(1) the orderly withdrawal of officers and em-
ployees of the Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facili-
ties;
(3) the interagency transfer of officers and em-
ployees;
(4) the transfer of records; and
(5) other transfer issues.
(c) TRANSITION TEAM.—
(1) IN GENERAL.—The memorandum of under-
standing may provide for a transition team consist-
ing of the Tennessee Valley Authority and Forest
Service employees.
(2) DURATION.—The team may continue in ex-
istence after the date of transfer.
(3) PERSONNEL COSTS.—The Tennessee Valley
Authority and the Forest Service shall pay personnel
costs of their respective team members.
SEC. 304. RECORDS.
(a) RECREATION AREA RECORDS.—The Secretary
shall have access to all records of the Tennessee Valley
Authority pertaining to the management of the Recreation
Area.
(b) PERSONNEL RECORDS.—The Tennessee Valley
Authority personnel records shall be made available to the
Secretary, on request, to the extent the records are rel-
evant to Forest Service administration.
(c) CONFIDENTIALITY.—The Tennessee Valley Au-
thority may prescribe terms and conditions on the avail-
ability of records to protect the confidentiality of private
or proprietary information.
(d) LAND TITLE RECORDS.—The Tennessee Valley
Authority shall provide to the Secretary original records
pertaining to land titles, surveys, and other records per-
taining to transferred personal property and facilities.
SEC. 305. TRANSFER OF PERSONAL PROPERTY.
(a) SUBJECT PROPERTY.—
(1) INVENTORY.—Not later than 60 days after
the date of enactment of this Act, the Tennessee
Valley Authority shall provide the Secretary with an
inventory of all property and facilities at the Recre-
ation Area.
(2) AVAILABILITY FOR TRANSFER.—
(A) IN
GENERAL.—All Tennessee Valley
Authority property associated with the adminis-
tration of the Recreation Area as of January 1,
1998, including any property purchased with
Federal funds appropriated for the management
of the Tennessee Valley Authority land, shall be
available for transfer to the Secretary.
(B) 
PROPERTY
INCLUDED.—Property
under subparagraph (A) includes buildings, of-
fice furniture and supplies, computers, office
equipment, buildings, vehicles, tools, equipment,
maintenance supplies, boats, engines, and publi-
cations.
(3) EXCLUSION OF PROPERTY.—At the request
of the authorized representative of the Tennessee
Valley Authority, the Secretary may exclude movable
property from transfer based on a showing by the
Tennessee Valley Authority that the property is vital
to the mission of the Tennessee Valley Authority
and cannot be replaced in a cost-effective manner, if
the Secretary determines that the property is not
needed for management of the Recreation Area.
(b) DESIGNATION.—Pursuant to such procedures as
may be prescribed in the memorandum of agreement en-
tered into under section 303, the Secretary shall identify
and designate, in writing, all Tennessee Valley Authority
property to be transferred to the Secretary.
(c) FACILITATION OF TRANSFER.—The Tennessee
Valley Authority shall, to the maximum extent practicable,
use existing appropriated and unappropriated funds and
current personnel to facilitate the transfer of necessary
property and facilities to the Secretary, including replace-
ment of signs and insignia, repainting of vehicles, printing
of public information, and training of new personnel.
(d) SURPLUS PROPERTY.—
(1) DISPOSITION.—Any personal property, in-
cluding structures and facilities, that the Secretary
determines cannot be efficiently managed and main-
tained either by the Forest Service or by lease or
permit to other persons may be declared excess by
the Secretary and—
(A) sold by the Secretary on such terms
and conditions as the Secretary may prescribe
to achieve the maximum benefit to the Federal
Government; or
(B) disposed of under the Federal Prop-
erty and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.).
(2) DEPOSIT OF PROCEEDS.—All net proceeds
from the disposal of any property shall be deposited
into the Fund established by section 211.
SEC. 306. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) DOCUMENTATION OF EXISTING CONDITIONS.—
(1) IN GENERAL.—Not later than 60 days after
the date of enactment of this Act, the Chairman and
the Administrator shall provide the Secretary all
documentation and information that exists on the
environmental condition of the land and waters com-
prising the Recreation Area property.
(2) 
ADDITIONAL
DOCUMENTATION.—The
Chairman and the Administrator shall provide the
Secretary with any additional documentation and in-
formation regarding the environmental condition of
the Recreation Area property as such documentation
and information becomes available.
(b) ACTION REQUIRED.—
(1) ASSESSMENT.—Not later than 120 days
from the date of enactment of this Act, the Chair-
man shall provide to the Secretary an assessment in-
dicating what action, if any, is required under any
environmental law on Recreation Area property.
(2) MEMORANDUM
OF
UNDERSTANDING.—If
the assessment concludes action is required under
any environmental law with respect to any portion of
the Recreation Area property, the Secretary and the
Chairman shall enter into a memorandum of under-
standing that—
(A) provides for the performance by the
Chairman of the required actions identified in
the assessment; and
(B) includes a schedule providing for the
prompt completion of the required actions to
the satisfaction of the Secretary.
(c) DOCUMENTATION DEMONSTRATING ACTION.—
On the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary, the
Chairman shall provide the Secretary with documentation
demonstrating that all actions required under any environ-
mental law have been taken, including all response actions
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) that are necessary to protect human health and the
environment with respect to any hazardous substance, pol-
lutant, contaminant, hazardous waste, hazardous mate-
rial, or petroleum product or derivative of a petroleum
product on Recreation Area property.
(d) CONTINUATION OF RESPONSIBILITIES AND LI-
ABILITIES.—
(1) IN GENERAL.—The transfer of the Recre-
ation Area property under this Act, and the require-
ments of this section, shall not in any way affect the
responsibilities and liabilities of the Tennessee Valley
Authority at the Recreation Area under the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
or any other environmental law.
(2) ACCESS.—After transfer of the Recreation
Area property, the Chairman shall be accorded any
access to the property that may be reasonably re-
quired to carry out the responsibility or satisfy the
liability referred to in paragraph (1).
(3) NO LIABILITY.—The Secretary shall not be
liable under any environmental law for matters that
are related directly or indirectly to present or past
activities of the Tennessee Valley Authority on the
Recreation Area property, including liability for—
(A) costs or performance of response ac-
tions required under the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.) at or
related to the Recreation Area; or
(B) costs, penalties, fines, or performance
of actions related to noncompliance with any
environmental law at or related to the Recre-
ation Area or related to the presence, release,
or threat of release of any hazardous substance,
pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or de-
rivative of a petroleum product of any kind at
or related to the Recreation Area, including
contamination resulting from migration.
(4) NO EFFECT ON RESPONSIBILITIES OR LI-
ABILITIES.—Except as provided in paragraph (3),
nothing in this Act affects, modifies, amends, re-
peals, alters, limits or otherwise changes, directly or
indirectly, the responsibilities or liabilities under any
environmental law of any person with respect to the
Secretary.
(e) OTHER FEDERAL AGENCIES.—Subject to the
other provisions of this section, a Federal agency that car-
ried or carries out operations at the Recreation Area re-
sulting in the release or threatened release of a hazardous
substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of
a petroleum product for which that agency would be liable
under any environmental law shall pay the costs of related
response actions and shall pay the costs of related actions
to remediate petroleum products or their derivatives.
SEC. 307. PERSONNEL.
(a) IN GENERAL.—
(1) HIRING.—Notwithstanding section 3503 of
title 5, United States Code, and subject to para-
graph (2), the Secretary may—
(A) appoint, hire, and discharge officers
and employees to administer the Recreation
Area; and
(B) pay the officers and employees at lev-
els that are commensurate with levels at other
units of the National Forest System.
(2) INTERIM RETENTION OF ELIGIBLE EMPLOY-
EES.—
(A) IN GENERAL.—For a period of not less
than 5 months after the effective date of trans-
fer to the Forest Service—
(i) all eligible employees shall be re-
tained in the employment of the Tennessee
Valley Authority;
(ii) those eligible employees shall be
considered to be placed on detail to the
Secretary and shall be subject to the direc-
tion of the Secretary; and
(iii) the Secretary shall reimburse the
Tennessee Valley Authority for the amount
of the basic pay of those eligible employees,
and the Tennessee Valley Authority shall
remain responsible for all other compensa-
tion of those employees.
(B) NOTICE
TO
EMPLOYEES.—The Sec-
retary shall provide eligible employees a written
notice of not less than 30 days before termi-
nation.
(C) TERMINATION FOR CAUSE.—Subpara-
graph (A) does not preclude a termination for
cause during the 5-month period.
(b) APPLICATIONS FOR TRANSFER AND APPOINT-
MENT.—An eligible employee shall have the right to apply
for employment by the Secretary under procedures for
transfer and appointment of Federal employees outside
the Department of Agriculture.
(c) HIRING BY THE SECRETARY.—
(1) IN GENERAL.—Subject to subsection (b), in
filling personnel positions within the Recreation
Area, the Secretary shall follow all laws (including
regulations) and policies applicable to the Depart-
ment of Agriculture.
(2) 
NOTIFICATION
AND
HIRING.—Notwith-
standing paragraph (1), the Secretary—
(A) shall notify all eligible employees of all
openings for positions with the Forest Service
at the Recreation Area before notifying other
individuals or considering applications by other
individuals for the positions; and
(B) after applications by eligible employees
have received consideration, if any positions re-
main unfilled, shall notify other individuals of
the openings.
(3) NONCOMPETITIVE
APPOINTMENTS.—Not-
withstanding any other placement of career transi-
tion programs authorized by the Office of Personnel
Management of the United States Department of
Agriculture, the Secretary may noncompetitively ap-
point eligible employees to positions in the Recre-
ation Area.
(4) PERIOD OF SERVICE.—Except to the extent
that an eligible employee that is appointed by the
Secretary may be otherwise compensated for the pe-
riod of service as an employee of the Tennessee Val-
ley Authority, that period of service shall be treated
as a period of service as an employee of the Sec-
retary for the purposes of probation, career tenure,
time-in-grade, and leave.
(d) TRANSFER TO POSITIONS IN OTHER UNITS OF
THE TENNESSEE VALLEY AUTHORITY.—The Tennessee
Valley Authority—
(1) shall notify all eligible employees of all
openings for positions in other units of the Ten-
nessee Valley Authority before notifying other indi-