[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3997 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 553
117th CONGRESS
  2d Session
                                S. 3997

                          [Report No. 117-202]

 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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Land Between the Lakes 
Recreation and Heritage Act'' or the ``LBL Recreation and Heritage 
Act''.</DELETED>

<DELETED>SEC. 2. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL 
              RECREATION AREA.</DELETED>

<DELETED>    (a) Definitions.--Section 502 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll) is amended--</DELETED>
        <DELETED>    (1) in paragraph (5)(B)--</DELETED>
                <DELETED>    (A) in clause (viii), by striking ``and'' 
                after the semicolon at the end;</DELETED>
                <DELETED>    (B) in clause (ix), by striking the period 
                at the end and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(x) division A of subtitle III 
                        of title 54, United States Code (formerly known 
                        as the `National Historic Preservation 
                        Act').'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (11) through (15) 
        as paragraphs (12) through (16), respectively; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(11) Qualified resident or relative.--The term 
        `qualified resident or relative' means--</DELETED>
                <DELETED>    ``(A) a former resident of the area within 
                the Recreation Area or the spouse of a former resident 
                of that area; or</DELETED>
                <DELETED>    ``(B) a widow, widower, or lineal 
                descendant of an individual buried in a cemetery 
                located in the Recreation Area.''.</DELETED>
<DELETED>    (b) Establishment.--Section 511(b) of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by 
striking paragraph (3) and inserting the following:</DELETED>
        <DELETED>    ``(3) Status of unit.--The Secretary shall 
        administer the Recreation Area as a separate unit of the 
        National Forest System.''.</DELETED>
<DELETED>    (c) Advisory Board.--Section 522 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``17'' and inserting ``13'';</DELETED>
                <DELETED>    (B) by striking paragraphs (4) and 
                (5);</DELETED>
                <DELETED>    (C) in paragraph (3), by adding ``and'' 
                after the semicolon at the end; and</DELETED>
                <DELETED>    (D) by redesignating paragraph (6) as 
                paragraph (4);</DELETED>
        <DELETED>    (2) in subsection (c), by striking paragraph (2) 
        and inserting the following:</DELETED>
        <DELETED>    ``(2) Nonconsecutive terms.--Members of the 
        Advisory Board may serve multiple terms, but may not serve 
        consecutive terms.'';</DELETED>
        <DELETED>    (3) in subsection (f)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``may advise'' and inserting ``shall advise 
                and partner with'';</DELETED>
                <DELETED>    (B) in paragraph (1), by striking ``and'' 
                after the semicolon at the end;</DELETED>
                <DELETED>    (C) in paragraph (2), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) developing an annual forest management and 
        harvest plan for the Recreation Area; and</DELETED>
        <DELETED>    ``(5) the balance and status of the Land Between 
        the Lakes Management Fund.''; and</DELETED>
        <DELETED>    (4) in subsection (g)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``biannually'' and inserting ``twice each 
                year'';</DELETED>
                <DELETED>    (B) in paragraph (3), by inserting ``, on 
                a public website of the Department of Agriculture,'' 
                before ``and by''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Fees.--Section 523(a) of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking 
``may charge reasonable fees'' and inserting ``shall charge reasonable 
fees, as determined by the Advisory Board,''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(b) Use.--Amounts in the Land Between the Lakes 
Management Fund--</DELETED>
        <DELETED>    ``(1) shall be available to the Secretary until 
        expended, without further appropriation, to perform new work or 
        deferred maintenance in the Recreation Area; and</DELETED>
        <DELETED>    ``(2) shall not be available for the payment of 
        salaries or other expenses.''.</DELETED>
<DELETED>    (f) Cooperative Authorities and Gifts.--Section 526 of the 
Land Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Memoranda of Understanding.--The Secretary is 
encouraged, for purposes of carrying out this Act--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) to make available on a public website of the 
        Department of Agriculture any memoranda of understanding 
        entered into under paragraph (1).''.</DELETED>
<DELETED>    (g) Cemeteries.--Section 528 of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--</DELETED>
        <DELETED>    (1) by striking ``The Secretary'' and inserting 
        the following:</DELETED>
<DELETED>    ``(a) In General.--The Secretary''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Land for Plots for Qualified Residents or 
Relatives.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (h) Resource Management.--Section 529 of the Land Between 
the Lakes Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(c) Historical Resources.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall identify 
        and manage the historical resources of the Recreation Area--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) in coordination with qualified 
                residents or relatives.</DELETED>
        <DELETED>    ``(2) Consideration.--The Secretary shall--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) work cooperatively with qualified 
                residents or relatives in the management of the 
                historical resources of the Recreation 
                Area.''.</DELETED>
<DELETED>    (i) Authorization of Appropriations.--Section 551 of the 
Land Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land Between the Lakes Recreation 
and Heritage Act''.

SEC. 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. 460lll) 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. 460lll-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. 460lll-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. 460lll-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. 460lll-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. 460lll-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. 460lll-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. 460lll-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).''.
                                                       Calendar No. 553

117th CONGRESS

  2d Session

                                S. 3997

                          [Report No. 117-202]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 17, 2022

                       Reported with an amendment