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(continued)
private sector, the Commonwealth of Massachusetts, municipalities
surrounding Massachusetts and Cape Cod Bays, the Thompson Island
Outward Bound Education Center, and Trustees of Reservations, and
with historical, business, cultural, civic, recreational and
tourism organizations;
(3) to improve access to the Boston Harbor Islands through the
use of public water transportation; and
(4) to provide education and visitor information programs to
increase public understanding of and appreciation for the natural
and cultural resources of the Boston Harbor Islands, including
the history of Native American use and involvement.
(b) Definitions
For the purposes of this section -
(1) the term "recreation area" means the Boston Harbor Islands
National Recreation Area established by subsection (c) of this
section; and
(2) the term "Secretary" means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation Area
(1) Establishment
In order to preserve for the benefit and inspiration of the
people of the United States as a national recreation area certain
lands located in Massachusetts Bay, there is established as a
unit of the National Park System the Boston Harbor Islands
National Recreation Area.
(2) Boundaries
(A) The recreation area shall be comprised of the lands,
waters, and submerged lands generally depicted on the map
entitled "Proposed Boston Harbor Islands NRA", numbered BOHA
80,002, and dated September 1996. Such map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service. After advising the Committee on Resources
of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate, in writing, the Secretary may
make minor revisions of the boundaries of the recreation area
when necessary by publication of a revised drawing or other
boundary description in the Federal Register.
(B) The recreation area shall include the following:
(i) The areas depicted on the map reference in subparagraph
(A).
(ii) Landside points required for access, visitor services,
and administration in the city of Boston along its Harborwalk
and at Long Wharf, Fan Pier, John F. Kennedy Library, and the
Custom House; Charlestown Navy Yard; Old Northern Avenue
Bridge; the city of Quincy at Squantum Point/Marina Bay, the
Fore River Shipyard, and Town River; the Town of Hingham at
Hewitt's Cove; the Town of Hull; the city of Salem at Salem
National Historic Site; and the city of Lynn at the Heritage
State Park.
(3) Land acquisition
Notwithstanding subsection (h) of this section, the Secretary
is authorized to acquire, in partnership with other entities, a
less than fee interest in lands at Thompson Island within the
recreation area. The Secretary may acquire the lands only by
donation, purchase with donated or appropriated funds, or by
exchange.
(d) Administration of recreation area
(1) In general
The recreation area shall be administered in partnership by the
Secretary, the Commonwealth of Massachusetts, City of Boston and
its applicable subdivisions and others in accordance with the
provisions of law generally applicable to units of the National
Park System, including sections 1, 2, 3, and 4 of this title and
sections 461 to 467 of this title as amended and supplemented and
in accordance with the integrated management plan specified in
subsection (f) of this section.
(2) State and local jurisdiction
Nothing in this section shall be construed to diminish,
enlarge, or modify any right of the Commonwealth of Massachusetts
or any political subdivision thereof, to exercise civil and
criminal jurisdiction or to carry out State laws, rules, and
regulations within the recreation area, including those relating
to fish and wildlife, or to tax persons, corporations,
franchises, or private property on the lands and waters included
in the recreation area.
(3) Cooperative agreements
The Secretary may consult and enter into cooperative agreements
with the Commonwealth of Massachusetts or its political
subdivisions to acquire from and provide to the Commonwealth or
its political subdivisions goods and services to be used in the
cooperative management of lands within the recreation area, if
the Secretary determines that appropriations for that purpose are
available and the agreement is in the best interest of the United
States.
(4) Construction of facilities on non-Federal lands
In order to facilitate the administration of the recreation
area, the Secretary is authorized, subject to the appropriation
of necessary funds in advance, to construct essential
administrative or visitor use facilities on non-Federal public
lands within the recreation area. Such facilities and the use
thereof shall be in conformance with applicable plans (!1)

(5) Other property, funds, and services
The Secretary may accept and use donated funds, property, and
services to carry out this section.
(6) Relationship of recreation area to Boston-Logan International
Airport
With respect to the recreation area, the present and future
maintenance, operation, improvement and use of Boston-Logan
International Airport and associated flight patterns from time to
time in effect shall not be deemed to constitute the use of
publicly owned land of a public park, recreation area, or other
resource within the meaning of section 303(c) of title 49, and
shall not be deemed to have a significant effect on natural,
scenic, and recreation assets within the meaning of section
47101(h)(2) of title 49.
(7) Management in accordance with integrated management plan
The Secretary shall preserve, interpret, manage, and provide
educational and recreational uses for the recreation area, in
consultation with the owners and managers of lands in the
recreation area, in accordance with the integrated management
plan.
(e) Boston Harbor Islands Partnership establishment
(1) Establishment
There is hereby established the Boston Harbor Islands
Partnership whose purpose shall be to coordinate the activities
of Federal, State, and local authorities and the private sector
in the development and implementation of an integrated resource
management plan for the recreation area.
(2) Membership
The Partnership shall be composed of 13 members, as follows:
(A) One individual, appointed by the Secretary, to represent
the National Park Service.
(B) One individual, appointed by the Secretary of
Transportation, to represent the United States Coast Guard.
(C) Two individuals, appointed by the Secretary, after
consideration of recommendations by the Governor of
Massachusetts, to represent the Department of Environmental
Management and the Metropolitan District Commission.
(D) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Port Authority.
(E) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Water Resources Authority.
(F) One individual, appointed by the Secretary, after
consideration of recommendations by the Mayor of Boston, to
represent the Office of Environmental Services of the City of
Boston.
(G) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Boston Redevelopment Authority.
(H) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the
Thompson Island Outward Bound Education Center, to represent
the Center.
(I) One individual, appointed by the Secretary, after
consideration of recommendations of the Chair, to represent the
Trustees of Reservations.
(J) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the Island
Alliance, to represent the Alliance, a nonprofit organization
whose sole purpose is to provide financial support for the
Boston Harbor Islands National Recreation Area.
(K) Two individuals, appointed by the Secretary, to represent
the Boston Harbor Islands Advisory Council, established in
subsection (g) of this section.
(3) Terms of office; reappointment
(A) Members of the Partnership shall serve for terms of three
years. Any member may be reappointed for one additional 3-year
term.
(B) The Secretary shall appoint the first members of the
Partnership within 30 days after the date on which the Secretary
has received all of the recommendations for appointment pursuant
to subparagraphs (C), (D), (E), (F), (G), (H), (I), and (J) of
paragraph (2).
(C) A member may serve after the expiration of his or her term
until a successor has been appointed.
(4) Compensation
Members of the Partnership shall serve without pay, but while
away from their homes or regular places of business in the
performance of services for the Partnership, members shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703 of title 5.
(5) Election of officers
The Partnership shall elect one of its members as Chairperson
and one as Vice Chairperson. The term of office of the
Chairperson and Vice Chairperson shall be one year. The Vice
Chairperson shall serve as chairperson in the absence of the
Chairperson.
(6) Vacancy
Any vacancy on the Partnership shall be filled in the same
manner in which the original appointment was made.
(7) Meetings
The Partnership shall meet at the call of the Chairperson or a
majority of its members.
(8) Quorum
A majority of the Partnership shall constitute a quorum.
(9) Staff of the Partnership
The Secretary shall provide the Partnership with such staff and
technical assistance as the Secretary, after consultation with
the Partnership, considers appropriate to enable the Partnership
to carry out its duties. The Secretary may accept the services of
personnel detailed from the Commonwealth of Massachusetts, any
political subdivision of the Commonwealth or any entity
represented on the Partnership.
(10) Hearings
The Partnership may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence
as the Partnership may deem appropriate.
(11) Donations
Nothwithstanding any other provision of law, the Partnership
may seek and accept donations of funds, property, or services
from individuals, foundations, corporations, and other private
and public entities for the purpose of carrying out this section.
(12) Use of funds to obtain money
The Partnership may use its funds to obtain money from any
source under any program or law requiring the recipient of such
money to make a contribution in order to receive such money.
(13) Mails
The Partnership may use the United States mails in the same
manner and upon the same conditions as other departments and
agencies of the United States.
(14) Obtaining property
The Partnership may obtain by purchase, rental, donation, or
otherwise, such property, facilities, and services as may be
needed to carry out its duties, except that the Partnership may
not acquire any real property or interest in real property.
(15) Cooperative agreements
For purposes of carrying out the plan described in subsection
(f) of this section, the Partnership may enter into cooperative
agreements with the Commonwealth of Massachusetts, any political
subdivision thereof, or with any organization or person.
(f) Integrated resource management plan
(1) In general
Within three years after November 12, 1996, the Partnership
shall submit to the Secretary a management plan for the
recreation area to be developed and implemented by the
Partnership.
(2) Contents of plan
The plan shall include (but not be limited to) each of the
following:
(A) A program providing for coordinated administration of the
recreation area with proposed assignment of responsibilities to
the appropriate governmental unit at the Federal, State, and
local levels, and nonprofit organizations, including each of
the following:
(i) A plan to finance and support the public improvements
and services recommended in the plan, including allocation of
non-Federal matching requirements set forth in subsection
(h)(2) of this section and a delineation of private-sector
roles and responsibilities.
(ii) A program for the coordination and consolidation, to
the extent feasible, of activities that may be carried out by
Federal, State, and local agencies having jurisdiction over
land and waters within the recreation area, including
planning and regulatory responsibilities.

(B) Policies and programs for the following purposes:
(i) Enhancing public outdoor recreational opportunities in
the recreation area.
(ii) Conserving, protecting, and maintaining the scenic,
historical, cultural, natural and scientific values of the
islands.
(iii) Developing educational opportunities in the
recreation area.
(iv) Enhancing public access to the Islands, including
development of transportation networks.
(v) Identifying potential sources of revenue from programs
or activities carried out within the recreation area.
(vi) Protecting and preserving Native American burial
grounds connected with the King Philip's War internment
period and other periods.

(C) A policy statement that recognizes existing economic
activities within the recreation area.
(3) Development of plan
In developing the plan, the Partnership shall -
(A) consult on a regular basis with appropriate officials of
any local government or Federal or State agency which has
jurisdiction over lands and waters within the recreation area;
(B) consult with interested conservation, business,
professional, and citizen organizations; and
(C) conduct public hearings or meetings for the purposes of
providing interested persons with the opportunity to testify
with respect to matters to be addressed by the plan.
(4) Approval of plan
(A) The Partnership shall submit the plan to the Governor of
Massachusetts for review. The Governor shall have 90 days to
review and make any recommendations. After considering the
Governor's recommendations, the Partnership shall submit the plan
to the Secretary, who shall approve or disapprove the plan within
90 days. In reviewing the plan the Secretary shall consider each
of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation from State and local
officials.
(iii) The adequacy of regulatory and financial tools that are
in place to implement the plan.

(B) If the Secretary disapproves the plan, the Secretary shall
within 60 days after the date of such disapproval, advise the
Partnership in writing of the reasons therefore, together with
recommendations for revision. Within 90 days of receipt of such
notice of disapproval, the Partnership shall revise and resubmit
the plan to the Secretary who shall approve or disapprove the
revision within 60 days.
(5) Interim program
Prior to adoption of the Partnership's plan, the Secretary and
the Partnership shall assist the owners and managers of lands and
waters within the recreation area to ensure that existing
programs, services, and activities that promote the purposes of
this section are supported.
(g) Boston Harbor Islands Advisory Council
(1) Establishment
The Secretary, acting through the Director of the National Park
Service, shall establish an advisory committee to be known as the
Boston Harbor Islands Advisory Council. The purpose of the
Advisory Council shall be to represent various groups with
interests in the recreation area and make recommendations to the
Boston Harbor Islands Partnership on issues related to the
development and implementation of the integrated resource
management plan developed under subsection (f) of this section.
The Advisory Council is encouraged to establish committees
relating to specific recreation area management issues, including
(but not limited to) education, tourism, transportation, natural
resources, cultural and historic resources, and revenue-raising
activities. Participation on any such committee shall not be
limited to members of the Advisory Council.
(2) Membership
The Advisory Council shall consist of not fewer than 18
individuals, to be appointed by the Secretary, acting through the
Director of the National Park Service. The Secretary shall
appoint no fewer than three individuals to represent each of the
following categories of entities: municipalities; educational and
cultural institutions; environmental organizations; business and
commercial entities, including those related to transportation,
tourism and the maritime industry; and Boston Harbor-related
advocacy organizations; and organizations representing Native
American interests.
(3) Procedures
Each meeting of the Advisory Council and its committees shall
be open to the public.
(4) FACA
The provisions of section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.), are hereby waived with respect to the
Advisory Council.
(h) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as may be
necessary to carry out this section, provided that no funds may
be appropriated for land acquisition.
(2) Matching requirement
Amounts appropriated in any fiscal year to carry out this
section may only be expended on a matching basis in a ratio of at
least three non-Federal dollars to every Federal dollar. The
non-Federal share of the match may be in the form of cash,
services, or in-kind contributions, fairly valued.

-SOURCE-
(Pub. L. 104-333, div. I, title X, Sec. 1029, Nov. 12, 1996, 110
Stat. 4232; Pub. L. 105-355, title V, Sec. 513, Nov. 6, 1998, 112
Stat. 3266; Pub. L. 106-176, title I, Sec. 126, Mar. 10, 2000, 114
Stat. 30.)

-REFTEXT-
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (g)(4), is section 14 of Pub. L. 92-463, which is set out
in the Appendix to Title 5, Government Organization and Employees.


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-176, Sec. 126(1), substituted "National
Recreation Area" for "Recreation Area" in section catchline.
Subsec. (b)(1). Pub. L. 106-176, Sec. 126(2), inserted quotation
marks around "recreation area".
Subsec. (e)(3)(B). Pub. L. 106-176, Sec. 126(3), which directed
substitution of "subparagraphs (C), (D), (E), (F), (G), (H), (I),
and (J) of paragraph (2)." for "subsections (b)(3), (4), (5), (6),
(7), (8), (9), and (10) of this section..", was executed by making
the substitution for text that did not include the phrase "of this
section.."
Subsec. (f)(2)(A)(i). Pub. L. 106-176, Sec. 126(4), substituted
"private-sector roles" for "profit sector roles".
Subsec. (g)(1). Pub. L. 106-176, Sec. 126(5), substituted "and
revenue-raising activities." for "and revenue raising activities.".
Subsec. (h)(2). Pub. L. 106-176, Sec. 126(6), substituted "ratio"
for "ration".
1998 - Subsec. (c)(3). Pub. L. 105-355 added par. (3).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-FOOTNOTE-


(!1) So in original. Probably should be followed by a period.


-End-


-CITE-
16 USC SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES
PROTECTION 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION

-HEAD-
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION

-End-



-CITE-
16 USC Sec. 460lll 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION

-HEAD-
Sec. 460lll. Definitions

-STATUTE-
In this subchapter:
(1) Administrator
The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(2) Advisory Board
The term "Advisory Board" means the Land Between the Lakes
Advisory Board established under section 460lll-22 of this title.
(3) Chairman
The term "Chairman" means the Chairman of the Board of
Directors of the Tennessee Valley Authority.
(4) Eligible employee
The term "eligible employee" means a person that was, on the
date of 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 general
The term "environmental law" means all applicable Federal,
State, and local laws (including regulations) and requirements
related to protection of human health, natural and cultural
resources, or the environment.
(B) Inclusions
The term "environmental law" includes -
(i) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et seq.);
(v) the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.);
(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 highway
The term "forest highway" has the meaning given the term in
section 101(a) of title 23.
(7) Governmental unit
The term "governmental unit" means an agency of the Federal
Government or a State or local government, local governmental
unit, public or municipal corporation, or unit of a State
university system.
(8) Hazardous substance
The term "hazardous substance" has the meaning given the term
in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(9) Person
The term "person" has the meaning given the term in section 101
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(10) Pollutant or contaminant
The term "pollutant or contaminant" has the meaning given the
term in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(11) Recreation Area
The term "Recreation Area" means the Land Between the Lakes
National Recreation Area.
(12) Release
The term "release" has the meaning given the term in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(13) Response action
The term "response action" has the meaning given the term in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(14) Secretary
The term "Secretary" means the Secretary of Agriculture.
(15) State
The term "State" means the State of Kentucky and the State of
Tennessee.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 502], Oct. 21,
1998, 112 Stat. 2681-231, 2681-310.)

-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in par. (5)(B)(i), is Pub. L.
96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
9601 of Title 42 and Tables.
The Solid Waste Disposal Act, referred to in par. (5)(B)(ii), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 6901 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in par.
(5)(B)(iii), is act June 30, 1948, ch. 758, as amended generally by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Clean Air Act, referred to in par. (5)(B)(iv), is act July
14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred
to in par. (5)(B)(v), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II (Sec. 136 et seq.) of chapter
6 of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 136 of
Title 7 and Tables.
The Toxic Substances Control Act, referred to in par. (5)(B)(vi),
is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which
is classified generally to chapter 53 (Sec. 2601 et seq.) of Title
15, Commerce and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section 2601 of Title
15 and Tables.
The Safe Drinking Water Act, referred to in par. (5)(B)(vii), is
title XIV of act July 1, 1944, as added Pub. L. 93-523, Sec. 2(a),
Dec. 16, 1974, 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 201 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in
par. (5)(B)(viii), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
as amended, which is classified generally to chapter 55 (Sec. 4321
et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in par.
(5)(B)(ix), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as
amended, which is classified generally to chapter 35 (Sec. 1531 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1531 of this title
and Tables.


-MISC1-
SHORT TITLE
Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 501], Oct.
21, 1998, 112 Stat. 2681-231, 2681-310, provided that: "This title
[enacting this subchapter] may be referred to as 'The Land Between
the Lakes Protection Act of 1998'."

-End-



-CITE-
16 USC Sec. 460lll-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION

-HEAD-
Sec. 460lll-1. Purposes

-STATUTE-
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.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 503], Oct. 21,
1998, 112 Stat. 2681-231, 2681-311.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-25 of this title.

-End-


-CITE-
16 USC Part A - Establishment, Administration, and
Jurisdiction 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part A - Establishment, Administration, and Jurisdiction

-HEAD-
PART A - ESTABLISHMENT, ADMINISTRATION, AND JURISDICTION

-End-



-CITE-
16 USC Sec. 460lll-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part A - Establishment, Administration, and Jurisdiction

-HEAD-
Sec. 460lll-11. Establishment

-STATUTE-
(a) In general
On 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 general
The Secretary shall manage the Recreation Area for multiple use
as a unit of the National Forest System.
(2) Emphases
The emphases in the management of the Recreation Area shall be
-
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat; and
(C) to provide for diversity of native and desirable
non-native plants, animals, opportunities for hunting and
fishing, and environmental education.
(3) Status of unit
The Secretary may administer the Recreation Area as a separate
unit of the National Forest System or in conjunction with an
existing national forest.
(c) Area included
(1) In general
The Recreation Area shall comprise the federally owned land,
water, and interests in the land and water lying between Kentucky
Lake and Lake Barkley in the States of Kentucky and Tennessee, as
generally depicted on the map entitled "Land Between the Lakes
National Recreation Area - January, 1998
(2) Map
The map described in paragraph (1) shall be available for
public inspection in the Office of the Chief of the Forest
Service, Washington, D.C.
(d) Waters
(1) Water levels and navigation
Nothing in this 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 use
Subject to the jurisdiction of the Tennessee Valley Authority
and the Army Corps of Engineers, the Secretary shall have
jurisdiction to regulate the occupancy and use of the surface
waters of the lakes for recreational purposes.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 511], Oct. 21,
1998, 112 Stat. 2681-231, 2681-312.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-25 of this title.

-End-



-CITE-
16 USC Sec. 460lll-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part A - Establishment, Administration, and Jurisdiction

-HEAD-
Sec. 460lll-12. Civil and criminal jurisdiction

-STATUTE-
(a) Administration
The 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) Status
Land within the Recreation Area shall have the status of land
acquired under the Act of March 1, 1911 (commonly known as the
"Weeks Act") (16 U.S.C. 515 et seq.).
(c) Law enforcement
In 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.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 512], Oct. 21,
1998, 112 Stat. 2681-231, 2681-313.)

-REFTEXT-
REFERENCES IN TEXT
Act of March 1, 1911, referred to in subsec. (b), is act Mar. 1,
1911, ch. 186, 36 Stat. 961, as amended, popularly known as the
Weeks Law, which is classified to sections 480, 500, 513 to 519,
521, 552, and 563 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
552 of this title and Tables.
The National Forest System Drug Control Act of 1986, referred to
in subsec. (c), is title XV of Pub. L. 99-570, Oct. 27, 1986, 100
Stat. 3207-191, which enacted sections 559b to 559g of this title,
amended section 841 of Title 21, Food and Drugs, and enacted
provisions set out as a note under section 559b of this title. For
complete classification of title XV to the Code, see Short Title
note set out under section 559b of this title and Tables.

-End-



-CITE-
16 USC Sec. 460lll-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part A - Establishment, Administration, and Jurisdiction

-HEAD-
Sec. 460lll-13. Payments to States and counties

-STATUTE-
(a) Payments in lieu of taxes
Land within the Recreation Area shall be subject to the
provisions for payments in lieu of taxes under chapter 69 of title
31.
(b) Distribution
All amounts received from charges, use fees, and natural resource
utilization, including timber and agricultural receipts, shall not
be subject to distribution to States under section 500 of this
title.
(c) Payments by the Tennessee Valley Authority
After 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.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 513], Oct. 21,
1998, 112 Stat. 2681-231, 2681-313.)

-End-



-CITE-
16 USC Sec. 460lll-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part A - Establishment, Administration, and Jurisdiction

-HEAD-
Sec. 460lll-14. Forest highways

-STATUTE-
(a) In general
For purposes of section 204 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 general
The States shall be responsible for the maintenance of forest
highways within the Recreation Area.
(2) Reimbursement
To the maximum extent provided by law, from funds appropriated
to the Department of Transportation and available for purposes of
highway construction and maintenance, the Secretary of
Transportation shall reimburse the States for all or a portion of
the costs of maintenance of forest highways in the Recreation
Area.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 514], Oct. 21,
1998, 112 Stat. 2681-231, 2681-313.)

-End-


-CITE-
16 USC Part B - Management Provisions 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
PART B - MANAGEMENT PROVISIONS

-End-



-CITE-
16 USC Sec. 460lll-21 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
Sec. 460lll-21. Land and resource management plan

-STATUTE-
(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.

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

-REFTEXT-
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, as
amended, 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.

-End-



-CITE-
16 USC Sec. 460lll-22 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
Sec. 460lll-22. Advisory Board

-STATUTE-
(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 17 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;
(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) 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.
(d) Chairperson
The Regional Forester shall serve as chairperson of the Advisory
Board.
(e) Rules of procedure
The Secretary shall prescribe the rules of procedure for the
Advisory Board.
(f) Functions
The Advisory Board may advise the Secretary on -
(1) means of promoting public participation for the land and
resource management plan for the Recreation Area; and
(2) environmental education.
(g) Meetings
(1) Frequency
The Advisory Board shall meet at least biannually.
(2) Public meeting
A meeting of the Advisory Board shall be open to the general
public.
(3) Notice of meetings
The chairperson, through the placement of notices in local news
media and by other appropriate means shall give 2 weeks' public
notice of each meeting of the Advisory Board.
(h) No termination
Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Board.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 522], Oct. 21,
1998, 112 Stat. 2681-231, 2681-314.)

-REFTEXT-
REFERENCES IN TEXT
Section 14(a)(2) of the Federal Advisory Committee Act, referred
to in subsec. (h), is section 14(a)(2) of Pub. L. 92-463, which is
set out in the Appendix to Title 5, Government Organization and
Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll of this title.

-End-



-CITE-
16 USC Sec. 460lll-23 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
Sec. 460lll-23. Fees

-STATUTE-
(a) Authority
The Secretary may charge reasonable fees for admission to and the
use of the designated sites, or for activities, within the
Recreation Area.
(b) Factors
In determining whether to charge fees, the Secretary may consider
the costs of collection weighed against potential income.
(c) Limitation
No general entrance fees shall be charged within the Recreation
Area.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 523], Oct. 21,
1998, 112 Stat. 2681-231, 2681-315.)

-End-



-CITE-
16 USC Sec. 460lll-24 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
Sec. 460lll-24. Disposition of receipts

-STATUTE-
(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.

-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 524], Oct. 21,
1998, 112 Stat. 2681-231, 2681-315.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-26 of this title.

-End-



-CITE-
16 USC Sec. 460lll-25 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part B - Management Provisions

-HEAD-
Sec. 460lll-25. Special use authorizations

-STATUTE-
(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 developedrecreation sites or other facilities to be managed for public (continued)