dreamproit/uscode huggingface dataset:
16 U.S.C. § 460lll–21 (CONSERVATION)
§ 460lll–21. Land and resource management plan
(a) In general
As soon as practicable after the effective date of the transfer of jurisdiction under section 460lll–41 of this title, the Secretary shall prepare a land and resource management 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 Natural Resource Management Plan to provide interim management direction. Use of all or a portion of the management plan by the Secretary shall not be considered to be a major Federal action significantly affecting the quality of the human environment.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 521], Oct. 21, 1998, 112 Stat. 2681–231, 2681–314.)
heading: Editorial Notes
heading: References in Text
text: The National Forest Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables.
16 U.S.C. § 460lll–23 (CONSERVATION)
§ 460lll–23. Fees
(a) Authority
The Secretary 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.), 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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 523], Oct. 21, 1998, 112 Stat. 2681–231, 2681–315; Pub. L. 117–328, div. DD, title II, § 201(d), Dec. 29, 2022, 136 Stat. 5582.)
heading: Editorial Notes
heading: References in Text
text: The Federal Lands Recreation Enhancement Act, referred to in subsec. (a), is title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, which is classified principally to chapter 87 (§ 6801 et seq.) of this title. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–328 substituted “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.),” for “may charge reasonable fees”.
16 U.S.C. § 460lll–24 (CONSERVATION)
§ 460lll–24. Disposition of receipts
(a) In general
All amounts received from charges, use fees, and natural resource utilization, including 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 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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 524], Oct. 21, 1998, 112 Stat. 2681–231, 2681–315; Pub. L. 117–328, div. DD, title II, § 201(e), Dec. 29, 2022, 136 Stat. 5582.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsecs. (b), (c). Pub. L. 117–328 added subsecs. (b) and (c) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “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.”
16 U.S.C. § 460lll–25 (CONSERVATION)
§ 460lll–25. 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 easements to governmental units for public roads over United States 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 developed recreation sites or other facilities to be managed for public purposes; and
(3) lease or authorize recreational sites or other facilities, consistent with sections 460lll–1(2) and 460lll–11(b)(2) of this title.
(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 determined 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 proposals.
(d) Existing authorizations
(1) In general
A permit or other authorization granted by the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section 460lll–41 of this title may continue on transfer of administration of the Recreation Area to the Secretary.
(2) Reissuance
A permit or authorization described in paragraph (1) may be reissued or terminated 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 authorization, including any right to amend, modify, and revoke the permit or authorization.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 525], Oct. 21, 1998, 112 Stat. 2681–231, 2681–315.)
16 U.S.C. § 460lll–26 (CONSERVATION)
§ 460lll–26. 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 authorization 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 admission and use fees may be charged for all areas administered by the United States Fish and Wildlife Service.
(ii) Deposit
The fees shall be deposited in accordance with section 460lll–24 of this title.
(2) Cooperation
The Secretary and the Secretary of the Interior may cooperate or act jointly on activities such as population monitoring and inventory of fish and wildlife with emphasis on migratory birds and endangered and threatened species, environmental education, visitor services, conservation demonstration projects and scientific research.
(3) Subordination of fish and wildlife activities to overall management
The management and use of areas and facilities under permit to the United States Fish and Wildlife Service as authorized pursuant to this section shall be subordinate to the overall management of the Recreation Area as directed by the Secretary.
(b) Authorities
For the management, maintenance, 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, governmental units, nonprofit organizations, corporations, and individuals; and
(2) accept gifts under section 2269 of title 7 notwithstanding that the donor conducts business with any agency of the Department of Agriculture or is regulated by the Secretary of Agriculture.
(c) Memoranda of understanding
The Secretary may, for purposes of carrying out this subchapter—
(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).
(Pub. L. 105–277, div. A, § 101(e) [title V, § 526], Oct. 21, 1998, 112 Stat. 2681–231, 2681–316; Pub. L. 117–328, div. DD, title II, § 201(f), Dec. 29, 2022, 136 Stat. 5583.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (c), was in the original “this Act” and was translated as reading “this title”, meaning section 101(e) [title V] of div. A of Pub. L. 105–277, known as The Land Between the Lakes Protection Act of 1998, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460lll of this title and Tables.
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–328 added subsec. (c).
16 U.S.C. § 460lll–27 (CONSERVATION)
§ 460lll–27. Designation of national recreation trail
Effective on the date of transfer pursuant to section 460lll–41 of this title, the North-South Trail is designated as a national recreation trail under section 1243 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 527], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
16 U.S.C. § 460lll–28 (CONSERVATION)
§ 460lll–28. Cemeteries
(a) In general
The Secretary shall maintain an inventory of and ensure access to cemeteries within the Recreation Area for purposes of burial, visitation, and maintenance.
(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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 528], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317; Pub. L. 117–328, div. DD, title II, § 201(g), Dec. 29, 2022, 136 Stat. 5583.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
16 U.S.C. § 460lll–29 (CONSERVATION)
§ 460lll–29. Resource management
(a) Minerals
(1) Withdrawal
The land within the Recreation Area is withdrawn from the operation of the mining and mineral leasing laws of the United States.
(2) Use of mineral materials
The Secretary may permit the use of common varieties of mineral materials for the development and maintenance of the Recreation Area.
(b) Hunting and fishing
(1) In general
The Secretary shall permit hunting and fishing on land and water under the jurisdiction of the Secretary within the boundaries of the Recreation Area in accordance with applicable laws of the United States and of each State, respectively.
(2) Prohibition
(A) In general
The Secretary may designate 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 emergencies, a prohibition under subparagraph (A) shall become effective only after consultation with the appropriate fish and game departments of the States.
(3) Fish and wildlife
Nothing in this subchapter affects the jurisdiction or responsibilities of the States with respect to wildlife and fish on national forests.
(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 (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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 529], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317; Pub. L. 117–328, div. DD, title II, § 201(h), Dec. 29, 2022, 136 Stat. 5583.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (c). Pub. L. 117–328 added subsec. (c).
16 U.S.C. § 460lll–30 (CONSERVATION)
§ 460lll–30. Hematite Dam
Within one year from the date of transfer pursuant to section 460lll–41 of this title, the Tennessee Valley Authority shall cause any breach in the Hematite Dam to be repaired, or if such repairs have previously been made, the Tennessee Valley Authority shall certify in a letter to the Secretary the sound condition of the dam. Future repair costs and maintenance of the Hematite Dam shall be the responsibility of the Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 530], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
16 U.S.C. § 460lll–31 (CONSERVATION)
§ 460lll–31. 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 related 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
The Tennessee Valley Authority shall deposit into the Fund $1,000,000 annually for each of the 5 fiscal years commencing in the first fiscal year of the transfer. Funding to carry out this section shall be derived from funding described in section 460lll–49 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 531], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317.)
16 U.S.C. § 460lll–41 (CONSERVATION)
§ 460lll–41. 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, or, if this Act is enacted during a fiscal year for which Congress has not made such an appropriation, effective as of October 21, 1998, administrative jurisdiction over the Recreation Area is transferred from the Tennessee Valley Authority to the Secretary.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 541], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231, which enacted the Department of the Interior and Related Agencies Appropriations Act, 1999. Title V of the Act, known as The Land Between the Lakes Protection Act of 1998, is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 460lll–42 (CONSERVATION)
§ 460lll–42. Statement of policy
It is the policy of the United States that, to the maximum extent practicable—
(1) the transfer of jurisdiction over the Recreation 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 minimizing—
(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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 542], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
16 U.S.C. § 460lll–43 (CONSERVATION)
§ 460lll–43. Memorandum of agreement
(a) In general
Not later than 30 days after the date of transfer pursuant to section 460lll–41 of this title, the Secretary and the Tennessee Valley Authority shall enter into a memorandum of agreement concerning implementation of this subchapter.
(b) Provisions
The memorandum of understanding shall provide procedures for—
(1) the orderly withdrawal of officers and employees of the Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition team
(1) In general
The memorandum of understanding may provide for a transition team consisting of the Tennessee Valley Authority and Forest Service employees.
(2) Duration
The team may continue in existence 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.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 543], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
16 U.S.C. § 460lll–44 (CONSERVATION)
§ 460lll–44. 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 relevant to Forest Service administration.
(c) Confidentiality
The Tennessee Valley Authority may prescribe terms and conditions on the availability 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 pertaining to transferred personal property and facilities.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 544], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
16 U.S.C. § 460lll–48 (CONSERVATION)
§ 460lll–48. Tennessee Valley Authority transfer costs
Any costs incurred by Tennessee Valley Authority associated with the transfer under this part shall be derived from funding described in section 460lll–49 of this title.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 548], Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)
16 U.S.C. § 460lll–49 (CONSERVATION)
§ 460lll–49. Tennessee Valley Authority transfer funding
(a) In general
The funding described in this section is funding derived from only 1 or more of the following sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the power and nonpower programs.
(4) Savings from the suspension of bonuses and awards.
(5) Savings from reductions in memberships and contributions.
(6) Increases in collections resulting from nonpower activities, including user fees.
(7) Increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers.
(b) Availability
Funds from the sources described in subsection (a) shall be available notwithstanding section 11, 14, 15, or 29 [16 U.S.C. 831j, 831m, 831n, 831bb] or any other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) or any provisions of the covenants contained in any power bonds issued by the Tennessee Valley Authority.
(c) Sufficiency of savings
The savings from and the revenue adjustment to the budget of the Tennessee Valley Authority for the first fiscal year of the transfer and each fiscal year thereafter shall be sufficient so that the net spending authority and resulting outlays to carry out activities with funding described in subsection (a) shall not exceed $0 for the first fiscal year of the transfer and each fiscal year thereafter.
(d) Itemized list of reductions and increased receipts
(1) Proposed changes
Not later than 30 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts that are proposed to be made as a result of activities under this subsection during the first fiscal year of the transfer.
(2) Actual changes
Not later than 24 months after the effective date of the transfer, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts as a result of activities under this subsection during the first fiscal year of the transfer.
(Pub. L. 105–277, div. A, § 101(e) [title V, § 549], Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)
heading: Editorial Notes
heading: References in Text
text: The Tennessee Valley Authority Act of 1933, referred to in subsec. (b), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of this title. For complete classification of this Act to the Code, see section 831 of this title and Tables.