[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2990 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2990

    To establish the Benjamin Harrison National Recreation Area and 
      Wilderness in the State of Indiana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

   Mr. Braun introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To establish the Benjamin Harrison National Recreation Area and 
      Wilderness in the State of Indiana, and for other purposes.

    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 ``Benjamin Harrison National 
Recreation Area and Wilderness Establishment Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee for the National Recreation Area 
        established under section 4(a)(1).
            (2) Management plan.--The term ``Management Plan'' means 
        the management plan for the National Recreation Area and 
        Wilderness developed under section 4(b).
            (3) Map.--The term ``map'' means the map entitled 
        ``Benjamin Harrison National Recreation Area and Wilderness 
        Establishment Act of 2023'' and dated September 28, 2023.
            (4) National recreation area.--The term ``National 
        Recreation Area'' means the Benjamin Harrison National 
        Recreation Area established by section 3(a)(2).
            (5) National recreation area and wilderness.--The term 
        ``National Recreation Area and Wilderness'' means the Benjamin 
        Harrison National Recreation Area and Wilderness established by 
        section 3(a)(1).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (7) State.--The term ``State'' means the State of Indiana.
            (8) Wilderness addition.--The term ``Wilderness addition'' 
        means the land added to the Charles C. Deam Wilderness by 
        section 3(a)(3).

SEC. 3. BENJAMIN HARRISON NATIONAL RECREATION AREA AND WILDERNESS.

    (a) Establishment.--
            (1) In general.--There is established in the State the 
        Benjamin Harrison National Recreation Area and Wilderness as a 
        subunit of the Hoosier National Forest, consisting of--
                    (A) the National Recreation Area; and
                    (B) the Wilderness addition.
            (2) Benjamin harrison national recreation area.--There is 
        established in the State the Benjamin Harrison National 
        Recreation Area, consisting of approximately 29,382 acres of 
        National Forest System land depicted on the map as ``Proposed 
        National Recreation Area (NRA)''.
            (3) Charles c. deam wilderness addition.--The approximately 
        15,300 acres of National Forest System land in the State 
        generally depicted on the map as ``Proposed Wilderness'' shall 
        be added to and administered as part of the Charles C. Deam 
        Wilderness in accordance with Public Law 97-384 (16 U.S.C. 1132 
        note; 96 Stat. 1942).
            (4) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Forest Service.
    (b) Administration.--The Secretary shall manage--
            (1) the Wilderness addition in a manner that is consistent 
        with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 
        the setback for trails and roads in the area depicted on the 
        map as ``Proposed Wilderness'' and the setback for any trails 
        in the Wilderness addition established under subparagraph 
        (C)(ii) of paragraph (4) that is excluded from the Wilderness 
        addition under subparagraph (A)(ii) of that paragraph shall not 
        be subject to that Act; and
            (2) the National Recreation Area in a manner that ensures--
                    (A) the protection of the water quality of the 
                public water supply of Monroe Reservoir in the State in 
                accordance with section 303(e)(1) of the Healthy 
                Forests Restoration Act of 2003 (16 U.S.C. 6542(e)(1)); 
                and
                    (B) the promotion of recreational opportunities in 
                the National Recreation Area.
            (3) Hunting, fishing, and trapping.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall allow hunting, fishing, and trapping in 
                the National Recreation Area and Wilderness.
                    (B) Limitations.--The Secretary, in consultation 
                with designees from the State Department of Natural 
                Resources and the Corps of Engineers, may, for reasons 
                of public safety, species enhancement, or management of 
                a species listed as endangered or threatened under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), designate areas in which, and establish seasons 
                during which, no hunting, fishing, or trapping is 
                permitted in the National Recreation Area and 
                Wilderness.
                    (C) Effect.--Nothing in this Act affects the 
                jurisdiction of the State with respect to fish and 
                wildlife in the National Recreation Area and 
                Wilderness.
            (4) Recreation.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall--
                            (i) in the National Recreation Area, 
                        continue to permit and provide for appropriate 
                        nonmotorized and motorized recreational uses, 
                        including hiking, viewing of nature and 
                        wildlife, camping, horseback riding, mountain 
                        biking, and other existing recreational uses; 
                        and
                            (ii) permit the nonmotorized recreational 
                        use of the Wilderness addition, in accordance 
                        with the Wilderness Act (16 U.S.C. 1131 et 
                        seq.) within the boundary of the ``Proposed 
                        Wilderness'' indicated on the map (excluding 
                        the setback for trails and roads in the area 
                        depicted on the map as ``Proposed Wilderness'' 
                        that is excluded from the Wilderness addition 
                        pursuant to the setback established under 
                        subparagraph (C)(ii)).
                    (B) Limitations.--The Secretary, in consultation 
                with designees from the State Department of Natural 
                Resources and the Corps of Engineers, may designate 
                zones in which, and establish periods during which, a 
                recreational use shall not be permitted in the National 
                Recreation Area and Wilderness under subparagraph (A) 
                for reasons of public safety, species enhancement, or 
                management of a species listed as endangered or 
                threatened under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.).
                    (C) Trail plan.--
                            (i) In general.--Notwithstanding any 
                        provisions of the Wilderness Act (16 U.S.C. 
                        1131 et seq.) or any other provision of law, 
                        the Secretary, in consultation with interested 
                        parties, shall establish a trail plan--
                                    (I) to maintain existing mountain 
                                biking, hiking, and equestrian trails 
                                in the Wilderness addition; and
                                    (II) to develop mountain biking, 
                                hiking, and equestrian trails in the 
                                National Recreation Area.
                            (ii) Setback.--There shall be established a 
                        100-feet setback from the centerline of each 
                        trail identified in the Wilderness addition in 
                        accordance with the trail plan established 
                        under clause (i) to exclude the trail from the 
                        Wilderness addition under subparagraph (A)(ii).
            (5) Vegetation management.--
                    (A) Wilderness addition.--Consistent with the 
                Wilderness Act (16 U.S.C. 1131 et seq.), timber removal 
                or management shall not be permitted in the Wilderness 
                addition, except as the Secretary determines to be 
                necessary for public safety and management of diseases, 
                as described in section 293.3 of title 36, Code of 
                Federal Regulations (or a successor regulation).
                    (B) National recreation area.--Vegetation 
                management within the National Recreation Area shall be 
                consistent with--
                            (i) the Management Plan; and
                            (ii) any applicable Forest Service land 
                        management plan.

SEC. 4. NATIONAL RECREATION AREA ADVISORY COMMITTEE; MANAGEMENT PLAN.

    (a) National Recreation Area Federal Advisory Committee.--
            (1) Establishment.--As soon as practicable after the date 
        of enactment of this Act, the Secretary shall establish an 
        advisory committee to advise the Secretary with respect to the 
        management of the National Recreation Area.
            (2) Membership.--The Advisory Committee shall be composed 
        of members appointed by the Secretary, from among--
                    (A) representatives of local government;
                    (B) forest ecologists;
                    (C) experts in dispersed recreation;
                    (D) local residents who own or reside in property 
                located not more than 2 miles from the boundary of the 
                National Recreation Area;
                    (E) representatives of conservation and outdoor 
                recreation groups;
                    (F) consulting foresters;
                    (G) the Director of the State Department of Natural 
                Resources (or designees);
                    (H) wildlife experts; and
                    (I) designees from the Corps of Engineers.
    (b) Management Plan.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall develop a 
        comprehensive management plan for the long-term protection and 
        management of the National Recreation Area.
            (2) Requirements.--The Management Plan shall--
                    (A) be developed--
                            (i) in consultation with the Advisory 
                        Committee;
                            (ii) after providing an opportunity for 
                        public comment; and
                            (iii) after engaging with interested or 
                        affected federally recognized Indian Tribes, 
                        other Federal agencies, and State and local 
                        governments, including the State Department of 
                        Natural Resources;
                    (B) address management issues associated with the 
                National Recreation Area, including--
                            (i) fires;
                            (ii) invasive species;
                            (iii) the response to insect and disease 
                        infestations;
                            (iv) measures needed to protect the public 
                        water supply provided by Monroe Reservoir;
                            (v) the establishment, maintenance, and 
                        closure of camp sites, campgrounds, trails, and 
                        roadways; and
                            (vi) any other issues identified by the 
                        Advisory Committee; and
                    (C) include--
                            (i) measures to preserve and protect native 
                        and historical resources, flora, fauna, and 
                        recreational, scenic, and aesthetic values 
                        within the National Recreation Area; and
                            (ii) measures to prevent degradation of the 
                        public water supply provided by Monroe 
                        Reservoir.

SEC. 5. FUNDING.

    (a) No Additional Funds.--No additional funds are authorized to be 
appropriated to carry out this Act.
    (b) Use of Existing Funds.--This Act shall be carried out using 
amounts otherwise made available to the Secretary.

SEC. 6. EFFECT.

    Nothing in this Act--
            (1) affects the Corps of Engineers use permits for flowage 
        rights within the National Recreation Area and Wilderness 
        established by the order entitled ``Joint Order Interchanging 
        Administrative Jurisdiction of Department of the Army Lands and 
        National Forest Lands'' (35 Fed. Reg. 10382 (June 25, 1970));
            (2) prevents the Corps of Engineers from carrying out the 
        water control management plan of the Corps of Engineers within 
        the National Recreation Area and Wilderness as described in the 
        Corps of Engineers water control manual;
            (3) prevents the Corps of Engineers from--
                    (A) disposing of, or otherwise managing, real 
                estate interests held by the Corps of Engineers as of 
                the date of enactment of this Act; or
                    (B) acquiring additional real estate interests 
                required to support the operation or maintenance of 
                Monroe Lake;
            (4) affects the use of motor vessels (as defined in section 
        2101 of title 46, United States Code) on Monroe Lake;
            (5) results in the closure of any State or county roadway 
        in the National Recreation Area and Wilderness;
            (6) precludes the ownership, use, or enjoyment of private 
        land within the National Recreation Area and Wilderness;
            (7) otherwise affects access to private land or cemeteries 
        within the National Recreation Area and Wilderness;
            (8) affects the access to land within the Wilderness 
        addition by any State or private entity or organization with a 
        permit, special use authorization, or other right to access 
        land within the Wilderness addition, as described in section 
        5(a) of the Wilderness Act (16 U.S.C. 1134(a)), for the purpose 
        of maintaining infrastructure located within the Wilderness 
        addition, including access by--
                    (A) the Smithville Telephone Company;
                    (B) Jackson County Water Utility;
                    (C) Jackson County Rural Electric;
                    (D) the ANR Pipeline Company;
                    (E) the Monroe County commissioners;
                    (F) Hoosier Trails Council, BSA; and
                    (G) the State Department of Natural Resources; or
            (9) affects the access to land within the Wilderness 
        addition by the State Department of Natural Resources or 
        appropriate public safety officers with the use of motor 
        vehicles, mechanized equipment, or motorboats for emergencies 
        involving the health and safety of persons within the 
        Wilderness addition, in accordance with section 4(c) of the 
        Wilderness Act (16 U.S.C. 1133(c)).
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