[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4402 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4402

    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

                              May 23, 2024

   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 2024''.

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 March 27, 2024.
            (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) Nonwilderness corridor.--The term ``nonwilderness 
        corridor'' means the land 100 feet in width from either side of 
        the centerline of the existing trails and roads, as depicted on 
        the map as ``Non-Wilderness Corridor'', which is not included 
        as part of the ``Proposed Wilderness'', as depicted on the map.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (8) State.--The term ``State'' means the State of Indiana.
            (9) 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), consisting of--
                    (A) the approximately 2,028.8 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Deckard Ridge Units A, B, and C'';
                    (B) the approximately 2,633 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Panther Creek Units A and B'';
                    (C) the approximately 5,456.9 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Nebo Ridge Units A, B, C, D, and E'';
                    (D) the approximately 2,141.4 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Browning Mountain Unit'';
                    (E) the approximately 2,161.9 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Hickory Ridge Units A, B, C, D, and 
                E''; and
                    (F) the approximately 878.3 acres of National 
                Forest System land in the State generally depicted on 
                the map as the ``Mose Ray Branch Unit''.
            (4) Availability of map.--Not later than 30 days after the 
        date of enactment of this Act, the Secretary shall file the 
        map, and make the map available for public inspection, in the 
        appropriate offices of the Forest Service.
    (b) Administration.--The Secretary shall manage--
            (1) the Wilderness addition (other than the nonwilderness 
        corridors) in a manner that is consistent with the Wilderness 
        Act (16 U.S.C. 1131 et seq.); 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 nonmechanized 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.
                    (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.--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 
                        nonwilderness corridors; and
                            (ii) to develop mountain biking, hiking, 
                        and equestrian trails in the National 
                        Recreation Area.
            (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 the nonwilderness 
        corridors;
            (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 nonwilderness 
        corridors and within 100 feet of the outer boundary of 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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