[Congressional Record Volume 144, Number 40 (Wednesday, April 1, 1998)]
[Senate]
[Pages S2968-S2973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1896. A bill to transfer administrative jurisdiction over Land 
Between the Lakes National Recreation Area to the Secretary of 
Agriculture; to the Committee on Environment and Public Works.


           the land between the lakes protection act of 1998

  Mr. McCONNELL. Mr. President I have come to the floor today to 
introduce a bill known as the Land Between the Lakes Protection Act. 
Land Between the Lakes is a national treasure that must be protected. 
It is visited by more than 2 million tourists a year who enjoy its 
natural beauty, whether by camping, fishing, hunting, or just taking a 
long hike with the family.
  That's why, after studying this issue for over a year, we have 
drafted a bill to ensure that the LBL, which so many Kentuckians enjoy 
today, will be there for them--unchanged--tomorrow.
  As a member of the Senate Appropriations Committee, my top priority 
has been to provide LBL the money it needs to operate--including $6.9 
million last year. I remain committed to providing that funding to 
ensure that LBL remains a national treasure just like Mammoth Cave or 
Daniel Boone National Forest.
  But because of TVA Chairman Craven Crowell's harmful and ill-
considered request last year to zero-out LBL's funding, it may be that 
Congress will deny funding to TVA's non-power budget this year. Because 
of this reality, LBL needs a safety net. That's what this bill is--a 
safety net.
  If Congress decides to fund TVA then TVA will remain LBL's steward. 
If TVA is denied funding, my bill will safely and seamlessly transition 
LBL to a less controversial steward without interrupting the myriad of 
recreational activities that millions of visitors have come to enjoy 
every year.
  There may be some who want to gamble everything on TVA receiving its 
appropriation. But I believe LBL is far too precious for such an all or 
nothing gambit. That's why our bill provides for both contingencies.
  Mr. President, let me take a moment to explain some of the provisions 
I have included in this legislation based on the input I have received 
from area residents, and those who enjoy LBL. The goal of this bill is 
to ensure that the day to day operations of LBL remain the same for its 
visitors. Therefore, this bill codifies LBL's 1972 mission statement 
and ensures that the Forest Service continues to manage LBL for 
multiple use with a focus on recreation, conservation and environmental 
education.
  This legislation also gives the U.S. Fish and Wildlife Service the 
authority

[[Page S2969]]

to assist the Forest Service in managing the wildlife populations and 
educating visitors on the unique species at LBL, with an emphasis on 
endangered species, like the American bald eagle. LBL is home to over 
100 eagles.
  One of the most important aspects of this bill is the creation of a 
17-member citizen advisory board that will assist the Forest Service in 
establishing a management plan at LBL. I believe this will ensure that 
LBL managers are more responsive to the local concerns about 
development at LBL. This will ensure that proposals like the ``Five 
Concepts'' proposed by TVA in 1995 will never be considered again.
  We have given the authority to Federal, State and local officials to 
appoint the members to the board. While the board will represent a 
variety of interests, I am confident that each will have the best 
intentions for LBL foremost in mind.
  The Secretary will appoint 4 individuals, two from each state. The 
Governors from Kentucky and Tennessee will each nominate two 
individuals from their state. The Kentucky and Tennessee Fish and 
Wildlife Commissioners will each nominate 1 person. The Land Between 
the Lakes Association, which is a non-profit organization that operates 
the gift shops, planetarium and welcome stations at LBL, will nominate 
one individual. The County Judge Executives from each of the three 
counties, which make up LBL will each nominate two individuals.
  This bill also protects existing TVA payments to counties, and 
increases federal payments in lieu of taxes. This will ensure that 
county schools and county services are not negatively impacted.
  This bill creates a $5 million trust fund to be used for internships, 
education grants, and regional economic and tourism promotion.
  Finally, the bill also seeks to minimize any disruption to the 
employees working at LBL. We have sought to ensure that all eligible 
benefits provided to an employee will not be diminished or lost as a 
result of transferring this facility. This bill also provides a 
generous severance package based on a previous downsizing package 
offered by TVA.
  Mr. President, we are rapidly nearing the end of the fiscal year and 
we need to ensure that this safety net is available if TVA doesn't 
receive sufficient funding. I look forward to working with my 
colleagues in the House and Senate, Republican and Democrat alike, 
putting aside politics and doing right by all those who treasure LBL.
  Finally, I want to thank the hundreds of Kentuckians who have worked 
so closely with us in drafting this bill. I believe the plan we have 
arrived at together will help secure LBL's future for a long, long 
time.
  Mr. President, I ask unanimous consent that a copy of the legislation 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1896

       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.--

[[Page S2970]]

       (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

[[Page S2971]]

     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

[[Page S2972]]

     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.--

[[Page S2973]]

       (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 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.
                                 ______