[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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