USC Subchapter CXXIII

in effect

16 U.S.C. § 460lll–11 Establishment

(a) In generalOn the transfer of administrative jurisdiction under section 460lll–41 of this title, 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 generalThe Secretary shall manage the Recreation Area for multiple use as a unit of the National Forest System. (2) EmphasesThe 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 unitThe Secretary shall administer the Recreation Area as a separate unit of the National Forest System. (c) Area included(1) In generalThe 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) MapThe 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 navigationNothing in this subchapter 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 useSubject 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.

16 U.S.C. § 460lll–12 Civil and criminal jurisdiction

(a) AdministrationThe Secretary, acting through the Chief of the Forest Service, shall administer the Recreation Area in accordance with this subchapter and the laws, rules, and regulations pertaining to the National Forest System. (b) StatusLand 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.). (c) Law enforcementIn order to provide for a cost-effective transfer of the law enforcement responsibilities between the Forest Service and the Tennessee Valley Authority, the law enforcement authorities designated under section 831c–3 of this title are hereby granted to special agents and law enforcement officers of the Forest Service. The law enforcement authorities designated under section 551 of this title, section 559 of this title, the National Forest System Drug Control Act of 1986 (16 U.S.C. 559b–559g) are hereby granted to law enforcement agents of the Tennessee Valley Authority, within the boundaries of the Recreation Area, for a period of 1 year from October 21, 1998.

16 U.S.C. § 460lll–13 Payments to States and counties

(a) Payments in lieu of taxesLand within the Recreation Area shall be subject to the provisions for payments in lieu of taxes under chapter 69 of title 31. (b) DistributionAll amounts received from charges, use fees, and natural resource utilization, including timber and agricultural receipts, shall not be subject to distribution to States under section 500 of this title. (c) Payments by the Tennessee Valley AuthorityAfter the transfer of administrative jurisdiction is made under section 460lll–41 of this title—(1) the Tennessee Valley Authority shall continue to calculate the amount of payments to be made to States and counties under section 831l of this title; 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.

16 U.S.C. § 460lll–14 Forest highways

(a) In generalFor purposes of section 204 11 See References in Text note below. of title 23, 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 generalThe States shall be responsible for the maintenance of forest highways within the Recreation Area. (2) ReimbursementTo 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.

16 U.S.C. § 460lll–21 Land and resource management plan

(a) In generalAs 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 provisionUntil 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.

16 U.S.C. § 460lll–22 Advisory Board

(a) EstablishmentNot 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) MembershipThe 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 generalThe term of a member of the Advisory Board shall be 5 years. (2) Nonconsecutive termsMembers of the Advisory Board may serve multiple terms, but may not serve consecutive terms. (d) ChairpersonThe Regional Forester shall serve as chairperson of the Advisory Board. (e) Rules of procedureThe Secretary shall prescribe the rules of procedure for the Advisory Board. (f) FunctionsThe 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) FrequencyThe Advisory Board shall meet at least twice each year. (2) Public meetingA meeting of the Advisory Board shall be open to the general public. (3) Notice of meetingsThe 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) MinutesThe Secretary shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture. (h) No terminationSection 1013(a) of title 5 shall not apply to the Advisory Board.

16 U.S.C. § 460lll–23 Fees

(a) AuthorityThe 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) FactorsIn determining whether to charge fees, the Secretary may consider the costs of collection weighed against potential income. (c) LimitationNo general entrance fees shall be charged within the Recreation Area.

16 U.S.C. § 460lll–24 Disposition of receipts

(a) In generalAll 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) UseAmounts 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 FundExcept 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.

16 U.S.C. § 460lll–25 Special use authorizations

(a) In generalIn 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 generalConsideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value. (2) Reduction or waiverThe 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) ProcedureThe 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 generalA 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) ReissuanceA permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary. (3) Exercise of rightsThe 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.

16 U.S.C. § 460lll–26 Cooperative authorities and gifts

(a) Fish and Wildlife Service(1) Management(A) In generalSubject 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 generalReasonable admission and use fees may be charged for all areas administered by the United States Fish and Wildlife Service. (ii) DepositThe fees shall be deposited in accordance with section 460lll–24 of this title. (2) CooperationThe 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 managementThe 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) AuthoritiesFor 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 understandingThe 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).

16 U.S.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.

16 U.S.C. § 460lll–28 Cemeteries

(a) In generalThe 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) RequestsThe 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) ExpensesAny 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.

16 U.S.C. § 460lll–29 Resource management

(a) Minerals(1) WithdrawalThe 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 materialsThe 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 generalThe 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 generalThe 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) ConsultationExcept 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 wildlifeNothing 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 generalThe 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) ConsiderationThe 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.

16 U.S.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.

16 U.S.C. § 460lll–31 Trust Fund

(a) EstablishmentThere is established in the Treasury of the United States a special interest-bearing fund known as the “Land Between the Lakes Trust Fund”. (b) AvailabilityAmounts 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) DepositsThe 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.

16 U.S.C. § 460lll–41 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, or, if this Act is enacted during a fiscal year for which Congress has not made such an appropriation, effective as of October 21, 1998, administrative jurisdiction over the Recreation Area is transferred from the Tennessee Valley Authority to the Secretary.

16 U.S.C. § 460lll–42 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.

16 U.S.C. § 460lll–43 Memorandum of agreement

(a) In generalNot later than 30 days after the date of transfer pursuant to section 460lll–41 of this title, the Secretary and the Tennessee Valley Authority shall enter into a memorandum of agreement concerning implementation of this subchapter. (b) ProvisionsThe 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 generalThe memorandum of understanding may provide for a transition team consisting of the Tennessee Valley Authority and Forest Service employees. (2) DurationThe team may continue in existence after the date of transfer. (3) Personnel costsThe Tennessee Valley Authority and the Forest Service shall pay personnel costs of their respective team members.

16 U.S.C. § 460lll–44 Records

(a) Recreation Area recordsThe Secretary shall have access to all records of the Tennessee Valley Authority pertaining to the management of the Recreation Area. (b) Personnel recordsThe 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) ConfidentialityThe 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 recordsThe 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.

16 U.S.C. § 460lll–45 Transfer of personal property

(a) Subject property(1) InventoryNot later than 60 days after the date of transfer pursuant to section 460lll–41 of this title, 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 generalAll Tennessee Valley Authority property associated with the administration of the Recreation Area, 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 includedProperty 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 propertyAt 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) DesignationPursuant to such procedures as may be prescribed in the memorandum of agreement entered into under section 460lll–43 of this title, the Secretary shall identify and designate, in writing, all Tennessee Valley Authority property to be transferred to the Secretary. (c) Facilitation of transferThe Tennessee Valley Authority shall, to the maximum extent practicable, use current personnel to facilitate the transfer of 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. Funding for these costs shall be derived from funding described in section 460lll–49 of this title. (d) Surplus property(1) DispositionAny 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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (2) Deposit of proceedsAll net proceeds from the disposal of any property shall be deposited into the Fund established by section 460lll–31 of this title.

16 U.S.C. § 460lll–46 Compliance with environmental laws

(a) Documentation of existing conditions(1) In generalNot later than 60 days after the date of transfer pursuant to section 460lll–41 of this title, 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 documentationThe 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) AssessmentNot later than 120 days after the date of transfer pursuant to section 460lll–41 of this title, 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 understandingIf 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 actionOn 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 generalThe transfer of the Recreation Area property under this subchapter, 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) AccessAfter 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 liabilityThe 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 liabilitiesExcept as provided in paragraph (3), nothing in this subchapter affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary. (e) Other Federal agenciesSubject 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.

16 U.S.C. § 460lll–47 Personnel

(a) In general(1) HiringNotwithstanding section 3503 of title 5, 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 generalFor 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 and all other compensation of those eligible employees. (B) Notice to employeesThe Secretary shall provide eligible employees a written notice of not less than 60 days before termination. (C) Termination for causeSubparagraph (A) does not preclude a termination for cause during the period described in subparagraph (A). (b) Applications for transfer and appointmentAn 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 Secretary(1) In generalSubject 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 hiringNotwithstanding 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 appointmentsNotwithstanding 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 serviceExcept 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 Tennessee Valley AuthorityThe 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 generalThe Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority 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 participationIn deciding on the terms of the memorandum of understanding, the Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority 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 TVAAn 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 benefitsThe 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(i) In generalEligible employees hired by the Forest Service shall become members of the Civil Service Retirement System (CSRS) Offset Plan and shall have the option to transfer into the Federal Employees Retirement System (FERS) within six months of their date of transfer. Such employees shall have the option at any time to receive credit in CSRS Offset or FERS for all of their TVA service in accordance with applicable procedures. Any deposits necessary to receive credit for such service shall be considered transfers to a qualified plan for purposes of favorable tax treatment of such amount under title 26. (ii) Funding shortfall(I) In generalFor 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) NotificationThe Secretary shall notify the Tennessee Valley Authority Board of the cost associated with the transfer of retirement benefits. (III) PaymentThe Tennessee Valley Authority shall fully compensate the Secretary for the costs associated with the transfer of retirement benefits. (IV) No interruptionAn eligible employee that is hired by the Forest Service and is eligible for Civil Service Retirement shall not experience any interruption in retirement benefits. (C) No interruptionAn 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. (D) Period of serviceNotwithstanding section 8411(b)(3) of title 5, 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 U.S. Department of Agriculture for all purposes relating to the Federal employment of the eligible employee. (4) Eligible employees that are discharged not for cause(A) Level of benefitsThe 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 benefitsAn 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 that $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 the years of service of an eligible employee; (ii) 15 months of health benefits for employees and dependents at the same level provided as of the date of transfer pursuant to section 460lll–41 of this title; (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) ShortfallIf the board of directors of the Tennessee Valley Authority Retirement System determines that the cost of providing the benefits described in subparagraphs (A) and (B) would have a negative impact on the overall retirement system, the Tennessee Valley Authority shall be required to meet any funding shortfalls.

16 U.S.C. § 460lll–48 Tennessee Valley Authority transfer costs

Any costs incurred by Tennessee Valley Authority associated with the transfer under this part shall be derived from funding described in section 460lll–49 of this title.

16 U.S.C. § 460lll–49 Tennessee Valley Authority transfer funding

(a) In generalThe funding described in this section is funding derived from only 1 or more of the following sources:(1) Nonpower fund balances and collections. (2) Investment returns of the nonpower program. (3) Applied programmatic savings in the power and nonpower programs. (4) Savings from the suspension of bonuses and awards. (5) Savings from reductions in memberships and contributions. (6) Increases in collections resulting from nonpower activities, including user fees. (7) Increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers. (b) AvailabilityFunds from the sources described in subsection (a) shall be available notwithstanding section 11, 14, 15, or 29 [16 U.S.C. 831j, 831m, 831n, 831bb] or any other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) or any provisions of the covenants contained in any power bonds issued by the Tennessee Valley Authority. (c) Sufficiency of savingsThe savings from and the revenue adjustment to the budget of the Tennessee Valley Authority for the first fiscal year of the transfer and each fiscal year thereafter shall be sufficient so that the net spending authority and resulting outlays to carry out activities with funding described in subsection (a) shall not exceed $0 for the first fiscal year of the transfer and each fiscal year thereafter. (d) Itemized list of reductions and increased receipts(1) Proposed changesNot later than 30 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts that are proposed to be made as a result of activities under this subsection during the first fiscal year of the transfer. (2) Actual changesNot later than 24 months after the effective date of the transfer, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts as a result of activities under this subsection during the first fiscal year of the transfer.

16 U.S.C. § 460lll–61 Authorization of appropriations

(a) AgricultureThere 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 subchapter; and (2) administer the Recreation Area as a unit of the National Forest System. (b) InteriorThere 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(1) In generalExcept as provided in paragraph (2), the Secretary of Agriculture may expend amounts appropriated 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 of Agriculture, including campground management and visitor services, paid advertisement, and procurement of food and supplies for resale purposes. (2) ExceptionThe Secretary of Agriculture shall not use amounts appropriated to carry out this subchapter for an activity described in section 460lll–24(b) of this title.

16 U.S.C. § 460lll Definitions

In this subchapter: (1) AdministratorThe term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Advisory BoardThe term “Advisory Board” means the Land Between the Lakes Advisory Board established under section 460lll–22 of this title. (3) ChairmanThe term “Chairman” means the Chairman of the Board of Directors of the Tennessee Valley Authority. (4) Eligible employeeThe term “eligible employee” means a person that was, on the date of transfer pursuant to section 460lll–41 of this title, a full-time or part-time annual employee of the Tennessee Valley Authority at the Recreation Area. (5) Environmental law(A) In generalThe 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) InclusionsThe 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.); (vii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (viii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (ix) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (6) Forest highwayThe term “forest highway” has the meaning given the term in section 101(a) of title 23.11 See References in Text note below. (7) Governmental unitThe 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 substanceThe 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) PersonThe 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 contaminantThe 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 relativeThe 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. (12) Recreation AreaThe term “Recreation Area” means the Land Between the Lakes National Recreation Area. (13) ReleaseThe 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). (14) Response actionThe 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). (15) SecretaryThe term “Secretary” means the Secretary of Agriculture. (16) StateThe term “State” means the State of Kentucky and the State of Tennessee.

16 U.S.C. § 460lll–1 Purposes

The purposes of this subchapter 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.