p=o)”; and
  - (2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Bear Creek” and dated April 28, 2008, which shall be known as the “Bear Creek National [Scenic Area](/usc/16/544.md?p=o)”.
- (b) **Purposes—** The purposes of the [scenic areas](/usc/16/544.md?p=o) are—
  - (1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the [scenic areas](/usc/16/544.md?p=o);
  - (2) consistent with [paragraph (1)](#b-1), to protect wildlife and fish habitat in the [scenic areas](/usc/16/544.md?p=o);
  - (3) to protect [areas](/usc/16/539m–1.md?p=1-A) in the [scenic areas](/usc/16/544.md?p=o) that may develop characteristics of old-growth forests; and
  - (4) consistent with paragraphs [(1)](#b-1), [(2)](#b-2), and [(3)](#b-3), to provide a variety of recreation opportunities in the [scenic areas](/usc/16/544.md?p=o).
- (c) **Administration—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [scenic areas](/usc/16/544.md?p=o) in accordance with—
    - (A) this subtitle; and
    - (B) the laws (including regulations) generally applicable to the National Forest System.
  - (2) **Authorized uses—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall only allow uses of the [scenic areas](/usc/16/544.md?p=o) that the [Secretary](/usc/16/410r–5.md?p=c-1) determines will further the purposes of the [scenic areas](/usc/16/544.md?p=o), as described in [subsection (b)](#b).
- (d) **Management plan—**
  - (1) **In general—** Not later than 2 years after March 30, 2009, the [Secretary](/usc/16/410r–5.md?p=c-1) shall develop as an amendment to the land and resource [management plan](/usc/16/544.md?p=k) for the Jefferson National Forest a [management plan](/usc/16/544.md?p=k) for the [scenic areas](/usc/16/544.md?p=o).
  - (2) **Effect—** Nothing in this subsection requires the [Secretary](/usc/16/410r–5.md?p=c-1) to revise the land and resource [management plan](/usc/16/544.md?p=k) for the Jefferson National Forest under [section 1604 of this title](/usc/16/1604.md).
- (e) **Roads—**
  - (1) **In general—** Except as provided in [paragraph (2)](#e-2), after March 30, 2009, no roads shall be established or constructed within the [scenic areas](/usc/16/544.md?p=o).
  - (2) **Limitation—** Nothing in this subsection denies any [owner](/usc/16/429b–3.md?p=4) of private land (or an interest in private land) that is located in a [scenic area](/usc/16/544.md?p=o) the right to access the private land.
- (f) **Timber harvest—**
  - (1) **In general—** Except as provided in paragraphs [(2)](#f-2) and [(3)](#f-3), no harvesting of timber shall be allowed within the [scenic areas](/usc/16/544.md?p=o).
  - (2) **Exceptions—** The [Secretary](/usc/16/410r–5.md?p=c-1) may authorize harvesting of timber in the [scenic areas](/usc/16/544.md?p=o) if the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/544.md?p=o), subject to any conditions that the [Secretary](/usc/16/410r–5.md?p=c-1) may impose.
- (g) **Insect and disease outbreaks—** The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) may engage in vegetation manipulation practices in the [scenic areas](/usc/16/544.md?p=o) to maintain the visual quality and wildlife clearings in existence on March 30, 2009.
- (i) **Motorized vehicles—**
  - (1) **In general—** Except as provided in [paragraph (2)](#i-2), motorized vehicles shall not be allowed within the [scenic areas](/usc/16/544.md?p=o).
  - (2) **Exceptions—** The [Secretary](/usc/16/410r–5.md?p=c-1) may authorize the use of motorized vehicles—
    - (A) to carry out administrative activities that further the purposes of the [scenic areas](/usc/16/544.md?p=o), as described in [subsection (b)](#b);
    - (B) to assist wildlife management [projects](/usc/16/410r–5.md?p=c-4) 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](/usc/16/430f–7.md?p=1) described in [subsection (a)(2)](#a-2) as “open seasonally”.
- (j) **Wildfire suppression—** Wildfire suppression within the [scenic areas](/usc/16/544.md?p=o) shall be conducted—
  - (1) in a manner consistent with the purposes of the [scenic areas](/usc/16/544.md?p=o), as described in [subsection (b)](#b); and
  - (2) using such means as the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be appropriate.
- (k) **Water—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [scenic areas](/usc/16/544.md?p=o) in a manner that maintains and enhances water quality.
- (l) **Withdrawal—** Subject to valid existing rights, all [Federal land](/usc/16/3102.md?p=2) in the [scenic areas](/usc/16/544.md?p=o) is withdrawn from—
  - (1) location, entry, and patent under the mining laws; and
  - (2) operation of the mineral leasing and geothermal leasing laws.

## Source credit

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

## Notes

### 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]: Scenic areas.—The term ‘scenic areas’ means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area. Secretary.—The term ‘Secretary’ means the Secretary of Agriculture.”