I
105TH CONGRESS
2D SESSION
H. R. 3689
To transfer administrative jurisdiction over the Land Between the Lakes
National Recreation Area to the Secretary of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. WHITFIELD introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Resources, and Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To transfer administrative jurisdiction over the Land Be-
tween the Lakes National Recreation Area to the Sec-
retary of Agriculture.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be referred to as
‘‘The Land Between the Lakes Protection Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purposes.
TITLE I—ESTABLISHMENT, ADMINISTRATION, AND JURISDICTION
Sec. 101. Establishment.
Sec. 102. Civil and criminal jurisdiction.
Sec. 103. Payments to States and counties.
Sec. 104. Forest highways.
TITLE II—MANAGEMENT PROVISIONS
Sec. 201. Land and resource management plan.
Sec. 202. Advisory Board.
Sec. 203. Fees.
Sec. 204. Disposition of receipts.
Sec. 205. Special use authorizations.
Sec. 206. Cooperative authorities and gifts.
Sec. 207. Designation of national recreation trail.
Sec. 208. Cemeteries.
Sec. 209. Resource management.
Sec. 210. Dams and impoundments.
Sec. 211. Trust Fund.
Sec. 212. Electricity.
TITLE III—TRANSFER PROVISIONS
Sec. 301. Effective date of transfer.
Sec. 302. Statement of policy.
Sec. 303. Memorandum of agreement.
Sec. 304. Records.
Sec. 305. Transfer of personal property.
Sec. 306. Compliance with environmental laws.
Sec. 307. Personnel.
TITLE IV—FUNDING
Sec. 401. Tennessee Valley Authority transitional funding.
Sec. 402. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) ADVISORY
BOARD.—The term ‘‘Advisory
Board’’ means the Land Between the Lakes Advi-
sory Board established under section 202.
(3) CHAIRMAN.—The term ‘‘Chairman’’ means
the Chairman of the Board of Directors of the Ten-
nessee Valley Authority.
(4) ELIGIBLE EMPLOYEE.—The term ‘‘eligible
employee’’ means a person that was, on the date of
enactment of this Act, a full-time employee of the
Tennessee Valley Authority at the Recreation Area.
(5) ENVIRONMENTAL LAW.—
(A) IN
GENERAL.—The term ‘‘environ-
mental law’’ means all applicable Federal,
State, and local laws (including regulations)
and requirements related to protection of
human health, natural and cultural resources,
or the environment.
(B) INCLUSIONS.—The term ‘‘environ-
mental law’’ includes—
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C.
7401 et seq.);
(10) POLLUTANT OR CONTAMINANT.—The term
‘‘pollutant or contaminant’’ has the meaning given
the term in section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601).
(11) RECREATION
AREA.—The term ‘‘Recre-
ation Area’’ means the Land Between the Lakes Na-
tional Recreation Area.
(12) RELEASE.—The term ‘‘release’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(13) RESPONSE ACTION.—The term ‘‘response
action’’ has the meaning given the term in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(15) STATE.—The term ‘‘State’’ means the
State of Kentucky and the State of Tennessee.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to transfer without consideration adminis-
trative jurisdiction over the Recreation Area from
the Tennessee Valley Authority to the Secretary so
that the Recreation Area may be managed as a unit
of the National Forest System;
(2) to protect and manage the resources of the
Recreation Area for optimum yield of outdoor recre-
ation and environmental education through multiple
use management by the Forest Service;
(3) to authorize, research, test, and dem-
onstrate innovative programs and cost-effective man-
agement of the Recreation Area;
(4) to authorize the Secretary to cooperate be-
tween and among the States, Federal agencies, pri-
vate organizations, and corporations, and individ-
uals, as appropriate, in the management of the
Recreation Area and to help stimulate the develop-
ment of the surrounding region and extend the bene-
ficial results as widely as practicable; and
(5) to provide for the smooth and equitable
transfer of jurisdiction from the Tennessee Valley
Authority to the Secretary.
TITLE I—ESTABLISHMENT, AD-
MINISTRATION, AND JURIS-
DICTION
SEC. 101. ESTABLISHMENT.
(a) IN GENERAL.—On the transfer of administrative
jurisdiction under section 301, the Land Between the
Lakes National Recreation Area in the States of Kentucky
and Tennessee is established as a unit of the National
Forest System.
(b) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage
the Recreation Area for multiple use as a unit of the
National Forest System.
(2) EMPHASES.—The emphases in the manage-
ment of the Recreation Area shall be—
(A) to provide public recreational opportu-
nities;
(B) to conserve fish and wildlife and their
habitat; and
(C) to provide for diversity of native and
desirable non-native plants, animals, opportuni-
ties for hunting and fishing, and environmental
education.
(3) STATUS OF UNIT.—The Secretary may ad-
minister the Recreation Area as a separate unit of
the National Forest System or in conjunction with
an existing national forest.
(c) AREA INCLUDED.—
(1) IN GENERAL.—The Recreation Area shall
comprise the federally owned land, water, and inter-
ests in the land and water lying between Kentucky
Lake and Lake Barkley in the States of Kentucky
and Tennessee, as generally depicted on the map en-
titled ‘‘Land Between the Lakes National Recreation
Area—January, 1998’’.
(2) MAP.—The map described in paragraph (1)
shall be available for public inspection in the Office
of the Chief of the Forest Service, Washington, D.C.
(d) WATERS.—
(1) WATER LEVELS AND NAVIGATION.—Noth-
ing in this Act affects the jurisdiction of the Ten-
nessee Valley Authority or the Army Corps of Engi-
neers to manage and regulate water levels and navi-
gation of Kentucky Lake and Lake Barkley and
areas subject to flood easements.
(2) OCCUPANCY AND USE.—Subject to the ju-
risdiction of the Tennessee Valley Authority and the
Army Corps of Engineers, the Secretary shall have
jurisdiction to regulate the occupancy and use of the
surface waters of the lakes for recreational purposes.
SEC. 102. CIVIL AND CRIMINAL JURISDICTION.
(a) 
ADMINISTRATION.—The 
Secretary, 
acting
through the Chief of the Forest Service, shall administer
the Recreation Area in accordance with this Act and the
laws, rules, and regulations pertaining to the National
Forest System.
(b) STATUS.—Land within the Recreation Area shall
have the status of land acquired under the Act of March
1, 1911 (commonly known as the ‘‘Weeks Act’’) (16
U.S.C. 515 et seq.).
SEC. 103. PAYMENTS TO STATES AND COUNTIES.
(a) PAYMENTS IN LIEU OF TAXES.—Land within the
Recreation Area shall be subject to the provisions for pay-
ments in lieu of taxes under chapter 69 of title 31, United
States Code.
(b) DISTRIBUTION.—All amounts received from
charges, use fees, and natural resource utilization, includ-
ing timber and agricultural receipts, shall not be subject
to distribution to States under the Act of May 23, 1908
(16 U.S.C. 500).
(c) PAYMENTS BY THE TENNESSEE VALLEY AU-
THORITY.—After the transfer of administrative jurisdic-
tion is made under section 301—
(1) the Tennessee Valley Authority shall con-
tinue to calculate the amount of payments to be
made to States and counties under section 13 of the
Tennessee Valley Authority Act of 1933 (16 U.S.C.
831l); and
(2) each State (including, for the purposes of
this subsection, the State of Kentucky, the State of
Tennessee, and any other State) that receives a pay-
ment under that section shall continue to calculate
the amounts to be distributed to the State and local
governments, as though the transfer had not been
made.
SEC. 104. FOREST HIGHWAYS.
(a) IN GENERAL.—For purposes of section 204 of
title 23, United States Code, the road known as ‘‘The
Trace’’ and every other paved road within the Recreation
Area (including any road constructed to secondary stand-
ards) shall be considered to be a forest highway.
(b) STATE RESPONSIBILITY.—
(1) IN GENERAL.—The States shall be respon-
sible for the maintenance of forest highways within
the Recreation Area.
(2) REIMBURSEMENT.—To the maximum ex-
tent provided by law, from funds appropriated to the
Department of Transportation and available for pur-
poses of highway construction and maintenance, the
Secretary of Transportation shall reimburse the
States for all or a portion of the costs of mainte-
nance of forest highways in the Recreation Area.
TITLE II—MANAGEMENT
PROVISIONS
SEC. 201. LAND AND RESOURCE MANAGEMENT PLAN.
(a) IN GENERAL.—As soon as practicable after the
effective date of the transfer of jurisdiction under section
301, the Secretary shall prepare a land and resource man-
agement plan for the Recreation Area in conformity with
the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.) and other applicable law.
(b) INTERIM PROVISION.—Until adoption of the land
and resource management plan, the Secretary may use,
as appropriate, the existing Tennessee Valley Authority
management plan to provide interim management direc-
tion. Use of all or a portion of the management plan by
the Secretary shall not be considered to be a major Fed-
eral action significantly affecting the quality of the human
environment.
SEC. 202. ADVISORY BOARD.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall es-
tablish the Land Between the Lakes Advisory Board.
(b) MEMBERSHIP.—The Advisory Board shall be
composed of 17 members appointed as follows:
(1) 4 individuals appointed by the Secretary, in-
cluding—
(A) 2 residents of the State of Kentucky;
and
(B) 2 residents of the State of Tennessee.
(2) 2 individuals, including—
(A) 1 individual appointed by the Ken-
tucky Fish and Wildlife Commissioner or des-
ignee; and
(B) 1 individual appointed by the Ten-
nessee Fish and Wildlife Commission or des-
ignee.
(3) 1 individual appointed by the Land Between
the Lakes Association.
(4) 4 individuals, including—
(A) 2 individuals appointed by the Gov-
ernor of the State of Tennessee; and
(B) 2 individuals appointed by the Gov-
ernor of the State of Kentucky.
(5) 6 individuals, including 2 individuals ap-
pointed by each of the counties containing the
Recreation Area.
(c) TERM.—
(1) IN GENERAL.—The term of a member of
the Advisory Board shall be 5 years.
(2) SUCCESSION.—Members of the Advisory
Board may not succeed themselves.
(d) CHAIRPERSON.—The Regional Forester shall
serve as chairperson of the Advisory Board.
(e) RULES
OF PROCEDURE.—The Secretary shall
prescribe the rules of procedure for the Advisory Board.
(f) FUNCTIONS.—The Advisory Board may advise the
Secretary on—
(1) means of promoting public participation for
the land and resource management plan for the
Recreation Area; and
(2) environmental education.
(g) MEETINGS.—
(1) FREQUENCY.—The Advisory Board shall
meet at least biannually.
(2) PUBLIC MEETING.—A meeting of the Advi-
sory Board shall be open to the general public.
(3) NOTICE OF MEETINGS.—The chairperson,
through the placement of notices in local news media
and by other appropriate means shall give 2 weeks’
public notice of each meeting of the Advisory Board.
(h) TERMINATION.—The Secretary may terminate
the Advisory Board on or after the date as of which the
Secretary determines that implementation of the initial
land and resource management plan for the Recreation
Area under section 201 has begun.
SEC. 203. FEES.
(a) AUTHORITY.—The Secretary may charge reason-
able fees for admission to and the use of the designated
sites, or for activities, within the Recreation Area.
(b) FACTORS.—In determining whether to charge
fees, the Secretary may consider the costs of collection
weighed against potential income.
(c) LIMITATION.—No general entrance fees shall be
charged within the Recreation Area.
SEC. 204. DISPOSITION OF RECEIPTS.
(a) IN
GENERAL.—All amounts received from
charges, use fees, and natural resource utilization, includ-
ing timber and agricultural receipts, shall be deposited in
a special fund in the Treasury of the United States to
be known as the ‘‘Land Between the Lakes Management
Fund’’.
(b) USE.—Amounts in the Fund shall be available
to the Secretary until expended, without further Act of
appropriation, for the management of the Recreation
Area, including payment of salaries and expenses.
SEC. 205. SPECIAL USE AUTHORIZATIONS.
(a) IN GENERAL.—In addition to other authorities
for the authorization of special uses within the National
Forest System, within the Recreation Area, the Secretary
may, on such terms and conditions as the Secretary may
prescribe—
(1) convey for no consideration perpetual ease-
ments to governmental units for public roads over
U.S. Route 68 and the Trace, and such other rights-
of-way as the Secretary and a governmental unit
may agree;
(2) transfer or lease to governmental units de-
veloped recreation sites or other facilities to be man-
aged for public purposes; and
(3) lease or authorize developed recreational
sites or other facilities, consistent with sections 3(2)
and 101(b)(2), to for-profit and not-for-profit cor-
porations and organizations for renewable periods
not to exceed 30 years.
(b) CONSIDERATION.—
(1) IN GENERAL.—Consideration for a lease or
other special use authorization within the Recreation
Area shall be based on fair market value.
(2) REDUCTION
OR
WAIVER.—The Secretary
may reduce or waive a fee to a governmental unit or
nonprofit organization commensurate with other
consideration provided to the United States, as de-
termined by the Secretary.
(c) PROCEDURE.—The Secretary may use any fair
and equitable method for authorizing special uses within
the Recreation Area, including public solicitation of pro-
posals.
(d) EXISTING AUTHORIZATIONS.—
(1) IN GENERAL.—A permit or other authoriza-
tion granted by the Tennessee Valley Authority that
is in effect on the date of enactment of this Act may
continue on transfer of administration of the Recre-
ation Area to the Secretary.
(2) REISSUANCE.—A permit or authorization
described in paragraph (1) may be reissued on ter-
mination under terms and conditions prescribed by
the Secretary.
(3) EXERCISE OF RIGHTS.—The Secretary may
exercise any of the rights of the Tennessee Valley
Authority contained in any permit or other author-
ization, including any right to amend, modify, and
revoke the permit or authorization.
SEC. 206. COOPERATIVE AUTHORITIES AND GIFTS.
(a) FISH AND WILDLIFE SERVICE.—
(1) MANAGEMENT.—
(A) IN GENERAL.—Subject to such terms
and conditions as the Secretary may prescribe,
the Secretary may issue a special use authoriza-
tion to the United States Fish and Wildlife
Service for the management by the Service of
facilities and land agreed on by the Secretary
and the Secretary of the Interior.
(B) FEES.—
(i) IN GENERAL.—Reasonable admis-
sion and use fees may be charged for all
areas administered by the United States
Fish and Wildlife Service.
(ii) DEPOSIT.—The fees shall be de-
posited in accordance with section 204.
(2) COOPERATION.—The Secretary and the
Secretary of the Interior may cooperate or act joint-
ly on activities such as population monitoring and
inventory of fish and wildlife with emphasis on mi-
gratory birds and endangered and threatened spe-
cies, environmental education, visitor services, con-
servation demonstration projects and scientific re-
search.
(3) SUBORDINATION OF FISH AND WILDLIFE
ACTIVITIES TO OVERALL MANAGEMENT.—The man-
agement and use of areas and facilities under permit
to the United States Fish and Wildlife Service as
authorized pursuant to this section shall be subordi-
nate to the overall management of the Recreation
Area as directed by the Secretary.
(b) AUTHORITIES.—For the management, mainte-
nance, operation, and interpretation of the Recreation
Area and its facilities, the Secretary may—
(1) make grants and enter into contracts and
cooperative agreements with Federal agencies, gov-
ernmental units, nonprofit organizations, corpora-
tions, and individuals; and
(2) accept gifts under Public Law 95–442 (7
U.S.C. 2269) notwithstanding that the donor con-
ducts business with any agency of the Department
of Agriculture or is regulated by the Secretary of
Agriculture.
SEC. 207. DESIGNATION OF NATIONAL RECREATION TRAIL.
Effective on the date of enactment of this Act, the
North-South Trail is designated as a national recreation
trail under section 4 of the National Trails System Act
(16 U.S.C. 1243).
SEC. 208. CEMETERIES.
The Secretary shall conduct an inventory of and en-
sure access to all cemeteries within the Recreation Area
for purposes of visitation and maintenance.
SEC. 209. RESOURCE MANAGEMENT.
(a) MINERALS.—
(1) WITHDRAWAL.—The land within the Recre-
ation Area is withdrawn from the operation of the
mining and mineral leasing laws of the United
States.
(2) USE OF MINERAL MATERIALS.—The Sec-
retary may permit the use of common varieties of
mineral materials for the development and mainte-
nance of the Recreation Area.
(b) HUNTING AND FISHING.—
(1) IN GENERAL.—The Secretary shall permit
hunting and fishing on land and water under the ju-
risdiction of the Secretary within the boundaries of
the Recreation Area in accordance with applicable
laws of the United States and of each State, respec-
tively.
(2) PROHIBITION.—
(A) IN GENERAL.—The Secretary may des-
ignate areas where, and establish periods when,
hunting or fishing is prohibited for reasons of
public safety, administration, or public use and
enjoyment.
(B) CONSULTATION.—Except in emer-
gencies, a prohibition under subparagraph (A)
shall become effective only after consultation
with the appropriate fish and game depart-
ments of the States.
(3) FISH AND WILDLIFE.—Nothing in this Act
affects the jurisdiction or responsibilities of the
States with respect to wildlife and fish on national
forests.
SEC. 210. DAMS AND IMPOUNDMENTS.
(a) IN GENERAL.—The Tennessee Valley Authority
and the Army Corps of Engineers, as appropriate, shall
be responsible for the maintenance of all dams, dikes,
causeways, impoundments, subimpoundments, and other
water resources facilities, including appurtenant roads and
boat ramps, existing within the Recreation Area on the
date of enactment of this Act.
(b) REMOVAL.—A facility described in subsection (a)
may be removed and the associated land and water area
restored to a natural condition only with the approval of
the Secretary.
SEC. 211. TRUST FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a special interest-bearing
fund known as the ‘‘Land Between the Lakes Trust
Fund’’.
(b) AVAILABILITY.—Amounts in the Fund shall be
available to the Secretary, until expended, for—
(1) public education, grants, and internships re-
lated to recreation, conservation, and multiple use
land management in the Recreation Area; and
(2) regional promotion in the Recreation Area,
in cooperation with development districts, chambers
of commerce, and State and local governments.
(c) DEPOSITS.—From revenues available to the Ten-
nessee Valley Authority from any source, the Tennessee
Valley Authority shall deposit into the Fund $1,000,000
annually for each of 5 fiscal years that begin after the
date of enactment of this Act.
SEC. 212. ELECTRICITY.
The Tennessee Valley Authority shall compensate
distributors in providing the Secretary, at no charge, con-
tinued electrical service, including maintenance of all lines,
poles, and other facilities necessary for the distribution
and use of electric power.
TITLE III—TRANSFER
PROVISIONS
SEC. 301. EFFECTIVE DATE OF TRANSFER.
Effective on October 1 of the first fiscal year for
which Congress does not appropriate to the Tennessee
Valley Authority at least $6,000,000 for the Recreation
Area, administrative jurisdiction over the Recreation Area
is transferred from the Tennessee Valley Authority to the
Secretary.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States that, to the maxi-
mum extent practicable—
(1) the transfer of jurisdiction over the Recre-
ation Area from the Tennessee Valley Authority to
the Secretary should be effected in an efficient and
cost-effective manner; and
(2) due consideration should be given to mini-
mizing—
(A) disruption of the personal lives of the
Tennessee Valley Authority and Forest Service
employees; and
(B) 
adverse 
impacts 
on 
permittees,
contractees, and others owning or operating
businesses affected by the transfer.
SEC. 303. MEMORANDUM OF AGREEMENT.
(a) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the Secretary and the Ten-
nessee Valley Authority shall enter into a memorandum
of agreement concerning implementation of this Act.
(b) PROVISIONS.—The memorandum of understand-
ing shall provide procedures for—