II 

117TH CONGRESS 

2D SESSION S. 3997 

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 introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

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. 

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 ‘‘Land Between the 

5 Lakes Recreation and Heritage Act’’ or the ‘‘LBL Recre6 ation and Heritage Act’’. 


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1 SEC. 2. ADMINISTRATION OF THE LAND BETWEEN THE 

2 LAKES NATIONAL RECREATION AREA. 

3 (a) DEFINITIONS.—Section 502 of the Land Between 

4 the Lakes Protection Act of 1998 (16 U.S.C. 460lll) is 

5 amended— 

6 (1) in paragraph (5)(B)— 

7 (A) in clause (viii), by striking ‘‘and’’ after 

8 the semicolon at the end; 

9 (B) in clause (ix), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(x) division A of subtitle III of title 

13 54, United States Code (formerly known 

14 as the ‘National Historic Preservation 

15 Act’).’’; 

16 (2) by redesignating paragraphs (11) through 

17 (15) as paragraphs (12) through (16), respectively; 

18 and 

19 (3) by inserting after paragraph (10) the fol20 lowing: 

21 ‘‘(11) QUALIFIED RESIDENT OR RELATIVE.— 

22 The term ‘qualified resident or relative’ means— 

23 ‘‘(A) a former resident of the area within 

24 the Recreation Area or the spouse of a former 

25 resident of that area; or 


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1 ‘‘(B) a widow, widower, or lineal descend2 ant of an individual buried in a cemetery lo3 cated in the Recreation Area.’’. 

4 (b) ESTABLISHMENT.—Section 511(b) of the Land 

5 Between the Lakes Protection Act of 1998 (16 U.S.C. 

6 460lll–11(b)) is amended by striking paragraph (3) and 

7 inserting the following: 

8 ‘‘(3) STATUS OF UNIT.—The Secretary shall 

9 administer the Recreation Area as a separate unit of 

10 the National Forest System.’’. 

11 (c) ADVISORY BOARD.—Section 522 of the Land Be12 tween the Lakes Protection Act of 1998 (16 U.S.C. 

13 460lll–22) is amended— 

14 (1) in subsection (b)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘17’’ and inserting ‘‘13’’; 

17 (B) by striking paragraphs (4) and (5); 

18 (C) in paragraph (3), by adding ‘‘and’’ 

19 after the semicolon at the end; and 

20 (D) by redesignating paragraph (6) as 

21 paragraph (4); 

22 (2) in subsection (c), by striking paragraph (2) 

23 and inserting the following: 


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1 ‘‘(2) NONCONSECUTIVE TERMS.—Members of 

2 the Advisory Board may serve multiple terms, but 

3 may not serve consecutive terms.’’; 

4 (3) in subsection (f)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘may advise’’ and inserting ‘‘shall 

7 advise and partner with’’; 

8 (B) in paragraph (1), by striking ‘‘and’’ 

9 after the semicolon at the end; 

10 (C) in paragraph (2), by striking the pe11 riod at the end and inserting a semicolon; and 

12 (D) by adding at the end the following: 

13 ‘‘(3) developing an annual work plan for recre14 ation and environment education areas in the Recre15 ation Area, including the heritage program, with the 

16 nonappropriated amounts in the Land Between the 

17 Lakes Management Fund; 

18 ‘‘(4) developing an annual forest management 

19 and harvest plan for the Recreation Area; and 

20 ‘‘(5) the balance and status of the Land Be21 tween the Lakes Management Fund.’’; and 

22 (4) in subsection (g)— 

23 (A) in paragraph (1), by striking ‘‘bian24 nually’’ and inserting ‘‘twice each year’’; 


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1 (B) in paragraph (3), by inserting ‘‘, on a 

2 public website of the Department of Agri3 culture,’’ before ‘‘and by’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(4) MINUTES.—The chairperson of the Advi6 sory Board shall publish the minutes of each meet7 ing of the Advisory Board on a public website of the 

8 Department of Agriculture.’’. 

9 (d) FEES.—Section 523(a) of the Land Between the 

10 Lakes Protection Act of 1998 (16 U.S.C. 460lll–23(a)) 

11 is amended by striking ‘‘may charge reasonable fees’’ and 

12 inserting ‘‘shall charge reasonable fees, as determined by 

13 the Advisory Board,’’. 

14 (e) DISPOSITION OF RECEIPTS.—Section 524 of the 

15 Land Between the Lakes Protection Act of 1998 (16 

16 U.S.C. 460lll–24) is amended by striking subsection (b) 

17 and inserting the following: 

18 ‘‘(b) USE.—Amounts in the Land Between the Lakes 

19 Management Fund— 

20 ‘‘(1) shall be available to the Secretary until ex21 pended, without further appropriation, to perform 

22 new work or deferred maintenance in the Recreation 

23 Area; and 

24 ‘‘(2) shall not be available for the payment of 

25 salaries or other expenses.’’. 


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1 (f) COOPERATIVE AUTHORITIES AND GIFTS.—Sec2 tion 526 of the Land Between the Lakes Protection Act 

3 of 1998 (16 U.S.C. 460lll–26) is amended by adding at 

4 the end the following: 

5 ‘‘(c) MEMORANDA OF UNDERSTANDING.—The Sec6 retary is encouraged, for purposes of carrying out this 

7 Act— 

8 ‘‘(1) to enter into memoranda of understanding 

9 with State or local government entities, including 

10 law enforcement, as appropriate, to clarify jurisdic11 tional matters, such as road management, policing, 

12 and other functions that are typically performed by 

13 the entity on non-Federal land; and 

14 ‘‘(2) to make available on a public website of 

15 the Department of Agriculture any memoranda of 

16 understanding entered into under paragraph (1).’’. 

17 (g) CEMETERIES.—Section 528 of the Land Between 

18 the Lakes Protection Act of 1998 (16 U.S.C. 460lll–28) 

19 is amended— 

20 (1) by striking ‘‘The Secretary’’ and inserting 

21 the following: 

22 ‘‘(a) IN GENERAL.—The Secretary’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(b) LAND FOR PLOTS FOR QUALIFIED RESIDENTS

25 OR RELATIVES.— 


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1 ‘‘(1) REQUESTS.—The Secretary, on request 

2 from a qualified resident or relative or a cemetery 

3 association, shall grant additional land for the ex4 pansion of existing cemeteries within the Recreation 

5 Area to allow for the burial of qualified residents or 

6 relatives. 

7 ‘‘(2) EXPENSES.—Any expenses required to 

8 move border fences or markers due to an expansion 

9 under paragraph (1) shall be the responsibility of 

10 the person making the request under that para11 graph.’’. 

12 (h) RESOURCE MANAGEMENT.—Section 529 of the 

13 Land Between the Lakes Protection Act of 1998 (16 

14 U.S.C. 460lll–29) is amended by adding at the end the 

15 following: 

16 ‘‘(c) HISTORICAL RESOURCES.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall iden18 tify and manage the historical resources of the 

19 Recreation Area— 

20 ‘‘(A) in accordance with the requirements 

21 of division A of subtitle III of title 54, United 

22 States Code (formerly known as the ‘National 

23 Historic Preservation Act’); and 

24 ‘‘(B) in coordination with qualified resi25 dents or relatives. 


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1 ‘‘(2) CONSIDERATION.—The Secretary shall— 

2 ‘‘(A) give consideration to requests by 

3 qualified residents or relatives to use and main4 tain traditional sites, buildings, cemeteries, and 

5 other areas of cultural importance in the Recre6 ation Area; and 

7 ‘‘(B) work cooperatively with qualified resi8 dents or relatives in the management of the his9 torical resources of the Recreation Area.’’. 

10 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 551 of the Land Between the Lakes Protection Act of 

12 1998 (16 U.S.C. 460lll–61) is amended by adding at the 

13 end the following: 

14 ‘‘(d) MINIMUM EXPENDITURE.—Subject to the avail15 ability of appropriations under subsection (a), the Sec16 retary shall make available not less than $8,000,000 each 

17 fiscal year for the purposes of administering the Recre18 ation Area (not including salaries and expenses).’’. 

Æ 


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