S.Amdt. 3268

SA 3268. Mr. BRAUN (for himself and Mr. Kaine) submitted an amendment

[[Page S6031]]

intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1095. BENJAMIN HARRISON NATIONAL RECREATION AREA AND
WILDERNESS.

(a) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee for the National Recreation Area
established under subsection (d)(1)
(2) Management plan.--The term ``Management Plan'' means
the management plan for the National Recreation Area and
Wilderness developed under subsection (e)(1).
(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 subsection (b)(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 subsection (b)(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
subsection (b)(3).
(b) 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.
(c) 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 section 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.
(d) 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.
(e) 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.

[[Page S6032]]

(f) Funding.--
(1) No additional funds.--No additional funds are
authorized to be appropriated to carry out this section.
(2) Use of existing funds.--This section shall be carried
out using amounts otherwise made available to the Secretary.
(g) Effect.--Nothing in this section--
(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)).

SEC. 1096. ADDITIONS TO ROUGH MOUNTAIN AND RICH HOLE
WILDERNESSES.

(a) Rough Mountain Addition.--Section 1 of Public Law 100-
326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123
Stat. 1002) is amended by adding at the end the following:
``(21) Rough mountain addition.--Certain land in the George
Washington National Forest comprising approximately 1,000
acres, as generally depicted as the `Rough Mountain Addition'
on the map entitled `GEORGE WASHINGTON NATIONAL FOREST -
South half - Alternative I - Selected Alternative Management
Prescriptions - Land and Resources Management Plan Final
Environmental Impact Statement' and dated March 4, 2014,
which is incorporated in the Rough Mountain Wilderness Area
designated by paragraph (1).''.
(b) Rich Hole Addition.--
(1) Potential wilderness designation.--In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the George Washington National Forest
comprising approximately 4,600 acres, as generally depicted
as the ``Rich Hole Addition'' on the map entitled ``GEORGE
WASHINGTON NATIONAL FOREST - South half - Alternative I -
Selected Alternative Management Prescriptions - Land and
Resources Management Plan Final Environmental Impact
Statement'' and dated March 4, 2014, is designated as a
potential wilderness area for incorporation in the Rich Hole
Wilderness Area designated by section 1(2) of Public Law 100-
326 (16 U.S.C. 1132 note; 102 Stat. 584).
(2) Wilderness designation.--The potential wilderness area
designated by paragraph (1) shall be designated as wilderness
and incorporated in the Rich Hole Wilderness Area designated
by section 1(2) of Public Law 100-326 (16 U.S.C. 1132 note;
102 Stat. 584) on the earlier of--
(A) the date on which the Secretary of Agriculture
(referred to in this section as the ``Secretary'') publishes
in the Federal Register notice that the activities permitted
under paragraph (4) have been completed; or
(B) the date that is 5 years after the date of enactment of
this Act.
(3) Management.--Except as provided in paragraph (4), the
Secretary shall manage the potential wilderness area
designated by paragraph (1) in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(4) Water quality improvement activities.--
(A) In general.--To enhance natural ecosystems within the
potential wilderness area designated by paragraph (1) by
implementing certain activities to improve water quality and
aquatic passage, as set forth in the Forest Service document
entitled ``Decision Notice for the Lower Cowpasture
Restoration and Management Project'' and dated December 2015,
the Secretary may use motorized equipment and mechanized
transport in the potential wilderness area until the date on
which the potential wilderness area is incorporated into the
Rich Hole Wilderness Area under paragraph (2).
(B) Requirement.--In carrying out subparagraph (A), the
Secretary, to the maximum extent practicable, shall use the
minimum tool or administrative practice necessary to carry
out that subparagraph with the least amount of adverse impact
on wilderness character and resources.
______