[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1896 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1896

To transfer administrative jurisdiction over the Land Between the Lakes 
       National Recreation Area to the Secretary of Agriculture.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 1998

 Mr. McConnell introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To transfer administrative jurisdiction over the Land Between the Lakes 
       National Recreation Area to the Secretary of Agriculture.

    Be it enacted by the Senate and House of Representatives 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 ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory board.--The term ``Advisory Board'' means the 
        Land Between the Lakes Advisory Board established under section 
        202.
            (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Board of Directors of the Tennessee 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 ``environmental 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 ``environmental 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 Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (iv) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (v) the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.);
                            (vi) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.); and
                            (vii) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.).
            (6) Forest highway.--The term ``forest highway'' has the 
        meaning given the term in section 101(a) of title 23, United 
        States Code.
            (7) Governmental unit.--The term ``governmental unit'' 
        means an agency of the Federal Government or a State or local 
        government, local governmental unit, public or municipal 
        corporation, or unit of a State university system.
            (8) Hazardous substance.--The term ``hazardous substance'' 
        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).
            (9) Person.--The term ``person'' 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).
            (10) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' 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).
            (11) Recreation area.--The term ``Recreation Area'' means 
        the Land Between the Lakes National Recreation Area.
            (12) Release.--The term ``release'' 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).
            (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 administrative 
        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 recreation and environmental 
        education through multiple use management by the Forest 
        Service;
            (3) to authorize, research, test, and demonstrate 
        innovative programs and cost-effective management of the 
        Recreation Area;
            (4) to authorize the Secretary to cooperate between and 
        among the States, Federal agencies, private organizations, and 
        corporations, and individuals, as appropriate, in the 
        management of the Recreation Area and to help stimulate the 
        development of the surrounding region and extend the beneficial 
        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, ADMINISTRATION, AND JURISDICTION

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 management of the 
        Recreation Area shall be--
                    (A) to provide public recreational opportunities;
                    (B) to conserve fish and wildlife and their 
                habitat; and
                    (C) to provide for diversity of native and 
                desirable non-native plants, animals, opportunities for 
                hunting and fishing, and environmental education.
            (3) Status of unit.--The Secretary may administer 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 interests 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 entitled ``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.--Nothing in this Act 
        affects the jurisdiction of the Tennessee Valley Authority or 
        the Army Corps of Engineers to manage and regulate water levels 
        and navigation of Kentucky Lake and Lake Barkley and areas 
        subject to flood easements.
            (2) Occupancy and use.--Subject to the jurisdiction 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 payments 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, including 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 Authority.--After the transfer 
of administrative jurisdiction is made under section 301--
            (1) the Tennessee Valley Authority shall continue 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 payment 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 
standards) shall be considered to be a forest highway.
    (b) State Responsibility.--
            (1) In general.--The States shall be responsible for the 
        maintenance of forest highways within the Recreation Area.
            (2) Reimbursement.--To the maximum extent provided by law, 
        from funds appropriated to the Department of Transportation and 
        available for purposes of highway construction and maintenance, 
        the Secretary of Transportation shall reimburse the States for 
        all or a portion of the costs of maintenance 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 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 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.

SEC. 202. ADVISORY BOARD.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish 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, including--
                    (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 Kentucky Fish and 
                Wildlife Commissioner or designee; and
                    (B) 1 individual appointed by the Tennessee Fish 
                and Wildlife Commission or designee.
            (3) 1 individual appointed by the Land Between the Lakes 
        Association.
            (4) 4 individuals, including--
                    (A) 2 individuals appointed by the Governor of the 
                State of Tennessee; and
                    (B) 2 individuals appointed by the Governor of the 
                State of Kentucky.
            (5) 6 individuals, including 2 individuals appointed 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 Advisory 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 reasonable 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, 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 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 easements 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 developed 
        recreation sites or other facilities to be managed 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 corporations 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 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 
        enactment of this Act 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 on termination 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.

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 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 204.
            (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 Public Law 95-442 (7 U.S.C. 2269) 
        notwithstanding that the donor conducts 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 ensure 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 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 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 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.--From revenues available to the Tennessee 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, continued 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 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.

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 Tennessee Valley Authority shall 
enter into a memorandum of agreement concerning implementation of this 
Act.
    (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.

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 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.

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 Recreation Area.
            (2) Availability for transfer.--
                    (A) In general.--All Tennessee Valley Authority 
                property associated with the administration 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, office furniture and supplies, 
                computers, office equipment, buildings, vehicles, 
                tools, equipment, maintenance supplies, boats, engines, 
                and publications.
            (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 entered 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 
replacement of signs and insignia, repainting of vehicles, printing of 
public information, and training of new personnel.
    (d) Surplus Property.--
            (1) Disposition.--Any personal property, including 
        structures and facilities, that the Secretary determines cannot 
        be efficiently managed and maintained 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 Property 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 
        comprising the Recreation Area property.
            (2) Additional documentation.--The Chairman and the 
        Administrator shall provide the Secretary with any additional 
        documentation and information 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 Chairman shall provide to the 
        Secretary an assessment indicating 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 
        understanding 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 
environmental law have been taken, including all response actions under 
the Comprehensive Environmental Response, Compensation, 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, pollutant, contaminant, hazardous waste, hazardous material, 
or petroleum product or derivative of a petroleum product on Recreation 
Area property.
    (d) Continuation of Responsibilities and Liabilities.--
            (1) In general.--The transfer of the Recreation Area 
        property under this Act, and the requirements of this section, 
        shall not in any way affect the responsibilities and 
        liabilities of the Tennessee Valley Authority at the Recreation 
        Area under the Comprehensive 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 required 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 actions 
                required under the Comprehensive Environmental 
                Response, Compensation, and Liability 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 Recreation 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 derivative 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 liabilities.--Except 
        as provided in paragraph (3), nothing in this Act affects, 
        modifies, amends, repeals, 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 carried or carries out operations 
at the Recreation Area resulting 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 paragraph (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 levels that 
                are commensurate with levels at other units of the 
                National Forest System.
            (2) Interim retention of eligible employees.--
                    (A) In general.--For a period of not less than 5 
                months after the effective date of transfer to the 
                Forest Service--
                            (i) all eligible employees shall be 
                        retained 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 direction 
                        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 compensation of those 
                        employees.
                    (B) Notice to employees.--The Secretary shall 
                provide eligible employees a written notice of not less 
                than 30 days before termination.
                    (C) Termination for cause.--Subparagraph (A) does 
                not preclude a termination for cause during the 5-month 
                period.
    (b) Applications for Transfer and Appointment.--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 Department of Agriculture.
            (2) Notification and hiring.--Notwithstanding 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 remain 
                unfilled, shall notify other individuals of the 
                openings.
            (3) Noncompetitive appointments.--Notwithstanding any other 
        placement of career transition programs authorized by the 
        Office of Personnel Management of the United States Department 
        of Agriculture, the Secretary may noncompetitively appoint 
        eligible employees to positions in the Recreation 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 period of service as an employee 
        of the Tennessee Valley Authority, that period of service shall 
        be treated as a period of service as an employee of the 
        Secretary 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 Tennessee Valley Authority 
        before notifying other individuals or considering applications 
        by other individuals for the positions; and
            (2) after applications by eligible employees have received 
        consideration, if any positions remain unfilled, shall notify 
        other individuals of the openings.
    (e) Employee Benefit Transition.--
            (1) Memorandum of understanding.--
                    (A) In general.--The Secretary and the heads of the 
                Office of Personnel Management and the Tennessee Valley 
                Authority Retirement System shall enter into a 
                memorandum of understanding providing for the 
                transition for all eligible employees of compensation 
                made available through the Tennessee Valley Authority 
                Retirement System.
                    (B) Employee participation.--In deciding on the 
                terms of the memorandum of understanding, the Secretary 
                and the heads of the Office of Personnel Management and 
                the Tennessee Valley Authority Retirement System shall 
                meet and consult with and give full consideration to 
                the views of employees and representatives of the 
                employees of the Tennessee Valley Authority.
            (2) Eligible employees that are transferred to other units 
        of tva.--An eligible employee that is transferred to another 
        unit of the Tennessee Valley Authority shall experience no 
        interruption in coverage for or reduction of any retirement, 
        health, leave, or other employee benefit.
            (3) Eligible employees that are hired by the secretary.--
                    (A) Level of benefits.--The Secretary shall provide 
                to an eligible employee that is hired by the Forest 
                Service a level of retirement and health benefits that 
                is equivalent to the level to which the eligible 
                employee would have been entitled if the eligible 
                employee had remained an employee of the Tennessee 
                Valley Authority.
                    (B) Transfer of retirement benefits.--
                            (i) In general.--All retirement benefits 
                        accrued by an eligible employee that is hired 
                        by the Forest Service shall be transferred into 
                        the Federal Retirement System of the Forest 
                        Service.
                            (ii) Funding shortfall.--
                                    (I) In general.--For all eligible 
                                employees that are not part of the 
                                Civil Service Retirement System, the 
                                Tennessee Valley Authority shall meet 
                                any funding shortfall resulting from 
                                the transfer of retirement benefits.
                                    (II) Notification.--The Secretary 
                                shall notify the Tennessee Valley 
                                Authority Board of the cost associated 
                                with the transfer of retirement 
                                benefits.
                                    (III) Payment.--Not later than 60 
                                days after notification under subclause 
                                (II), the Tennessee Valley Authority, 
                                using nonappropriated funds, shall 
                                fully compensate the Secretary for the 
                                costs associated with the transfer of 
                                retirement benefits.
                                    (IV) No interruption.--An eligible 
                                employee that is hired by the Forest 
                                Service and is eligible for Civil 
                                Service Retirement shall not experience 
                                any interruption in retirement 
                                benefits.
                    (B) No interruption.--An eligible employee that is 
                hired by the Secretary--
                            (i) shall experience no interruption in 
                        coverage for any health, leave, or other 
                        employee benefit; and
                            (ii) shall be entitled to carry over any 
                        leave time accumulated during employment by the 
                        Tennessee Valley Authority.
                    (C) Period of service.--Notwithstanding section 
                8411(b)(3) of title 5, United States Code, except to 
                the extent that an eligible employee may be otherwise 
                compensated (including the provision of retirement 
                benefits in accordance with the memorandum of 
                understanding) for the period of service as an employee 
                of the Tennessee Valley Authority, that period of 
                service shall be treated as a period of service as an 
                employee of the Secretary for all purposes relating to 
                the Federal employment of the eligible employee.
            (4) Eligible employees that are discharged not for cause.--
                    (A) Level of benefits.--The parties to the 
                memorandum of understanding shall have authority to 
                deem any applicable requirement to be met, to make 
                payments to an employee, or take any other action 
                necessary to provide to an eligible employee that is 
                discharged as being excess to the needs of the 
                Tennessee Valley Authority or the Secretary and not for 
                cause and that does not accept an offer of employment 
                from the Secretary, an optimum level of retirement and 
                health benefits that is equivalent to the level that 
                has been afforded employees discharged in previous 
                reductions in force by the Tennessee Valley Authority.
                    (B) Minimum benefits.--An eligible employee that is 
                discharged as being excess to the needs of the 
                Tennessee Valley Authority or the Secretary and not for 
                cause shall, at a minimum, be entitled to--
                            (i) at the option of the eligible 
                        employee--
                                    (I) a lump-sum equal to $1,000, 
                                multiplied by the number of years of 
                                service of the eligible employee (but 
                                not less than $15,000 nor more than 
                                $25,000);
                                    (II) a lump-sum payment equal to 
                                the amount of pay earned by the 
                                eligible employee for the last 26 weeks 
                                of the eligible employee's service; or
                                    (III) the deemed addition of 5 
                                years to the age and years of service 
                                of an eligible employee;
                            (ii) 15 months of health benefits for 
                        employees and dependents at the same level 
                        provided as of September 30, 1998;
                            (iii) 1 week of pay per year of service as 
                        provided by the Tennessee Valley Authority 
                        Retirement System;
                            (iv) a lump-sum payment of all accumulated 
                        annual leave;
                            (v) unemployment compensation in accordance 
                        with State law;
                            (vi) eligible pension benefits as provided 
                        by the Tennessee Valley Authority Retirement 
                        System; and
                            (vii) retraining assistance provided by the 
                        Tennessee Valley Authority.
                    (C) Shortfall.--If the board of directors of the 
                Tennessee Valley Authority Retirement System determines 
                that the cost of providing the benefits described in 
                subparagraph (B) would have a negative impact on the 
                overall retirement system, the Tennessee Valley 
                Authority shall be required to meet any funding 
                shortfalls using nonappropriated funds.

                           TITLE IV--FUNDING

SEC. 401. TENNESSEE VALLEY AUTHORITY TRANSITIONAL FUNDING.

    (a) Availability to the Secretary.--
            (1) In general.--After the effective date of transfer of 
        jurisdiction of the Recreation Area from the Tennessee Valley 
        Authority to the Secretary, all of the funds authorized to be 
        appropriated to the Tennessee Valley Authority for the 
        administration of the Recreation Area shall be available to the 
        Secretary to carry out this Act.
            (2) Interagency agreement.--Funds made available to the 
        Tennessee Valley Authority for the transition shall be made 
        available to the Secretary pursuant to an interagency 
        agreement.
    (b) Availability to the United States Fish and Wildlife Service.--
Funds appropriated to the Secretary of the Interior for purposes of the 
United States Fish and Wildlife Service shall be available to 
administer any portions of the Recreation Area that are authorized for 
administration by the Service under section 206(a).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Agriculture.--There are authorized to be appropriated to the 
Secretary of Agriculture such sums as are necessary to--
            (1) permit the Secretary to exercise administrative 
        jurisdiction over the Recreation Area under this Act; and
            (2) administer the Recreation Area as a unit of the 
        National Forest System.
    (b) Interior.--There are authorized to be appropriated to the 
Secretary of the Interior such sums as are necessary to carry out 
activities within the Recreation Area.
                                 <all>