[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3997 Reported in Senate (RS)]
<DOC>
Calendar No. 553
117th CONGRESS
2d Session
S. 3997
[Report No. 117-202]
To amend the Land Between the Lakes Protection Act of 1998 to clarify
the administration of the Land Between the Lakes National Recreation
Area, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5, 2022
Mr. McConnell (for himself, Mr. Hagerty, and Mrs. Blackburn) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
November 17, 2022
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Land Between the Lakes Protection Act of 1998 to clarify
the administration of the Land Between the Lakes National Recreation
Area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Land Between the Lakes
Recreation and Heritage Act'' or the ``LBL Recreation and Heritage
Act''.</DELETED>
<DELETED>SEC. 2. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL
RECREATION AREA.</DELETED>
<DELETED> (a) Definitions.--Section 502 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll) is amended--</DELETED>
<DELETED> (1) in paragraph (5)(B)--</DELETED>
<DELETED> (A) in clause (viii), by striking ``and''
after the semicolon at the end;</DELETED>
<DELETED> (B) in clause (ix), by striking the period
at the end and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(x) division A of subtitle III
of title 54, United States Code (formerly known
as the `National Historic Preservation
Act').'';</DELETED>
<DELETED> (2) by redesignating paragraphs (11) through (15)
as paragraphs (12) through (16), respectively; and</DELETED>
<DELETED> (3) by inserting after paragraph (10) the
following:</DELETED>
<DELETED> ``(11) Qualified resident or relative.--The term
`qualified resident or relative' means--</DELETED>
<DELETED> ``(A) a former resident of the area within
the Recreation Area or the spouse of a former resident
of that area; or</DELETED>
<DELETED> ``(B) a widow, widower, or lineal
descendant of an individual buried in a cemetery
located in the Recreation Area.''.</DELETED>
<DELETED> (b) Establishment.--Section 511(b) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by
striking paragraph (3) and inserting the following:</DELETED>
<DELETED> ``(3) Status of unit.--The Secretary shall
administer the Recreation Area as a separate unit of the
National Forest System.''.</DELETED>
<DELETED> (c) Advisory Board.--Section 522 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``17'' and inserting ``13'';</DELETED>
<DELETED> (B) by striking paragraphs (4) and
(5);</DELETED>
<DELETED> (C) in paragraph (3), by adding ``and''
after the semicolon at the end; and</DELETED>
<DELETED> (D) by redesignating paragraph (6) as
paragraph (4);</DELETED>
<DELETED> (2) in subsection (c), by striking paragraph (2)
and inserting the following:</DELETED>
<DELETED> ``(2) Nonconsecutive terms.--Members of the
Advisory Board may serve multiple terms, but may not serve
consecutive terms.'';</DELETED>
<DELETED> (3) in subsection (f)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``may advise'' and inserting ``shall advise
and partner with'';</DELETED>
<DELETED> (B) in paragraph (1), by striking ``and''
after the semicolon at the end;</DELETED>
<DELETED> (C) in paragraph (2), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(3) developing an annual work plan for
recreation and environment education areas in the Recreation
Area, including the heritage program, with the nonappropriated
amounts in the Land Between the Lakes Management
Fund;</DELETED>
<DELETED> ``(4) developing an annual forest management and
harvest plan for the Recreation Area; and</DELETED>
<DELETED> ``(5) the balance and status of the Land Between
the Lakes Management Fund.''; and</DELETED>
<DELETED> (4) in subsection (g)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``biannually'' and inserting ``twice each
year'';</DELETED>
<DELETED> (B) in paragraph (3), by inserting ``, on
a public website of the Department of Agriculture,''
before ``and by''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) Minutes.--The chairperson of the Advisory
Board shall publish the minutes of each meeting of the Advisory
Board on a public website of the Department of
Agriculture.''.</DELETED>
<DELETED> (d) Fees.--Section 523(a) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking
``may charge reasonable fees'' and inserting ``shall charge reasonable
fees, as determined by the Advisory Board,''.</DELETED>
<DELETED> (e) Disposition of Receipts.--Section 524 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-24) is
amended by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Use.--Amounts in the Land Between the Lakes
Management Fund--</DELETED>
<DELETED> ``(1) shall be available to the Secretary until
expended, without further appropriation, to perform new work or
deferred maintenance in the Recreation Area; and</DELETED>
<DELETED> ``(2) shall not be available for the payment of
salaries or other expenses.''.</DELETED>
<DELETED> (f) Cooperative Authorities and Gifts.--Section 526 of the
Land Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(c) Memoranda of Understanding.--The Secretary is
encouraged, for purposes of carrying out this Act--</DELETED>
<DELETED> ``(1) to enter into memoranda of understanding
with State or local government entities, including law
enforcement, as appropriate, to clarify jurisdictional matters,
such as road management, policing, and other functions that are
typically performed by the entity on non-Federal land;
and</DELETED>
<DELETED> ``(2) to make available on a public website of the
Department of Agriculture any memoranda of understanding
entered into under paragraph (1).''.</DELETED>
<DELETED> (g) Cemeteries.--Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--</DELETED>
<DELETED> (1) by striking ``The Secretary'' and inserting
the following:</DELETED>
<DELETED> ``(a) In General.--The Secretary''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(b) Land for Plots for Qualified Residents or
Relatives.--</DELETED>
<DELETED> ``(1) Requests.--The Secretary, on request from a
qualified resident or relative or a cemetery association, shall
grant additional land for the expansion of existing cemeteries
within the Recreation Area to allow for the burial of qualified
residents or relatives.</DELETED>
<DELETED> ``(2) Expenses.--Any expenses required to move
border fences or markers due to an expansion under paragraph
(1) shall be the responsibility of the person making the
request under that paragraph.''.</DELETED>
<DELETED> (h) Resource Management.--Section 529 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(c) Historical Resources.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall identify
and manage the historical resources of the Recreation Area--
</DELETED>
<DELETED> ``(A) in accordance with the requirements
of division A of subtitle III of title 54, United
States Code (formerly known as the `National Historic
Preservation Act'); and</DELETED>
<DELETED> ``(B) in coordination with qualified
residents or relatives.</DELETED>
<DELETED> ``(2) Consideration.--The Secretary shall--
</DELETED>
<DELETED> ``(A) give consideration to requests by
qualified residents or relatives to use and maintain
traditional sites, buildings, cemeteries, and other
areas of cultural importance in the Recreation Area;
and</DELETED>
<DELETED> ``(B) work cooperatively with qualified
residents or relatives in the management of the
historical resources of the Recreation
Area.''.</DELETED>
<DELETED> (i) Authorization of Appropriations.--Section 551 of the
Land Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(d) Minimum Expenditure.--Subject to the availability of
appropriations under subsection (a), the Secretary shall make available
not less than $8,000,000 each fiscal year for the purposes of
administering the Recreation Area (not including salaries and
expenses).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Between the Lakes Recreation
and Heritage Act''.
SEC. 2. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL
RECREATION AREA.
(a) Definitions.--Section 502 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll) is amended--
(1) by redesignating paragraphs (11) through (15) as
paragraphs (12) through (16), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Qualified resident or relative.--The term `qualified
resident or relative' means--
``(A) a former resident of the area within the
Recreation Area or the spouse of a former resident of
that area; or
``(B) a widow, widower, or lineal descendant of an
individual buried in a cemetery located in the
Recreation Area.''.
(b) Establishment.--Section 511(b) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by striking
paragraph (3) and inserting the following:
``(3) Status of unit.--The Secretary shall administer the
Recreation Area as a separate unit of the National Forest
System.''.
(c) Advisory Board.--Section 522 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``17'' and inserting ``13'';
(B) by striking paragraphs (4) and (5);
(C) in paragraph (3), by adding ``and'' after the
semicolon at the end; and
(D) by redesignating paragraph (6) as paragraph
(4);
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Nonconsecutive terms.--Members of the Advisory Board
may serve multiple terms, but may not serve consecutive
terms.'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``may advise'' and inserting ``shall advise'';
(B) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(3) an annual work plan for recreation and environment
education areas in the Recreation Area, including the heritage
program, with the nonappropriated amounts in the Land Between
the Lakes Management Fund;
``(4) an annual forest management and harvest plan for the
Recreation Area; and
``(5) the Land Between the Lakes Management Fund.''; and
(4) in subsection (g)--
(A) in paragraph (1), by striking ``biannually''
and inserting ``twice each year'';
(B) in paragraph (3), by inserting ``, on a public
website of the Department of Agriculture,'' before
``and by''; and
(C) by adding at the end the following:
``(4) Minutes.--The Secretary shall publish the minutes of
each meeting of the Advisory Board on a public website of the
Department of Agriculture.''.
(d) Fees.--Section 523(a) of the Land Between the Lakes Protection
Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking ``may
charge reasonable fees'' and inserting ``shall charge reasonable fees,
in consultation with the Advisory Board and consistent with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''.
(e) Disposition of Receipts.--Section 524 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-24) is amended by
striking subsection (b) and inserting the following:
``(b) Use.--Amounts in the Land Between the Lakes Management Fund
shall be available to the Secretary until expended, without further
appropriation, for construction, improvement, or maintenance in the
Recreation Area.
``(c) Restriction on Use of Fund.--Except as provided in subsection
(b), amounts in the Land Between the Lakes Management Fund shall not be
used for management of the Recreation Area, including salaries and
expenses.''.
(f) Cooperative Authorities and Gifts.--Section 526 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is
amended by adding at the end the following:
``(c) Memoranda of Understanding.--The Secretary may, for purposes
of carrying out this Act--
``(1) enter into memoranda of understanding with State or
local government entities, including law enforcement, as
appropriate, to clarify jurisdictional matters, such as road
management, policing, and other functions that are typically
performed by the entity on non-Federal land; and
``(2) make available on a public website of the Department
of Agriculture any memoranda of understanding entered into
under paragraph (1).''.
(g) Cemeteries.--Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Land for Plots for Qualified Residents or Relatives.--
``(1) Requests.--The Secretary, on request from a qualified
resident or relative or a cemetery association, shall grant
additional land for the minor expansion of existing cemeteries
within the Recreation Area, to the extent necessary, to allow
for the burial of qualified residents or relatives.
``(2) Expenses.--Any expenses required to move border
fences or markers due to an expansion under paragraph (1) shall
be the responsibility of the person making the request under
that paragraph.''.
(h) Resource Management.--Section 529 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by adding at
the end the following:
``(c) Historical Resources.--
``(1) In general.--The Secretary shall identify and manage
the historical resources of the Recreation Area--
``(A) in accordance with the requirements of
division A of subtitle III of title 54, United States
Code (formerly known as the `National Historic
Preservation Act'); and
``(B) in consultation with qualified residents or
relatives.
``(2) Consideration.--The Secretary shall--
``(A) in accordance with applicable law, give
consideration to requests by qualified residents or
relatives to use and maintain traditional sites,
buildings, cemeteries, and other areas of cultural
importance in the Recreation Area; and
``(B) consult with qualified residents or relatives
in the management of the historical resources of the
Recreation Area.''.
(i) Authorization of Appropriations.--Section 551 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``are'' and inserting
``is''; and
(ii) by striking ``such sums as are
necessary'' and inserting ``not to exceed
$15,000,000 for each fiscal year''; and
(B) in paragraph (2), by striking ``Recreation Area
area'' and inserting ``Recreation Area''; and
(2) by striking subsection (c) and inserting the following:
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture may expend amounts appropriated to
carry out this title in a manner consistent with the
authorities exercised by the Tennessee Valley Authority before
the transfer of the Recreation Area to the administrative
jurisdiction of the Secretary of Agriculture, including
campground management and visitor services, paid advertisement,
and procurement of food and supplies for resale purposes.
``(2) Exception.--The Secretary of Agriculture shall not
use amounts appropriated to carry out this title for an
activity described in section 524(b).''.
Calendar No. 553
117th CONGRESS
2d Session
S. 3997
[Report No. 117-202]
_______________________________________________________________________
A BILL
To amend the Land Between the Lakes Protection Act of 1998 to clarify
the administration of the Land Between the Lakes National Recreation
Area, and for other purposes.
_______________________________________________________________________
November 17, 2022
Reported with an amendment