Part B—Management Provisions

§460lll–21. Land and resource management plan

(a) In general

As soon as practicable after the effective date of the transfer of jurisdiction under section 460lll–41 of this title, 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 Natural Resource 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.

(Pub. L. 105–277, div. A, §101(e) [title V, §521], Oct. 21, 1998, 112 Stat. 2681–231, 2681-314.)

Editorial Notes

References in Text

The National Forest Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables.

§460lll–22. Advisory Board

(a) Establishment

Not later than 90 days after the date of transfer pursuant to section 460lll–41 of this title, the Secretary shall establish the Land Between the Lakes Advisory Board.

(b) Membership

The Advisory Board shall be composed of 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 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) 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 shall advise the Secretary on—

(1) means of promoting public participation for the land and resource management plan for the Recreation Area;

(2) environmental education;

(3) an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund;

(4) an annual forest management and harvest plan for the Recreation Area; and

(5) the Land Between the Lakes Management Fund.

(g) Meetings

(1) Frequency

The Advisory Board shall meet at least 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, on a public website of the Department of Agriculture, and by 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 1013(a) of title 5 shall not apply to the Advisory Board.

(Pub. L. 105–277, div. A, §101(e) [title V, §522], Oct. 21, 1998, 112 Stat. 2681–231, 2681-314; Pub. L. 117–286, §4(a)(94), Dec. 27, 2022, 136 Stat. 4316; Pub. L. 117–328, div. DD, title II, §201(c), Dec. 29, 2022, 136 Stat. 5582.)

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–328, §201(c)(1)(A), substituted "13" for "17" in introductory provisions.

Subsec. (b)(4). Pub. L. 117–328, §201(c)(1)(B)–(D), redesignated par. (6) as (4) and struck out former par. (4) which read as follows: "2 individuals shall be appointed by the Governor of the State of Tennessee;".

Subsec. (b)(5). Pub. L. 117–328, §201(c)(1)(B), struck out par. (5) which read as follows: "2 individuals shall be appointed by the Governor of the State of Kentucky; and".

Subsec. (b)(6). Pub. L. 117–328, §201(c)(1)(D), redesignated par. (6) as (4).

Subsec. (c)(2). Pub. L. 117–328, §201(c)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "Members of the Advisory Board may not succeed themselves."

Subsec. (f). Pub. L. 117–328, §201(c)(3)(A), substituted "shall advise" for "may advise" in introductory provisions.

Subsec. (f)(3) to (5). Pub. L. 117–328, §201(c)(3)(B)–(D), added pars. (3) to (5).

Subsec. (g)(1). Pub. L. 117–328, §201(c)(4)(A), substituted "twice each year" for "biannually".

Subsec. (g)(3). Pub. L. 117–328, §201(c)(4)(B), inserted ", on a public website of the Department of Agriculture," before "and by".

Subsec. (g)(4). Pub. L. 117–328, §201(c)(4)(C), added par. (4).

Subsec. (h). Pub. L. 117–286 substituted "Section 1013(a) of title 5" for "Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.)".

§460lll–23. Fees

(a) Authority

The Secretary 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.

(Pub. L. 105–277, div. A, §101(e) [title V, §523], Oct. 21, 1998, 112 Stat. 2681–231, 2681-315; Pub. L. 117–328, div. DD, title II, §201(d), Dec. 29, 2022, 136 Stat. 5582.)

Editorial Notes

References in Text

The Federal Lands Recreation Enhancement Act, referred to in subsec. (a), is title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, which is classified principally to chapter 87 (§6801 et seq.) of this title. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–328 substituted "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 "may charge reasonable fees".

§460lll–24. 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 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.

(Pub. L. 105–277, div. A, §101(e) [title V, §524], Oct. 21, 1998, 112 Stat. 2681–231, 2681-315; Pub. L. 117–328, div. DD, title II, §201(e), Dec. 29, 2022, 136 Stat. 5582.)

Editorial Notes

Amendments

2022—Subsecs. (b), (c). Pub. L. 117–328 added subsecs. (b) and (c) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "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."

§460lll–25. 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 United States 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 recreational sites or other facilities, consistent with sections 460lll–1(2) and 460lll–11(b)(2) of this title.

(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 transfer pursuant to section 460lll–41 of this title 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 or terminated under terms and conditions prescribed by the Secretary.

(3) Exercise of rights

The Secretary may exercise any of the rights of the Tennessee Valley Authority contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization.

(Pub. L. 105–277, div. A, §101(e) [title V, §525], Oct. 21, 1998, 112 Stat. 2681–231, 2681-315.)

§460lll–26. 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 460lll–24 of this title.

(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 section 2269 of title 7 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 subchapter—

(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).

(Pub. L. 105–277, div. A, §101(e) [title V, §526], Oct. 21, 1998, 112 Stat. 2681–231, 2681-316; Pub. L. 117–328, div. DD, title II, §201(f), Dec. 29, 2022, 136 Stat. 5583.)

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c), was in the original "this Act" and was translated as reading "this title", meaning section 101(e) [title V] of div. A of Pub. L. 105–277, known as The Land Between the Lakes Protection Act of 1998, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460lll of this title and Tables.

Amendments

2022—Subsec. (c). Pub. L. 117–328 added subsec. (c).

§460lll–27. Designation of national recreation trail

Effective on the date of transfer pursuant to section 460lll–41 of this title, the North-South Trail is designated as a national recreation trail under section 1243 of this title.

(Pub. L. 105–277, div. A, §101(e) [title V, §527], Oct. 21, 1998, 112 Stat. 2681–231, 2681-317.)

§460lll–28. Cemeteries

(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.

(Pub. L. 105–277, div. A, §101(e) [title V, §528], Oct. 21, 1998, 112 Stat. 2681–231, 2681-317; Pub. L. 117–328, div. DD, title II, §201(g), Dec. 29, 2022, 136 Stat. 5583.)

Editorial Notes

Amendments

2022—Pub. L. 117–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§460lll–29. 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 subchapter 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 (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.

(Pub. L. 105–277, div. A, §101(e) [title V, §529], Oct. 21, 1998, 112 Stat. 2681–231, 2681-317; Pub. L. 117–328, div. DD, title II, §201(h), Dec. 29, 2022, 136 Stat. 5583.)

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–328 added subsec. (c).

§460lll–30. Hematite Dam

Within one year from the date of transfer pursuant to section 460lll–41 of this title, the Tennessee Valley Authority shall cause any breach in the Hematite Dam to be repaired, or if such repairs have previously been made, the Tennessee Valley Authority shall certify in a letter to the Secretary the sound condition of the dam. Future repair costs and maintenance of the Hematite Dam shall be the responsibility of the Secretary.

(Pub. L. 105–277, div. A, §101(e) [title V, §530], Oct. 21, 1998, 112 Stat. 2681–231, 2681-317.)

§460lll–31. 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

The Tennessee Valley Authority shall deposit into the Fund $1,000,000 annually for each of the 5 fiscal years commencing in the first fiscal year of the transfer. Funding to carry out this section shall be derived from funding described in section 460lll–49 of this title.

(Pub. L. 105–277, div. A, §101(e) [title V, §531], Oct. 21, 1998, 112 Stat. 2681–231, 2681-317.)