II Calendar No. 553 117th CONGRESS 2d Session S. 3997 [Report No. 117–202] 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. Short title This Act may be cited as the Land Between the Lakes Recreation and Heritage Act or the LBL Recreation and Heritage Act . 2. Administration of the Land Between the Lakes National Recreation Area (a) Definitions Section 502 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll ) is amended— (1) in paragraph (5)(B)— (A) in clause (viii), by striking and after the semicolon at the end; (B) in clause (ix), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (x) division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ). ; (2) by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and (3) by inserting after paragraph (10) the following: (11) Qualified resident or relative The term qualified resident or relative means— (A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or (B) a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area. . (b) Establishment Section 511(b) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –11(b)) is amended by striking paragraph (3) and inserting the following: (3) Status of unit The Secretary shall administer the Recreation Area as a separate unit of the National Forest System. . (c) Advisory board Section 522 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –22) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 17 and inserting 13 ; (B) by striking paragraphs (4) and (5); (C) in paragraph (3), by adding and after the semicolon at the end; and (D) by redesignating paragraph (6) as paragraph (4); (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) Nonconsecutive terms Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms. ; (3) in subsection (f)— (A) in the matter preceding paragraph (1), by striking may advise and inserting shall advise and partner with ; (B) in paragraph (1), by striking and after the semicolon at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (3) developing an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund; (4) developing an annual forest management and harvest plan for the Recreation Area; and (5) the balance and status of the Land Between the Lakes Management Fund. ; and (4) in subsection (g)— (A) in paragraph (1), by striking biannually and inserting twice each year ; (B) in paragraph (3), by inserting , on a public website of the Department of Agriculture, before and by ; and (C) by adding at the end the following: (4) Minutes The chairperson of the Advisory Board shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture. . (d) Fees Section 523(a) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –23(a)) is amended by striking may charge reasonable fees and inserting shall charge reasonable fees, as determined by the Advisory Board, . (e) Disposition of receipts Section 524 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –24) is amended by striking subsection (b) and inserting the following: (b) Use Amounts in the Land Between the Lakes Management Fund— (1) shall be available to the Secretary until expended, without further appropriation, to perform new work or deferred maintenance in the Recreation Area; and (2) shall not be available for the payment of salaries or other expenses. . (f) Cooperative authorities and gifts Section 526 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –26) is amended by adding at the end the following: (c) Memoranda of understanding The Secretary is encouraged, for purposes of carrying out this Act— (1) to 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) to make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1). . (g) Cemeteries Section 528 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –28) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (2) by adding at the end the following: (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 expansion of existing cemeteries within the Recreation Area 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. . (h) Resource management Section 529 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –29) is amended by adding at the end the following: (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, United States Code (formerly known as the National Historic Preservation Act ); and (B) in coordination with qualified residents or relatives. (2) Consideration The Secretary shall— (A) 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) work cooperatively with qualified residents or relatives in the management of the historical resources of the Recreation Area. . (i) Authorization of appropriations Section 551 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –61) is amended by adding at the end the following: (d) Minimum expenditure Subject to the availability of appropriations under subsection (a), the Secretary shall make available not less than $8,000,000 each fiscal year for the purposes of administering the Recreation Area (not including salaries and expenses). .

1. Short title This Act may be cited as the Land Between the Lakes Recreation and Heritage Act . 2. Administration of the Land Between the Lakes National Recreation Area (a) Definitions Section 502 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll ) is amended— (1) by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and (2) by inserting after paragraph (10) the following: (11) Qualified resident or relative The term qualified resident or relative means— (A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or (B) a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area. . (b) Establishment Section 511(b) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –11(b)) is amended by striking paragraph (3) and inserting the following: (3) Status of unit The Secretary shall administer the Recreation Area as a separate unit of the National Forest System. . (c) Advisory board Section 522 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –22) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 17 and inserting 13 ; (B) by striking paragraphs (4) and (5); (C) in paragraph (3), by adding and after the semicolon at the end; and (D) by redesignating paragraph (6) as paragraph (4); (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) Nonconsecutive terms Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms. ; (3) in subsection (f)— (A) in the matter preceding paragraph (1), by striking may advise and inserting shall advise ; (B) in paragraph (1), by striking and after the semicolon at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (3) an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund; (4) an annual forest management and harvest plan for the Recreation Area; and (5) the Land Between the Lakes Management Fund. ; and (4) in subsection (g)— (A) in paragraph (1), by striking biannually and inserting twice each year ; (B) in paragraph (3), by inserting , on a public website of the Department of Agriculture, before and by ; and (C) by adding at the end the following: (4) Minutes The Secretary shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture. . (d) Fees Section 523(a) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –23(a)) is amended by striking may charge reasonable fees and inserting 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. ), . (e) Disposition of receipts Section 524 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C. 460lll–24 ) is amended by striking subsection (b) and inserting the following: (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. . (f) Cooperative authorities and gifts Section 526 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –26) is amended by adding at the end the following: (c) Memoranda of understanding The Secretary may, for purposes of carrying out this Act— (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). . (g) Cemeteries Section 528 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –28) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (2) by adding at the end the following: (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. . (h) Resource management Section 529 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –29) is amended by adding at the end the following: (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, United States Code (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. . (i) Authorization of appropriations Section 551 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –61) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking are and inserting is ; and (ii) by striking such sums as are necessary and inserting not to exceed $15,000,000 for each fiscal year ; and (B) in paragraph (2), by striking Recreation Area area and inserting Recreation Area ; and (2) by striking subsection (c) and inserting the following: (c) Use of funds (1) In general Except as provided in paragraph (2), the Secretary of Agriculture may expend amounts appropriated to carry out this title in a manner consistent with the authorities exercised by the Tennessee Valley Authority before the transfer of the Recreation Area to the administrative jurisdiction of the Secretary of Agriculture, including campground management and visitor services, paid advertisement, and procurement of food and supplies for resale purposes. (2) Exception The Secretary of Agriculture shall not use amounts appropriated to carry out this title for an activity described in section 524(b). .

November 17, 2022 Reported with an amendment