[Senate Report 117-202]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 553

117th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 117-202

======================================================================
 
            LAND BETWEEN THE LAKES NATIONAL RECREATION AREA

                                _______
                                

               November 17, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 3997]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3997), 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, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.

                               Amendment

    Strike all after the enacting clause and insert the 
following:

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 non-appropriated 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 3 (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).''

                                Purpose

    The purpose of S. 3997 is to amend the Land Between the 
Lakes Protection Act of 1998 to clarify the administration of 
the Land Between the Lakes National Recreation Area.

                          Background and Need

    The Land Between the Lakes Protection Act of 1998 (title V 
of Public Law 105-277; 16 U.S.C. 460lll et seq.) transferred 
administration of the Land Between the Lakes National 
Recreation Area from the Tennessee Valley Authority to the 
Forest Service on October 1, 1999. The national recreation area 
includes over 170,000 acres of land between Kentucky and 
Barkley lakes in Western Kentucky and Tennessee.
    Local communities have expressed concern over a lack of 
sufficient funding and sufficient law enforcement personnel at 
the national recreation area. S. 3997 makes several amendments 
to the management provisions of the Land Between the Lakes 
Protection Act of 1998, including: expanding the role of the 
Land Between the Lakes Advisory Board; using funds collected by 
fees for deferred maintenance instead of for general management 
and salaries; encouraging the Forest Service to enter into 
Memorandum of Agreements with state and local governments, 
including local law enforcement, to clarify jurisdictional 
matters; and to authorize annual appropriations for the 
national recreation area of no less than $15 million annually.

                          Legislative History

    S. 3997 was introduced by Senator McConnell on April 5, 
2022. Senators Hagerty and Blackburn are cosponsors. 
Representative Comer introduced a companion bill H.R. 7399 in 
the House of Representatives on April 5, 2022. The Subcommittee 
on Public Lands, Forests, and Mining held a hearing on S. 3997 
on June 7, 2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 3997, if 
amended as described herein. Senator Lee asked to be recorded 
as voting no.

                          Committee Amendment

    During its consideration of S. 3997, the Committee adopted 
an amendment in the nature of a substitute that clarifies the 
role of the Advisory Board, directs the Forest Service to 
consult with the Advisory Board on determining fees, defines 
individuals who qualify for plots in the cemeteries, includes 
provisions clarifying protection of historical resources, and 
increases the minimum amount authorized to be appropriated each 
year to $15 million. Th amendment is explained in detail in the 
section-by-section analysis, below.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the bill's short title, the ``Land 
Between the Lakes Recreation and Heritage Act.''

Sec. 2. Administration of the Land Between the Lakes National 
        Recreation Area

    Section 2(a) amends section 502 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll; ``the Act'') to 
add a definition for a ``qualified resident or relative'' 
(relating to burials at existing cemeteries within the national 
recreation area).
    Subsection (b) amends section 511 of the Act (16 U.S.C. 
460lll-11(b)) to direct the Secretary of Agriculture 
(Secretary) to administer the national recreation area as a 
separate unit of the National Forest System.
    Subsection (c) amends section 522 of the Act (16 U.S.C. 
460lll-22) by making several changes to the membership and 
responsibilities of the Land Between the Lakes Advisory Board.
    Subsection (d) amends section 523(a) of the Act (16 U.S.C. 
460lll-23(a)) by requiring the Secretary to consult with the 
Advisory Board and be consistent with the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6801 et seq.) when 
establishing fee amounts.
    Subsection (e) amends the section 524 of the Act (16 U.S.C. 
460lll-24) to provide that amounts in the Land Between the 
Lakes Management Fund shall be available, without further 
appropriation, for construction, improvement, or maintenance in 
the national recreation area. The subsection prohibits amounts 
in the Fund from being used for management of the national 
recreation area, including for salaries and expenses.
    Subsection (f) amends section 526 of the Act (16 U.S.C. 
460lll-26) to authorize the Secretary to enter into Memoranda 
of Understandings with state or local governmental entities for 
the purpose of carrying out this Act, including for law 
enforcement, as appropriate.
    Subsection (g) amends section 528 of the Act (16 U.S.C. 
460lll-28) by authorizing the Secretary to grant additional 
land to expand cemeteries within the national recreation area 
for qualified residents and relatives. Expenses related to the 
cemetery expansions are the responsibility of the person making 
the request.
    Subsection (h) amends section 529 of the Act (16 U.S.C. 
460lll-29) to provide that the Secretary shall identify and 
manage historical resources in accordance with the national 
recreation area in accordance with the National Historic 
Preservation Act (division A of subtitle III of title 54, 
United States Code), in consultation with qualified residents 
or relatives. The Secretary is directed to give consideration 
to requests by qualified residents or relatives to use and 
maintain cemeteries and other traditional sites and areas of 
cultural importance.
    Subsection (i) amends section 551 of the Act (16 U.S.C. 
460lll-61) to authorize the appropriation of not less than 
$15,000,000 each fiscal year for the national recreation area.

                   Cost and Budgetary Considerations

    The Congressional Budget Office's estimate of the cost of 
S. 3997, as ordered reported, follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 3997 would authorize the appropriation of $15 million 
annually for the Forest Service to manage the Land Between the 
Lakes National Recreation Area. The bill also would limit the 
purposes for which user fees collected at the area can be 
spent.
    For this estimate, CBO assumes that S. 3997 will be enacted 
before the end of calendar year 2022 and that the authorized 
amounts will be provided beginning in fiscal year 2023. Current 
law authorizes the appropriation of whatever amounts are 
necessary for the Forest Service to manage that area and over 
the past five years the Forest Service has allocated $6 
million, on average, for that purpose. Thus, CBO estimates that 
the bill would effectively authorize the appropriation of an 
additional $9 million each year, reflecting the difference 
between the amount authorized in the bill and the amount the 
Forest Service has allocated in recent years. On that basis and 
using historical spending patterns for similar activities, CBO 
estimates that implementing S.3997 would cost $39 million over 
the 2022-2027 period, assuming appropriation of those amounts, 
consistent with historical allocations by the Forest Service.
    Under current law, the Forest Service collects user fees at 
the recreation area that are classified in the budget as 
offsetting receipts (or reductions in direct spending). The 
collections average about $5 million annually and are deposited 
into the area's management fund and can be spent without 
further appropriation for on-site management and 
administration, including salaries and expenses. CBO does not 
expect the amount of fees collected at the recreation area to 
change under the bill.
    S. 3997 would limit the spending of those fees to 
construction, improvement, and maintenance in the recreation 
area. Based on historical patterns for similar activities, CBO 
expects that the Forest Service would spend the amounts 
collected under the bill more slowly than would be the case 
under current law. As a result, CBO estimates that direct 
spending would decline by about $1 million over the 2022-2032 
period.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3997
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2022     2023     2024     2025     2026     2027   2022-2027
----------------------------------------------------------------------------------------------------------------
Estimated Authorizationa.......................        0        9        9        9        9        9        45
Estimated Outlays..............................        0        5        7        9        9        9        39
----------------------------------------------------------------------------------------------------------------
CBO assumes that the legislation will be enacted by the end of calendar year 2022 and that the authorized
  amounts will be provided beginning in 2023.
aThe bill would authorize the appropriation of $15 million a year to manage the recreation area. However,
  current law already authorizes the appropriation of whatever amounts are necessary for that purpose. The
  Forest Service has allocated an average of $6 million a year over the last few years to manage the recreation
  area; thus, CBO's estimate reflects the difference between the authorized amount and the average allocated
  amount.

    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 3997. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 3997, as ordered reported.

                   Congressionally Directed Spending

    S. 3997, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Agriculture 
at the June 7, 2022, subcommittee hearing on S. 3997 follows:

   Statement of Christopher B. French, Deputy Chief, National Forest 
         System, U.S. Department of Agriculture, Forest Service

    USDA recognizes the significance of the Land Between the 
Lakes Protection Act and the uniqueness of this treasured piece 
of public land within the National Forest System. We share the 
commitment of this Subcommittee to ensure the Land Between the 
Lakes National Recreation Area is a safe and enjoyable place 
for visitors to recreate.
    S. 3997 directs the Secretary to administer the Land 
Between the Lakes National Recreation Area as a separate unit 
of the National Forest System. USDA has managed Land Between 
the Lakes as a separate unit of the National Forest System 
since the Land Between the Lakes Protection Act was passed in 
1998. USDA supports the amended text that will allow the USDA 
Forest Service to continue administering Land Between the Lakes 
as its own unit within the National Forest System.
    This legislation proposes several changes to the Land 
Between the Lakes Protection Act, including changes to the 
membership and function of the Land Between the Lakes Advisory 
Board. All Forest Service advisory boards are subject to the 
Federal Advisory Committee Act, and some of the amendments 
might conflict with that statute. Additionally, the proposed 
language would impact multi-year land management plans, 
funding, and annual planning. USDA would like to work with the 
Subcommittee and bill sponsors to ensure these changes do not 
disrupt existing programs, projects, and service to the public.
    S. 3997 would allow the Secretary to charge reasonable 
recreation fees, as determined by the Land Between the Lakes 
Advisory Board, for admission to and the use of designated 
sites, or for activities, within the Land Between the Lakes 
Recreation Area. The Forest Service has recreation fee 
authority under the Federal Lands Recreation Enhancement Act. 
The bill appears to shift this existing recreation fee 
authority to the Land Between the Lakes Advisory Board. The 
Forest Service would like to retain its recreation fee 
authority for the Land Between the Lakes Recreation Area, and 
we look forward to working with the Subcommittee and bill 
sponsors on clarifying this language.
    One of the unique aspects of Land Between the Lakes is the 
Land Between the Lakes Management Fund. Funds authorized for 
retention in the Management Fund under S.337 can be used for 
new work or deferred maintenance. While this is helpful, the 
restriction on use of these funds for salaries or expenses will 
limit its impact. These limitations on expenditures would make 
it difficult for the Forest Service to perform the new work and 
deferred maintenance authorized by the amendment.
    S. 3997 encourages the Secretary of Agriculture to execute 
memoranda of understanding with State or local governmental 
entities, including law enforcement, as appropriate, to clarify 
jurisdictional matters, such as road management, policing, and 
other functions that are typically performed by the State or 
local governmental entities on non-Federal land. USDA supports 
this amendment. The Forest Service's Law Enforcement and 
Investigations staff are actively engaging with local 
governmental and law enforcement entities to develop memoranda 
of understanding and cooperative law enforcement agreements.
    There are approximately 270 documented cemeteries at Land 
Between the Lakes that remain available to residents and 
relatives. S. 3997 provides access to certain cemetery plots 
for qualified residents, relatives, and cemetery associations. 
USDA supports amendments to existing legislation that would 
increase access to cemetery plots at Land Between the Lakes. 
However, the amendments as written could cause complications, 
including: a situation where one person could cause others to 
incur expenses without their knowledge; the need to construct 
roads; and unlimited expansion, which could cause adjacent 
multi-use land to be degraded over time. USDA would like to 
work with the Subcommittee and bill sponsors to clarify 
concerns over the cemetery plot provision in the bill.
    S. 3997 directs the Secretary of Agriculture to identify 
and manage the historical resources of the Land Between the 
Lakes Recreation Area in accordance with the requirements of 
division A, subtitle III, of title 54 of the United States Code 
(formerly known as the National Historic Preservation Act) and 
in coordination with qualified residents or relatives. S. 3997 
also directs the Secretary to consider requests by qualified 
residents or relatives to use and maintain areas of cultural 
importance, and to work cooperatively with qualified residents 
or relatives in the management of historical resources.
    USDA agrees all sites in the Land Between the Lakes 
National Recreation Area need to be evaluated for historical 
significance. However, the Department is concerned about the 
language as written, as it would have significant budgetary 
impacts and does not address the parameters for revitalizing 
the historical resources. The Forest Service has received 
multiple notifications regarding historical buildings at Land 
Between the Lakes Recreation Area that are not structurally 
safe and are in such poor condition that revitalization would 
require millions of taxpayer dollars. The agency would like to 
work with the Subcommittee and bill sponsors to establish 
parameters for identifying and managing the historical 
resources at Land Between the Lakes.
    The Forest Service appreciates the increase in authorized 
funding for Land Between the Lakes. However, shifting this 
funding from the agency's existing budget would create 
significant hurdles for other National Forest System lands in 
the 13 Southern Region states and Puerto Rico.
    USDA would like to work with the Subcommittee and bill 
sponsors to address these concerns to make future management of 
the Land Between the Lakes National Recreation Area more 
efficient and feasible.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 3997, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

           The Land Between the Lakes Protection Act of 1988

    Title V of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 In Division A of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999

           *       *       *       *       *       *       *


             TITLE V--LAND BETWEEN THE LAKES PROTECTION ACT

SEC. 501. SHORT TITLE.

    This title may be referred to as ``The Land Between the 
Lakes Protection Act of 1998''.

SEC. 502. DEFINITIONS.

    In this title:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.

           *       *       *       *       *       *       *

          (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) 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.
          [(11)] (12) Recreation area.--The term ``Recreation 
        Area'' means the Land Between the Lakes National 
        Recreation Area.
          [(12)] (13) 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)] (14) 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)] (15) Secretary.--The term ``Secretary'' means 
        the Secretary of Agriculture.
          [(15)] (16) State.--The term ``State'' means the 
        State of Kentucky and the State of Tennessee.

           *       *       *       *       *       *       *


      Subtitle A--Establishment, Administration, and Jurisdiction

SEC. 511. ESTABLISHMENT.

    (a) In General.--On the transfer of administrative 
jurisdiction under section 541, 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.]
          (3) Status of unit.--The Secretary shall administer 
        the Recreation Area as a separate unit of the National 
        Forest System.

           *       *       *       *       *       *       *


SEC. 522. ADVISORY BOARD.

    (a) Establishment.--Not later than 90 days after the date 
of transfer pursuant to section 541, the Secretary shall 
establish the Land Between the Lakes Advisory Board.
    (b) Membership.--The Advisory Board shall be composed of 
[17] 13 members, of whom--
          (1) 4 individuals shall be 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 shall be appointed by the Kentucky 
        Fish and Wildlife Commissioner or designee;
          (3) 1 individual shall be appointed by the Tennessee 
        Fish and Wildlife Commission or designee; and
          [(4) 2 individuals shall be appointed by the Governor 
        of the State of Tennessee;
          [(5) 2 individuals shall be appointed by the Governor 
        of the State of Kentucky; and]
          [(6)] (4) 2 individuals shall be appointed by 
        appropriate officials of each of the 3 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.]
          (2) Nonconsecutive terms.--Members of the Advisory 
        Board may serve multiple terms, but may not serve 
        consecutive terms.
    (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] shall 
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[.];
          (3) an annual work plan for recreation and 
        environment education areas in the Recreation Area, 
        including the heritage program, with the non-
        appropriated 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.
    (g) Meetings.--
          (1) Frequency.--The Advisory Board shall meet at 
        least [biannually] twice each year.
          (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, on a 
        public website of the Department of Agriculture, other 
        appropriate means shall give 2 weeks' public notice of 
        each meeting of the Advisory Board.
          (4) Minutes.--The Secretary shall publish the minutes 
        of each meeting of the Advisory Board on a public 
        website of the Department of Agriculture.
    (h) No Termination.--Section 14(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Advisory Board.

SEC. 523. FEES.

    (a) Authority.--The Secretary [may charge reasonable fees] 
shall charge reasonable fees, in consultation with the Advisory 
Board and consistent with the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801 et seq.), for admission to and 
the use of the designated sites, or for activities, within the 
Recreation Area.
    (b) Factors.--In determining whether to charge fees, the 
Secretary may consider the costs of collection weighed against 
potential income.
    (c) Limitation.--No general entrance fees shall be charged 
within the Recreation Area.

SEC. 524. 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.]
    (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.

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SEC. 526. COOPERATIVE AUTHORITIES AND GIFTS

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    (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.
    (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).

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SEC. 528. CEMETERIES.

    [The Secretary] (a) In General.--The Secretary shall 
maintain an inventory of and ensure access to cemeteries within 
the Recreation Area for purposes of burial, visitation, and 
maintenance.
    (b) Land for Plots for Qualified Residents or Relatives.--
          (1) Requests.--The Secretary, on request from a 
        qualified resident or relative or a cemetery 
        association, shall grant additional land for the minor 
        expansion of existing cemeteries within the Recreation 
        Area, to the extent necessary, to allow for the burial 
        of qualified residents or relatives.
          (2) Expenses.--Any expenses required to move border 
        fences or markers due to an expansion under paragraph 
        (1) shall be the responsibility of the person making 
        the request under that paragraph.

SEC. 529. 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 title affects 
        the jurisdiction or responsibilities of the States with 
        respect to wildlife and fish on national forests.
    (c) Historical Resources.--
          (1) In general.--The Secretary shall identify and 
        manage the historical resources of the Recreation 
        Area--
                  (A) in accordance with the requirements of 
                division A of subtitle III of title 54, 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.

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SEC. 551. AUTHORIZATION OF APPROPRIATIONS.

    (a) Agriculture.--There [are] is authorized to be 
appropriated to the Secretary of Agriculture [such sums as are 
necessary] not to exceed $15,000,000 for each fiscal year to--
          (1) permit the Secretary to exercise administrative 
        jurisdiction over the Recreation Area under this title; 
        and
          (2) administer the [Recreation Area area] 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.
    [(c) Use of Funds.--The Secretary of Agriculture may expend 
amounts appropriated or otherwise made available to carry out 
this subchapter 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, including campground management and visitor 
services, paid advertisement, and procurement of food and 
supplies for resale purposes.]
    (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).

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