II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Land Between the 

3 Lakes Recreation and Heritage Act’’ or the ‘‘LBL Recre4 ation and Heritage Act’’. 

5 SEC. 2. ADMINISTRATION OF THE LAND BETWEEN THE 

6 LAKES NATIONAL RECREATION AREA. 

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

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

9 amended— 

10 (1) in paragraph (5)(B)— 

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

12 the semicolon at the end; 

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

14 the end and inserting ‘‘; and’’; and 

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

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

17 54, United States Code (formerly known 

18 as the ‘National Historic Preservation 

19 Act’).’’; 

20 (2) by redesignating paragraphs (11) through 

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

22 and 

23 (3) by inserting after paragraph (10) the fol24 lowing: 

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

26 The term ‘qualified resident or relative’ means— 


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

2 the Recreation Area or the spouse of a former 

3 resident of that area; or 

4 ‘‘(B) a widow, widower, or lineal descend5 ant of an individual buried in a cemetery lo6 cated in the Recreation Area.’’. 

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

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

9 460lll–11(b)) is amended by striking paragraph (3) and 

10 inserting the following: 

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

12 administer the Recreation Area as a separate unit of 

13 the National Forest System.’’. 

14 (c) ADVISORY BOARD.—Section 522 of the Land Be15 tween the Lakes Protection Act of 1998 (16 U.S.C. 

16 460lll–22) is amended— 

17 (1) in subsection (b)— 

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

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

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

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

22 after the semicolon at the end; and 

23 (D) by redesignating paragraph (6) as 

24 paragraph (4); 


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

2 and inserting the following: 

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

4 the Advisory Board may serve multiple terms, but 

5 may not serve consecutive terms.’’; 

6 (3) in subsection (f)— 

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

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

9 advise and partner with’’; 

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

11 after the semicolon at the end; 

12 (C) in paragraph (2), by striking the pe13 riod at the end and inserting a semicolon; and 

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

15 ‘‘(3) developing an annual work plan for recre16 ation and environment education areas in the Recre17 ation Area, including the heritage program, with the 

18 nonappropriated amounts in the Land Between the 

19 Lakes Management Fund; 

20 ‘‘(4) developing an annual forest management 

21 and harvest plan for the Recreation Area; and 

22 ‘‘(5) the balance and status of the Land Be23 tween the Lakes Management Fund.’’; and 

24 (4) in subsection (g)— 


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1 (A) in paragraph (1), by striking ‘‘bian2 nually’’ and inserting ‘‘twice each year’’; 

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

4 public website of the Department of Agri5 culture,’’ before ‘‘and by’’; and 

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

7 ‘‘(4) MINUTES.—The chairperson of the Advi8 sory Board shall publish the minutes of each meet9 ing of the Advisory Board on a public website of the 

10 Department of Agriculture.’’. 

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

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

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

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

15 the Advisory Board,’’. 

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

17 Land Between the Lakes Protection Act of 1998 (16 

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

19 and inserting the following: 

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

21 Management Fund— 

22 ‘‘(1) shall be available to the Secretary until ex23 pended, without further appropriation, to perform 

24 new work or deferred maintenance in the Recreation 

25 Area; and 


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

2 salaries or other expenses.’’. 

3 (f) COOPERATIVE AUTHORITIES AND GIFTS.—Sec4 tion 526 of the Land Between the Lakes Protection Act 

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

6 the end the following: 

7 ‘‘(c) MEMORANDA OF UNDERSTANDING.—The Sec8 retary is encouraged, for purposes of carrying out this 

9 Act— 

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

11 with State or local government entities, including 

12 law enforcement, as appropriate, to clarify jurisdic13 tional matters, such as road management, policing, 

14 and other functions that are typically performed by 

15 the entity on non-Federal land; and 

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

17 the Department of Agriculture any memoranda of 

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

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

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

21 is amended— 

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

23 the following: 

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

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


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

2 OR RELATIVES.— 

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

4 from a qualified resident or relative or a cemetery 

5 association, shall grant additional land for the ex6 pansion of existing cemeteries within the Recreation 

7 Area to allow for the burial of qualified residents or 

8 relatives. 

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

10 move border fences or markers due to an expansion 

11 under paragraph (1) shall be the responsibility of 

12 the person making the request under that para13 graph.’’. 

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

15 Land Between the Lakes Protection Act of 1998 (16 

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

17 following: 

18 ‘‘(c) HISTORICAL RESOURCES.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall iden20 tify and manage the historical resources of the 

21 Recreation Area— 

22 ‘‘(A) in accordance with the requirements 

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

24 States Code (formerly known as the ‘National 

25 Historic Preservation Act’); and 


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1 ‘‘(B) in coordination with qualified resi2 dents or relatives. 

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

4 ‘‘(A) give consideration to requests by 

5 qualified residents or relatives to use and main6 tain traditional sites, buildings, cemeteries, and 

7 other areas of cultural importance in the Recre8 ation Area; and 

9 ‘‘(B) work cooperatively with qualified resi10 dents or relatives in the management of the his11 torical resources of the Recreation Area.’’. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 551 of the Land Between the Lakes Protection Act of 

14 1998 (16 U.S.C. 460lll–61) is amended by adding at the 

15 end the following: 

16 ‘‘(d) MINIMUM EXPENDITURE.—Subject to the avail17 ability of appropriations under subsection (a), the Sec18 retary shall make available not less than $8,000,000 each 

19 fiscal year for the purposes of administering the Recre20 ation Area (not including salaries and expenses).’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Land Between the Lakes 

23 Recreation 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) by redesignating paragraphs (11) through 

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

8 and 

9 (2) by inserting after paragraph (10) the fol10 lowing: 

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

12 term ‘qualified resident or relative’ means— 

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

14 the Recreation Area or the spouse of a former 

15 resident of that area; or 

16 ‘‘(B) a widow, widower, or lineal descend17 ant of an individual buried in a cemetery lo18 cated in the Recreation Area.’’. 

19 (b) ESTABLISHMENT.—Section 511(b) of the Land Be20 tween the Lakes Protection Act of 1998 (16 U.S.C. 460lll– 

21 11(b)) is amended by striking paragraph (3) and inserting 

22 the following: 

23 ‘‘(3) STATUS OF UNIT.—The Secretary shall ad24 minister the Recreation Area as a separate unit of the 

25 National Forest System.’’. 


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1 (c) ADVISORY BOARD.—Section 522 of the Land Be2 tween the Lakes Protection Act of 1998 (16 U.S.C. 460lll– 

3 22) is amended— 

4 (1) in subsection (b)— 

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

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

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

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

9 after the semicolon at the end; and 

10 (D) by redesignating paragraph (6) as 

11 paragraph (4); 

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

13 and inserting the following: 

14 ‘‘(2) NONCONSECUTIVE TERMS.—Members of the 

15 Advisory Board may serve multiple terms, but may 

16 not serve consecutive terms.’’; 

17 (3) in subsection (f)— 

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

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

20 advise’’; 

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

22 after the semicolon at the end; 

23 (C) in paragraph (2), by striking the period 

24 at the end and inserting a semicolon; and 

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


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1 ‘‘(3) an annual work plan for recreation and en2 vironment education areas in the Recreation Area, 

3 including the heritage program, with the non4 appropriated amounts in the Land Between the Lakes 

5 Management Fund; 

6 ‘‘(4) an annual forest management and harvest 

7 plan for the Recreation Area; and 

8 ‘‘(5) the Land Between the Lakes Management 

9 Fund.’’; and 

10 (4) in subsection (g)— 

11 (A) in paragraph (1), by striking ‘‘bian12 nually’’ and inserting ‘‘twice each year’’; 

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

14 public website of the Department of Agriculture,’’ 

15 before ‘‘and by’’; and 

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

17 ‘‘(4) MINUTES.—The Secretary shall publish the 

18 minutes of each meeting of the Advisory Board on a 

19 public website of the Department of Agriculture.’’. 

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

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

22 amended by striking ‘‘may charge reasonable fees’’ and in23 serting ‘‘shall charge reasonable fees, in consultation with 

24 the Advisory Board and consistent with the Federal Lands 

25 Recreation Enhancement Act (16 U.S.C. 6801 et seq.),’’. 


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

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

3 460lll–24) is amended by striking subsection (b) and insert4 ing the following: 

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

6 Management Fund shall be available to the Secretary until 

7 expended, without further appropriation, for construction, 

8 improvement, or maintenance in the Recreation Area. 

9 ‘‘(c) RESTRICTION ON USE OF FUND.—Except as pro10 vided in subsection (b), amounts in the Land Between the 

11 Lakes Management Fund shall not be used for management 

12 of the Recreation Area, including salaries and expenses.’’. 

13 (f) COOPERATIVE AUTHORITIES AND GIFTS.—Section 

14 526 of the Land Between the Lakes Protection Act of 1998 

15 (16 U.S.C. 460lll–26) is amended by adding at the end the 

16 following: 

17 ‘‘(c) MEMORANDA OF UNDERSTANDING.—The Sec18 retary may, for purposes of carrying out this Act— 

19 ‘‘(1) enter into memoranda of understanding 

20 with State or local government entities, including law 

21 enforcement, as appropriate, to clarify jurisdictional 

22 matters, such as road management, policing, and 

23 other functions that are typically performed by the 

24 entity on non-Federal land; and 


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1 ‘‘(2) make available on a public website of the 

2 Department of Agriculture any memoranda of under3 standing entered into under paragraph (1).’’. 

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

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

6 amended— 

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

8 the following: 

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

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

11 ‘‘(b) LAND FOR PLOTS FOR QUALIFIED RESIDENTS OR

12 RELATIVES.— 

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

14 a qualified resident or relative or a cemetery associa15 tion, shall grant additional land for the minor expan16 sion of existing cemeteries within the Recreation 

17 Area, to the extent necessary, to allow for the burial 

18 of qualified residents or relatives. 

19 ‘‘(2) EXPENSES.—Any expenses required to move 

20 border fences or markers due to an expansion under 

21 paragraph (1) shall be the responsibility of the person 

22 making the request under that paragraph.’’. 

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

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

25 460lll–29) is amended by adding at the end the following: 


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1 ‘‘(c) HISTORICAL RESOURCES.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall identify 

3 and manage the historical resources of the Recreation 

4 Area— 

5 ‘‘(A) in accordance with the requirements of 

6 division A of subtitle III of title 54, United 

7 States Code (formerly known as the ‘National 

8 Historic Preservation Act’); and 

9 ‘‘(B) in consultation with qualified resi10 dents or relatives. 

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

12 ‘‘(A) in accordance with applicable law, 

13 give consideration to requests by qualified resi14 dents or relatives to use and maintain tradi15 tional sites, buildings, cemeteries, and other 

16 areas of cultural importance in the Recreation 

17 Area; and 

18 ‘‘(B) consult with qualified residents or rel19 atives in the management of the historical re20 sources of the Recreation Area.’’. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 551 of the Land Between the Lakes Protection Act of 1998 

23 (16 U.S.C. 460lll–61) is amended— 

24 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by striking ‘‘are’’ and inserting 

4 ‘‘is’’; and 

5 (ii) by striking ‘‘such sums as are nec6 essary’’ and inserting ‘‘not to exceed 

7 $15,000,000 for each fiscal year’’; and 

8 (B) in paragraph (2), by striking ‘‘Recre9 ation Area area’’ and inserting ‘‘Recreation 

10 Area’’; and 

11 (2) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) USE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the Secretary of Agriculture may expend 

16 amounts appropriated to carry out this title in a 

17 manner consistent with the authorities exercised by 

18 the Tennessee Valley Authority before the transfer of 

19 the Recreation Area to the administrative jurisdiction 

20 of the Secretary of Agriculture, including campground 

21 management and visitor services, paid advertisement, 

22 and procurement of food and supplies for resale pur23 poses. 


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1 ‘‘(2) EXCEPTION.—The Secretary of Agriculture 

2 shall not use amounts appropriated to carry out this 

3 title for an activity described in section 524(b).’’. 


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Calendar No. 553 

117TH CONGRESS 

2D SESSION S. 3997 

[Report No. 117–202] 

A BILL 

To amend the Land Between the Lakes Protection 

Area, and for other purposes. Land Between the Lakes National Recreation Act of 1998 to clarify the administration of the 

NOVEMBER 17, 2022 

Reported with an amendment 


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