II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Benjamin Harrison 

5 National Recreation Area and Wilderness Establishment 

6 Act of 2024’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADVISORY COMMITTEE.—The term ‘‘Advi10 sory Committee’’ means the advisory committee for 


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1 the National Recreation Area established under sec2 tion 4(a)(1). 

3 (2) MANAGEMENT PLAN.—The term ‘‘Manage4 ment Plan’’ means the management plan for the Na5 tional Recreation Area and Wilderness developed 

6 under section 4(b). 

7 (3) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Benjamin Harrison National Recreation Area 

9 and Wilderness Establishment Act of 2023’’ and 

10 dated March 27, 2024. 

11 (4) NATIONAL RECREATION AREA.—The term 

12 ‘‘National Recreation Area’’ means the Benjamin 

13 Harrison National Recreation Area established by 

14 section 3(a)(2). 

15 (5) NATIONAL RECREATION AREA AND WILDER16 NESS.—The term ‘‘National Recreation Area and 

17 Wilderness’’ means the Benjamin Harrison National 

18 Recreation Area and Wilderness established by sec19 tion 3(a)(1). 

20 (6) NONWILDERNESS CORRIDOR.—The term 

21 ‘‘nonwilderness corridor’’ means the land 100 feet in 

22 width from either side of the centerline of the exist23 ing trails and roads, as depicted on the map as 

24 ‘‘Non-Wilderness Corridor’’, which is not included as 


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1 part of the ‘‘Proposed Wilderness’’, as depicted on 

2 the map. 

3 (7) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture, acting through the 

5 Chief of the Forest Service. 

6 (8) STATE.—The term ‘‘State’’ means the State 

7 of Indiana. 

8 (9) WILDERNESS ADDITION.—The term ‘‘Wil9 derness addition’’ means the land added to the 

10 Charles C. Deam Wilderness by section 3(a)(3). 

11 SEC. 3. BENJAMIN HARRISON NATIONAL RECREATION 

12 AREA AND WILDERNESS. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established in the 

15 State the Benjamin Harrison National Recreation 

16 Area and Wilderness as a subunit of the Hoosier 

17 National Forest, consisting of— 

18 (A) the National Recreation Area; and 

19 (B) the Wilderness addition. 

20 (2) BENJAMIN HARRISON NATIONAL RECRE21 ATION AREA.—There is established in the State the 

22 Benjamin Harrison National Recreation Area, con23 sisting of approximately 29,382 acres of National 

24 Forest System land depicted on the map as ‘‘Pro25 posed National Recreation Area (NRA)’’. 


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1 (3) CHARLES C. DEAM WILDERNESS ADDI2 TION.—The approximately 15,300 acres of National 

3 Forest System land in the State generally depicted 

4 on the map as ‘‘Proposed Wilderness’’ shall be 

5 added to and administered as part of the Charles C. 

6 Deam Wilderness in accordance with Public Law 

7 97–384 (16 U.S.C. 1132 note; 96 Stat. 1942), con8 sisting of— 

9 (A) the approximately 2,028.8 acres of Na10 tional Forest System land in the State generally 

11 depicted on the map as the ‘‘Deckard Ridge 

12 Units A, B, and C’’; 

13 (B) the approximately 2,633 acres of Na14 tional Forest System land in the State generally 

15 depicted on the map as the ‘‘Panther Creek 

16 Units A and B’’; 

17 (C) the approximately 5,456.9 acres of Na18 tional Forest System land in the State generally 

19 depicted on the map as the ‘‘Nebo Ridge Units 

20 A, B, C, D, and E’’; 

21 (D) the approximately 2,141.4 acres of 

22 National Forest System land in the State gen23 erally depicted on the map as the ‘‘Browning 

24 Mountain Unit’’; 


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1 (E) the approximately 2,161.9 acres of Na2 tional Forest System land in the State generally 

3 depicted on the map as the ‘‘Hickory Ridge 

4 Units A, B, C, D, and E’’; and 

5 (F) the approximately 878.3 acres of Na6 tional Forest System land in the State generally 

7 depicted on the map as the ‘‘Mose Ray Branch 

8 Unit’’. 

9 (4) AVAILABILITY OF MAP.—Not later than 30 

10 days after the date of enactment of this Act, the 

11 Secretary shall file the map, and make the map 

12 available for public inspection, in the appropriate of13 fices of the Forest Service. 

14 (b) ADMINISTRATION.—The Secretary shall man15 age— 

16 (1) the Wilderness addition (other than the 

17 nonwilderness corridors) in a manner that is con18 sistent with the Wilderness Act (16 U.S.C. 1131 et 

19 seq.); and 

20 (2) the National Recreation Area in a manner 

21 that ensures— 

22 (A) the protection of the water quality of 

23 the public water supply of Monroe Reservoir in 

24 the State in accordance with section 303(e)(1) 


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1 of the Healthy Forests Restoration Act of 2003 

2 (16 U.S.C. 6542(e)(1)); and 

3 (B) the promotion of recreational opportu4 nities in the National Recreation Area. 

5 (3) HUNTING, FISHING, AND TRAPPING.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary shall allow hunting, 

8 fishing, and trapping in the National Recre9 ation Area and Wilderness. 

10 (B) LIMITATIONS.—The Secretary, in con11 sultation with designees from the State Depart12 ment of Natural Resources and the Corps of 

13 Engineers, may, for reasons of public safety, 

14 species enhancement, or management of a spe15 cies listed as endangered or threatened under 

16 the Endangered Species Act of 1973 (16 U.S.C. 

17 1531 et seq.), designate areas in which, and es18 tablish seasons during which, no hunting, fish19 ing, or trapping is permitted in the National 

20 Recreation Area and Wilderness. 

21 (C) EFFECT.—Nothing in this Act affects 

22 the jurisdiction of the State with respect to fish 

23 and wildlife in the National Recreation Area 

24 and Wilderness. 

25 (4) RECREATION.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary shall— 

3 (i) in the National Recreation Area, 

4 continue to permit and provide for appro5 priate nonmotorized and motorized rec6 reational uses, including hiking, viewing of 

7 nature and wildlife, camping, horseback 

8 riding, mountain biking, and other existing 

9 recreational uses; and 

10 (ii) permit the nonmechanized rec11 reational use of the Wilderness addition, in 

12 accordance with the Wilderness Act (16 

13 U.S.C. 1131 et seq.) within the boundary 

14 of the ‘‘Proposed Wilderness’’ indicated on 

15 the map. 

16 (B) LIMITATIONS.—The Secretary, in con17 sultation with designees from the State Depart18 ment of Natural Resources and the Corps of 

19 Engineers, may designate zones in which, and 

20 establish periods during which, a recreational 

21 use shall not be permitted in the National 

22 Recreation Area and Wilderness under subpara23 graph (A) for reasons of public safety, species 

24 enhancement, or management of a species listed 

25 as endangered or threatened under the EndanVerDate Sep 11 2014 19:18 Jul 07, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4402.IS S4402

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1 gered Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.). 

3 (C) TRAIL PLAN.—Notwithstanding any 

4 provisions of the Wilderness Act (16 U.S.C. 

5 1131 et seq.) or any other provision of law, the 

6 Secretary, in consultation with interested par7 ties, shall establish a trail plan— 

8 (i) to maintain existing mountain 

9 biking, hiking, and equestrian trails in the 

10 nonwilderness corridors; and 

11 (ii) to develop mountain biking, hik12 ing, and equestrian trails in the National 

13 Recreation Area. 

14 (5) VEGETATION MANAGEMENT.— 

15 (A) WILDERNESS ADDITION.—Consistent 

16 with the Wilderness Act (16 U.S.C. 1131 et 

17 seq.), timber removal or management shall not 

18 be permitted in the Wilderness addition, except 

19 as the Secretary determines to be necessary for 

20 public safety and management of diseases, as 

21 described in section 293.3 of title 36, Code of 

22 Federal Regulations (or a successor regulation). 

23 (B) NATIONAL RECREATION AREA.—Vege24 tation management within the National Recre25 ation Area shall be consistent with— 


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1 (i) the Management Plan; and 

2 (ii) any applicable Forest Service land 

3 management plan. 

4 SEC. 4. NATIONAL RECREATION AREA ADVISORY COM5 MITTEE; MANAGEMENT PLAN. 

6 (a) NATIONAL RECREATION AREA FEDERAL ADVI7 SORY COMMITTEE.— 

8 (1) ESTABLISHMENT.—As soon as practicable 

9 after the date of enactment of this Act, the Sec10 retary shall establish an advisory committee to ad11 vise the Secretary with respect to the management 

12 of the National Recreation Area. 

13 (2) MEMBERSHIP.—The Advisory Committee 

14 shall be composed of members appointed by the Sec15 retary, from among— 

16 (A) representatives of local government; 

17 (B) forest ecologists; 

18 (C) experts in dispersed recreation; 

19 (D) local residents who own or reside in 

20 property located not more than 2 miles from 

21 the boundary of the National Recreation Area; 

22 (E) representatives of conservation and 

23 outdoor recreation groups; 

24 (F) consulting foresters; 


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1 (G) the Director of the State Department 

2 of Natural Resources (or designees); 

3 (H) wildlife experts; and 

4 (I) designees from the Corps of Engineers. 

5 (b) MANAGEMENT PLAN.— 

6 (1) IN GENERAL.—Not later than 5 years after 

7 the date of enactment of this Act, the Secretary 

8 shall develop a comprehensive management plan for 

9 the long-term protection and management of the 

10 National Recreation Area. 

11 (2) REQUIREMENTS.—The Management Plan 

12 shall— 

13 (A) be developed— 

14 (i) in consultation with the Advisory 

15 Committee; 

16 (ii) after providing an opportunity for 

17 public comment; and 

18 (iii) after engaging with interested or 

19 affected federally recognized Indian Tribes, 

20 other Federal agencies, and State and local 

21 governments, including the State Depart22 ment of Natural Resources; 

23 (B) address management issues associated 

24 with the National Recreation Area, including— 

25 (i) fires; 


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1 (ii) invasive species; 

2 (iii) the response to insect and disease 

3 infestations; 

4 (iv) measures needed to protect the 

5 public water supply provided by Monroe 

6 Reservoir; 

7 (v) the establishment, maintenance, 

8 and closure of camp sites, campgrounds, 

9 trails, and roadways; and 

10 (vi) any other issues identified by the 

11 Advisory Committee; and 

12 (C) include— 

13 (i) measures to preserve and protect 

14 native and historical resources, flora, 

15 fauna, and recreational, scenic, and aes16 thetic values within the National Recre17 ation Area; and 

18 (ii) measures to prevent degradation 

19 of the public water supply provided by 

20 Monroe Reservoir. 

21 SEC. 5. FUNDING. 

22 (a) NO ADDITIONAL FUNDS.—No additional funds 

23 are authorized to be appropriated to carry out this Act. 


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1 (b) USE OF EXISTING FUNDS.—This Act shall be 

2 carried out using amounts otherwise made available to the 

3 Secretary. 

4 SEC. 6. EFFECT. 

5 Nothing in this Act— 

6 (1) affects the Corps of Engineers use permits 

7 for flowage rights within the National Recreation 

8 Area and Wilderness established by the order enti9 tled ‘‘Joint Order Interchanging Administrative Ju10 risdiction of Department of the Army Lands and 

11 National Forest Lands’’ (35 Fed. Reg. 10382 (June 

12 25, 1970)); 

13 (2) prevents the Corps of Engineers from car14 rying out the water control management plan of the 

15 Corps of Engineers within the National Recreation 

16 Area and Wilderness as described in the Corps of 

17 Engineers water control manual; 

18 (3) prevents the Corps of Engineers from— 

19 (A) disposing of, or otherwise managing, 

20 real estate interests held by the Corps of Engi21 neers as of the date of enactment of this Act; 

22 or 

23 (B) acquiring additional real estate inter24 ests required to support the operation or main25 tenance of Monroe Lake; 


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1 (4) affects the use of motor vessels (as defined 

2 in section 2101 of title 46, United States Code) on 

3 Monroe Lake; 

4 (5) results in the closure of any State or county 

5 roadway in the National Recreation Area and the 

6 nonwilderness corridors; 

7 (6) precludes the ownership, use, or enjoyment 

8 of private land within the National Recreation Area 

9 and Wilderness; 

10 (7) otherwise affects access to private land or 

11 cemeteries within the National Recreation Area and 

12 Wilderness; 

13 (8) affects the access to land within the non14 wilderness corridors and within 100 feet of the outer 

15 boundary of the Wilderness addition by any State or 

16 private entity or organization with a permit, special 

17 use authorization, or other right to access land with18 in the Wilderness addition, as described in section 

19 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), for 

20 the purpose of maintaining infrastructure located 

21 within the Wilderness addition, including access 

22 by— 

23 (A) the Smithville Telephone Company; 

24 (B) Jackson County Water Utility; 

25 (C) Jackson County Rural Electric; 


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1 (D) the ANR Pipeline Company; 

2 (E) the Monroe County commissioners; 

3 (F) Hoosier Trails Council, BSA; and 

4 (G) the State Department of Natural Re5 sources; or 

6 (9) affects the access to land within the Wilder7 ness addition by the State Department of Natural 

8 Resources or appropriate public safety officers with 

9 the use of motor vehicles, mechanized equipment, or 

10 motorboats for emergencies involving the health and 

11 safety of persons within the Wilderness addition, in 

12 accordance with section 4(c) of the Wilderness Act 

13 (16 U.S.C. 1133(c)). 

Æ 


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