II 

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. 

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 2023’’. 

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 September 28, 2023. 

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) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture, acting through the 

22 Chief of the Forest Service. 

23 (7) STATE.—The term ‘‘State’’ means the State 

24 of Indiana. 


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1 (8) WILDERNESS ADDITION.—The term ‘‘Wil2 derness addition’’ means the land added to the 

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

4 SEC. 3. BENJAMIN HARRISON NATIONAL RECREATION 

5 AREA AND WILDERNESS. 

6 (a) ESTABLISHMENT.— 

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

8 State the Benjamin Harrison National Recreation 

9 Area and Wilderness as a subunit of the Hoosier 

10 National Forest, consisting of— 

11 (A) the National Recreation Area; and 

12 (B) the Wilderness addition. 

13 (2) BENJAMIN HARRISON NATIONAL RECRE14 ATION AREA.—There is established in the State the 

15 Benjamin Harrison National Recreation Area, con16 sisting of approximately 29,382 acres of National 

17 Forest System land depicted on the map as ‘‘Pro18 posed National Recreation Area (NRA)’’. 

19 (3) CHARLES C. DEAM WILDERNESS ADDI20 TION.—The approximately 15,300 acres of National 

21 Forest System land in the State generally depicted 

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

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

24 Deam Wilderness in accordance with Public Law 

25 97–384 (16 U.S.C. 1132 note; 96 Stat. 1942). 


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1 (4) AVAILABILITY OF MAP.—The map shall be 

2 on file and available for public inspection in the ap3 propriate offices of the Forest Service. 

4 (b) ADMINISTRATION.—The Secretary shall man5 age— 

6 (1) the Wilderness addition in a manner that is 

7 consistent with the Wilderness Act (16 U.S.C. 1131 

8 et seq.), except that the setback for trails and roads 

9 in the area depicted on the map as ‘‘Proposed Wil10 derness’’ and the setback for any trails in the Wil11 derness addition established under subparagraph 

12 (C)(ii) of paragraph (4) that is excluded from the 

13 Wilderness addition under subparagraph (A)(ii) of 

14 that paragraph shall not be subject to that Act; and 

15 (2) the National Recreation Area in a manner 

16 that ensures— 

17 (A) the protection of the water quality of 

18 the public water supply of Monroe Reservoir in 

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

20 of the Healthy Forests Restoration Act of 2003 

21 (16 U.S.C. 6542(e)(1)); and 

22 (B) the promotion of recreational opportu23 nities in the National Recreation Area. 

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


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

3 fishing, and trapping in the National Recre4 ation Area and Wilderness. 

5 (B) LIMITATIONS.—The Secretary, in con6 sultation with designees from the State Depart7 ment of Natural Resources and the Corps of 

8 Engineers, may, for reasons of public safety, 

9 species enhancement, or management of a spe10 cies listed as endangered or threatened under 

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

12 1531 et seq.), designate areas in which, and es13 tablish seasons during which, no hunting, fish14 ing, or trapping is permitted in the National 

15 Recreation Area and Wilderness. 

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

17 the jurisdiction of the State with respect to fish 

18 and wildlife in the National Recreation Area 

19 and Wilderness. 

20 (4) RECREATION.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the Secretary shall— 

23 (i) in the National Recreation Area, 

24 continue to permit and provide for appro25 priate nonmotorized and motorized recVerDate Sep 11 2014 01:52 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2990.IS S2990

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1 reational uses, including hiking, viewing of 

2 nature and wildlife, camping, horseback 

3 riding, mountain biking, and other existing 

4 recreational uses; and 

5 (ii) permit the nonmotorized rec6 reational use of the Wilderness addition, in 

7 accordance with the Wilderness Act (16 

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

9 of the ‘‘Proposed Wilderness’’ indicated on 

10 the map (excluding the setback for trails 

11 and roads in the area depicted on the map 

12 as ‘‘Proposed Wilderness’’ that is excluded 

13 from the Wilderness addition pursuant to 

14 the setback established under subpara15 graph (C)(ii)). 

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 01:52 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2990.IS S2990

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

2 seq.). 

3 (C) TRAIL PLAN.— 

4 (i) IN GENERAL.—Notwithstanding 

5 any provisions of the Wilderness Act (16 

6 U.S.C. 1131 et seq.) or any other provision 

7 of law, the Secretary, in consultation with 

8 interested parties, shall establish a trail 

9 plan— 

10 (I) to maintain existing mountain 

11 biking, hiking, and equestrian trails in 

12 the Wilderness addition; and 

13 (II) to develop mountain biking, 

14 hiking, and equestrian trails in the 

15 National Recreation Area. 

16 (ii) SETBACK.—There shall be estab17 lished a 100-feet setback from the center18 line of each trail identified in the Wilder19 ness addition in accordance with the trail 

20 plan established under clause (i) to exclude 

21 the trail from the Wilderness addition 

22 under subparagraph (A)(ii). 

23 (5) VEGETATION MANAGEMENT.— 

24 (A) WILDERNESS ADDITION.—Consistent 

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


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1 seq.), timber removal or management shall not 

2 be permitted in the Wilderness addition, except 

3 as the Secretary determines to be necessary for 

4 public safety and management of diseases, as 

5 described in section 293.3 of title 36, Code of 

6 Federal Regulations (or a successor regulation). 

7 (B) NATIONAL RECREATION AREA.—Vege8 tation management within the National Recre9 ation Area shall be consistent with— 

10 (i) the Management Plan; and 

11 (ii) any applicable Forest Service land 

12 management plan. 

13 SEC. 4. NATIONAL RECREATION AREA ADVISORY COM14 MITTEE; MANAGEMENT PLAN. 

15 (a) NATIONAL RECREATION AREA FEDERAL ADVI16 SORY COMMITTEE.— 

17 (1) ESTABLISHMENT.—As soon as practicable 

18 after the date of enactment of this Act, the Sec19 retary shall establish an advisory committee to ad20 vise the Secretary with respect to the management 

21 of the National Recreation Area. 

22 (2) MEMBERSHIP.—The Advisory Committee 

23 shall be composed of members appointed by the Sec24 retary, from among— 

25 (A) representatives of local government; 


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1 (B) forest ecologists; 

2 (C) experts in dispersed recreation; 

3 (D) local residents who own or reside in 

4 property located not more than 2 miles from 

5 the boundary of the National Recreation Area; 

6 (E) representatives of conservation and 

7 outdoor recreation groups; 

8 (F) consulting foresters; 

9 (G) the Director of the State Department 

10 of Natural Resources (or designees); 

11 (H) wildlife experts; and 

12 (I) designees from the Corps of Engineers. 

13 (b) MANAGEMENT PLAN.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall develop a comprehensive management plan for 

17 the long-term protection and management of the 

18 National Recreation Area. 

19 (2) REQUIREMENTS.—The Management Plan 

20 shall— 

21 (A) be developed— 

22 (i) in consultation with the Advisory 

23 Committee; 

24 (ii) after providing an opportunity for 

25 public comment; and 


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1 (iii) after engaging with interested or 

2 affected federally recognized Indian Tribes, 

3 other Federal agencies, and State and local 

4 governments, including the State Depart5 ment of Natural Resources; 

6 (B) address management issues associated 

7 with the National Recreation Area, including— 

8 (i) fires; 

9 (ii) invasive species; 

10 (iii) the response to insect and disease 

11 infestations; 

12 (iv) measures needed to protect the 

13 public water supply provided by Monroe 

14 Reservoir; 

15 (v) the establishment, maintenance, 

16 and closure of camp sites, campgrounds, 

17 trails, and roadways; and 

18 (vi) any other issues identified by the 

19 Advisory Committee; and 

20 (C) include— 

21 (i) measures to preserve and protect 

22 native and historical resources, flora, 

23 fauna, and recreational, scenic, and aes24 thetic values within the National Recre25 ation Area; and 


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1 (ii) measures to prevent degradation 

2 of the public water supply provided by 

3 Monroe Reservoir. 

4 SEC. 5. FUNDING. 

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

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

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

8 carried out using amounts otherwise made available to the 

9 Secretary. 

10 SEC. 6. EFFECT. 

11 Nothing in this Act— 

12 (1) affects the Corps of Engineers use permits 

13 for flowage rights within the National Recreation 

14 Area and Wilderness established by the order enti15 tled ‘‘Joint Order Interchanging Administrative Ju16 risdiction of Department of the Army Lands and 

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

18 25, 1970)); 

19 (2) prevents the Corps of Engineers from car20 rying out the water control management plan of the 

21 Corps of Engineers within the National Recreation 

22 Area and Wilderness as described in the Corps of 

23 Engineers water control manual; 

24 (3) prevents the Corps of Engineers from— 


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1 (A) disposing of, or otherwise managing, 

2 real estate interests held by the Corps of Engi3 neers as of the date of enactment of this Act; 

4 or 

5 (B) acquiring additional real estate inter6 ests required to support the operation or main7 tenance of Monroe Lake; 

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

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

10 Monroe Lake; 

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

12 roadway in the National Recreation Area and Wil13 derness; 

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

15 of private land within the National Recreation Area 

16 and Wilderness; 

17 (7) otherwise affects access to private land or 

18 cemeteries within the National Recreation Area and 

19 Wilderness; 

20 (8) affects the access to land within the Wilder21 ness addition by any State or private entity or orga22 nization with a permit, special use authorization, or 

23 other right to access land within the Wilderness ad24 dition, as described in section 5(a) of the Wilderness 

25 Act (16 U.S.C. 1134(a)), for the purpose of mainVerDate Sep 11 2014 01:52 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2990.IS S2990

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1 taining infrastructure located within the Wilderness 

2 addition, including access by— 

3 (A) the Smithville Telephone Company; 

4 (B) Jackson County Water Utility; 

5 (C) Jackson County Rural Electric; 

6 (D) the ANR Pipeline Company; 

7 (E) the Monroe County commissioners; 

8 (F) Hoosier Trails Council, BSA; and 

9 (G) the State Department of Natural Re10 sources; or 

11 (9) affects the access to land within the Wilder12 ness addition by the State Department of Natural 

13 Resources or appropriate public safety officers with 

14 the use of motor vehicles, mechanized equipment, or 

15 motorboats for emergencies involving the health and 

16 safety of persons within the Wilderness addition, in 

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

18 (16 U.S.C. 1133(c)). 

Æ 


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