II
Calendar No. 553
117th CONGRESS
2d Session
S. 3997
[Report No. 117–202]
IN THE SENATE OF THE UNITED STATES
April 5, 2022
Mr. McConnell (for himself, Mr. Hagerty, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
November 17, 2022
Reported by Mr. Manchin, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Land Between the Lakes Protection Act of 1998 to clarify the administration of the Land Between the Lakes National Recreation Area, and for other purposes.
Short title
This Act may be cited as the Land Between the Lakes Recreation and Heritage Act
or the LBL Recreation and Heritage Act
.
Administration of the Land Between the Lakes National Recreation Area
Definitions
Section 502 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll) is amended—
in paragraph (5)(B)—
in clause (viii), by striking and
after the semicolon at the end;
in clause (ix), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act
).
;
by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and
by inserting after paragraph (10) the following:
Qualified resident or relative
The term qualified resident or relative means—
a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or
a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area.
.
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:
Status of unit
The Secretary shall administer the Recreation Area as a separate unit of the National Forest System.
.
Advisory board
Section 522 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–22) is amended—
in subsection (b)—
in the matter preceding paragraph (1), by striking 17
and inserting 13
;
by striking paragraphs (4) and (5);
in paragraph (3), by adding and
after the semicolon at the end; and
by redesignating paragraph (6) as paragraph (4);
in subsection (c), by striking paragraph (2) and inserting the following:
Nonconsecutive terms
Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms.
;
in subsection (f)—
in the matter preceding paragraph (1), by striking may advise
and inserting shall advise and partner with
;
in paragraph (1), by striking and
after the semicolon at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
developing an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund;
developing an annual forest management and harvest plan for the Recreation Area; and
the balance and status of the Land Between the Lakes Management Fund.
; and
in subsection (g)—
in paragraph (1), by striking biannually
and inserting twice each year
;
in paragraph (3), by inserting , on a public website of the Department of Agriculture,
before and by
; and
by adding at the end the following:
Minutes
The chairperson of the Advisory Board shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture.
.
Fees
Section 523(a) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–23(a)) is amended by striking may charge reasonable fees
and inserting shall charge reasonable fees, as determined by the Advisory Board,
.
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:
Use
Amounts in the Land Between the Lakes Management Fund—
shall be available to the Secretary until expended, without further appropriation, to perform new work or deferred maintenance in the Recreation Area; and
shall not be available for the payment of salaries or other expenses.
.
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:
Memoranda of understanding
The Secretary is encouraged, for purposes of carrying out this Act—
to enter into memoranda of understanding with State or local government entities, including law enforcement, as appropriate, to clarify jurisdictional matters, such as road management, policing, and other functions that are typically performed by the entity on non-Federal land; and
to make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1).
.
Cemeteries
Section 528 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–28) is amended—
by striking The Secretary
and inserting the following:
In general
The Secretary
; and
by adding at the end the following:
Land for plots for qualified residents or relatives
Requests
The Secretary, on request from a qualified resident or relative or a cemetery association, shall grant additional land for the expansion of existing cemeteries within the Recreation Area to allow for the burial of qualified residents or relatives.
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.
.
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:
Historical resources
In general
The Secretary shall identify and manage the historical resources of the Recreation Area—
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
in coordination with qualified residents or relatives.
Consideration
The Secretary shall—
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
work cooperatively with qualified residents or relatives in the management of the historical resources of the Recreation Area.
.
Authorization of appropriations
Section 551 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–61) is amended by adding at the end the following:
Minimum expenditure
Subject to the availability of appropriations under subsection (a), the Secretary shall make available not less than $8,000,000 each fiscal year for the purposes of administering the Recreation Area (not including salaries and expenses).
.
Short title
This Act may be cited as the Land Between the Lakes Recreation and Heritage Act
.
Administration of the Land Between the Lakes National Recreation Area
Definitions
Section 502 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll) is amended—
by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and
by inserting after paragraph (10) the following:
Qualified resident or relative
The term qualified resident or relative means—
a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or
a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area.
.
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:
Status of unit
The Secretary shall administer the Recreation Area as a separate unit of the National Forest System.
.
Advisory board
Section 522 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–22) is amended—
in subsection (b)—
in the matter preceding paragraph (1), by striking 17
and inserting 13
;
by striking paragraphs (4) and (5);
in paragraph (3), by adding and
after the semicolon at the end; and
by redesignating paragraph (6) as paragraph (4);
in subsection (c), by striking paragraph (2) and inserting the following:
Nonconsecutive terms
Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms.
;
in subsection (f)—
in the matter preceding paragraph (1), by striking may advise
and inserting shall advise
;
in paragraph (1), by striking and
after the semicolon at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund;
an annual forest management and harvest plan for the Recreation Area; and
the Land Between the Lakes Management Fund.
; and
in subsection (g)—
in paragraph (1), by striking biannually
and inserting twice each year
;
in paragraph (3), by inserting , on a public website of the Department of Agriculture,
before and by
; and
by adding at the end the following:
Minutes
The Secretary shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture.
.
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.),
.
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:
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.
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.
.
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:
Memoranda of understanding
The Secretary may, for purposes of carrying out this Act—
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
make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1).
.
Cemeteries
Section 528 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–28) is amended—
by striking The Secretary
and inserting the following:
In general
The Secretary
; and
by adding at the end the following:
Land for plots for qualified residents or relatives
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.
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.
.
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:
Historical resources
In general
The Secretary shall identify and manage the historical resources of the Recreation Area—
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
in consultation with qualified residents or relatives.
Consideration
The Secretary shall—
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
consult with qualified residents or relatives in the management of the historical resources of the Recreation Area.
.
Authorization of appropriations
Section 551 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.460lll–61) is amended—
in subsection (a)—
in the matter preceding paragraph (1)—
by striking are
and inserting is
; and
by striking such sums as are necessary
and inserting not to exceed $15,000,000 for each fiscal year
; and
in paragraph (2), by striking Recreation Area area
and inserting Recreation Area
; and
by striking subsection (c) and inserting the following:
Use of funds
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.
Exception
The Secretary of Agriculture shall not use amounts appropriated to carry out this title for an activity described in section 524(b).
.
November 17, 2022
Reported with an amendment