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(continued)
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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 525], Oct. 21,
1998, 112 Stat. 2681-231, 2681-315.)
-End-
-CITE-
16 USC Sec. 460lll-26 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-26. Cooperative authorities and gifts
-STATUTE-
(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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 526], Oct. 21,
1998, 112 Stat. 2681-231, 2681-316.)
-End-
-CITE-
16 USC Sec. 460lll-27 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-27. Designation of national recreation trail
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 527], Oct. 21,
1998, 112 Stat. 2681-231, 2681-317.)
-End-
-CITE-
16 USC Sec. 460lll-28 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-28. Cemeteries
-STATUTE-
The Secretary shall maintain an inventory of and ensure access to
cemeteries within the Recreation Area for purposes of burial,
visitation, and maintenance.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 528], Oct. 21,
1998, 112 Stat. 2681-231, 2681-317.)
-End-
-CITE-
16 USC Sec. 460lll-29 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-29. Resource management
-STATUTE-
(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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 529], Oct. 21,
1998, 112 Stat. 2681-231, 2681-317.)
-REFTEXT-
REFERENCES IN TEXT
The mining laws and the mineral leasing laws, referred to in
subsec. (a)(1), are classified generally to Title 30, Mineral Lands
and Mining.
-End-
-CITE-
16 USC Sec. 460lll-30 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-30. Hematite Dam
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 530], Oct. 21,
1998, 112 Stat. 2681-231, 2681-317.)
-End-
-CITE-
16 USC Sec. 460lll-31 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-31. Trust fund
-STATUTE-
(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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 531], Oct. 21,
1998, 112 Stat. 2681-231, 2681-317.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-45 of this title.
-End-
-CITE-
16 USC Part C - Transfer 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 C - Transfer Provisions
-HEAD-
PART C - TRANSFER PROVISIONS
-End-
-CITE-
16 USC Sec. 460lll-41 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-41. Effective date of transfer
-STATUTE-
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 subchapter 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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 541], Oct. 21,
1998, 112 Stat. 2681-231, 2681-318.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this
Act" and was translated as meaning section 101(e) of div. A of Pub.
L. 105-277, Oct. 21, 1998, 112 Stat. 2681-231, known as the
Department of the Interior and Related Agencies Appropriations Act,
1999. For complete classification of this Act to the Code, see
Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll, 460lll-11,
460lll-13, 460lll-21, 460lll-22, 460lll-25, 460lll-27, 460lll-30,
460lll-43, 460lll-45, 460lll-46, 460lll-47, 460lll-49 of this
title.
-End-
-CITE-
16 USC Sec. 460lll-42 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-42. Statement of policy
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 542], Oct. 21,
1998, 112 Stat. 2681-231, 2681-318.)
-End-
-CITE-
16 USC Sec. 460lll-43 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-43. Memorandum of agreement
-STATUTE-
(a) In general
Not 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) Provisions
The 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 general
The memorandum of understanding may provide for a transition
team consisting of the Tennessee Valley Authority and Forest
Service employees.
(2) Duration
The team may continue in existence after the date of transfer.
(3) Personnel costs
The Tennessee Valley Authority and the Forest Service shall pay
personnel costs of their respective team members.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 543], Oct. 21,
1998, 112 Stat. 2681-231, 2681-318.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460lll-45 of this title.
-End-
-CITE-
16 USC Sec. 460lll-44 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-44. Records
-STATUTE-
(a) Recreation Area records
The Secretary shall have access to all records of the Tennessee
Valley Authority pertaining to the management of the Recreation
Area.
(b) Personnel records
The 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) Confidentiality
The 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 records
The 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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 544], Oct. 21,
1998, 112 Stat. 2681-231, 2681-318.)
-End-
-CITE-
16 USC Sec. 460lll-45 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-45. Transfer of personal property
-STATUTE-
(a) Subject property
(1) Inventory
Not 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 general
All 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 included
Property 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 property
At 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) Designation
Pursuant 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 transfer
The 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) Disposition
Any 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 the Federal Property and Administrative
Services Act of 1949.(!1)
(2) Deposit of proceeds
All net proceeds from the disposal of any property shall be
deposited into the Fund established by section 460lll-31 of this
title.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 545], Oct. 21,
1998, 112 Stat. 2681-231, 2681-319.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d)(1)(B), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 460lll-46 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-46. Compliance with environmental laws
-STATUTE-
(a) Documentation of existing conditions
(1) In general
Not 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 documentation
The 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) Assessment
Not 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 understanding
If 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 action
On 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 general
The 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) Access
After 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 liability
The 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 liabilities
Except 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 agencies
Subject 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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 546], Oct. 21,
1998, 112 Stat. 2681-231, 2681-320.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in subsecs. (c) and (d)(1),
(3)(A), 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.
-End-
-CITE-
16 USC Sec. 460lll-47 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-47. Personnel
-STATUTE-
(a) In general
(1) Hiring
Notwithstanding 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 general
For 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 employees
The Secretary shall provide eligible employees a written
notice of not less than 60 days before termination.
(C) Termination for cause
Subparagraph (A) does not preclude a termination for cause
during the period described in subparagraph (A).
(b) Applications for transfer and appointment
An 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 general
Subject to subsection (b) of this section, 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 hiring
Notwithstanding 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 appointments
Notwithstanding 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 service
Except 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
Authority
The 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 general
The 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 participation
In 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 TVA
An 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 benefits
The 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 general
Eligible 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 general
For 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) Notification
The Secretary shall notify the Tennessee Valley Authority
Board of the cost associated with the transfer of
retirement benefits.
(III) Payment
The Tennessee Valley Authority shall fully compensate the
Secretary for the costs associated with the transfer of
retirement benefits.
(IV) No interruption
An 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 interruption
An 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 service
Notwithstanding 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 benefits
The 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 benefits
An 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) Shortfall
If 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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 547], Oct. 21,
1998, 112 Stat. 2681-231, 2681-321.)
-End-
-CITE-
16 USC Sec. 460lll-48 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-48. Tennessee Valley Authority transfer costs
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 548], Oct. 21,
1998, 112 Stat. 2681-231, 2681-325.)
-End-
-CITE-
16 USC Sec. 460lll-49 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part C - Transfer Provisions
-HEAD-
Sec. 460lll-49. Tennessee Valley Authority transfer funding
-STATUTE-
(a) In general
The 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) Availability
Funds from the sources described in subsection (a) of this
section 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 savings
The 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) of this section
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 changes
Not 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 changes
Not 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.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 549], Oct. 21,
1998, 112 Stat. 2681-231, 2681-325.)
-REFTEXT-
REFERENCES IN TEXT
The Tennessee Valley Authority Act of 1933, referred to in
subsec. (b), is act May 18, 1933, ch. 32, 48 Stat. 58, as amended,
which is classified generally to chapter 12A (Sec. 831 et seq.) of
this title. For complete classification of this Act to the Code,
see section 831 of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460lll-31, 460lll-45,
460lll-48 of this title.
-End-
-CITE-
16 USC Part D - Funding 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part D - Funding
-HEAD-
PART D - FUNDING
-End-
-CITE-
16 USC Sec. 460lll-61 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION
Part D - Funding
-HEAD-
Sec. 460lll-61. Authorization of appropriations
-STATUTE-
(a) Agriculture
There 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 area as a unit of the
National Forest System.
(b) Interior
There are authorized to be appropriated to the Secretary of the
Interior such sums as are necessary to carry out activities within
the Recreation Area.
(c) Use of funds
The Secretary of Agriculture may expend amounts appropriated or
otherwise made available to carry out this subchapter in a manner
consistent with the authorities exercised by the Tennessee Valley
Authority before the transfer of the Recreation Area to the
administrative jurisdiction of the Secretary, including campground
management and visitor services, paid advertisement, and
procurement of food and supplies for resale purposes.
-SOURCE-
(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 551], Oct. 21,
1998, 112 Stat. 2681-231, 2681-326; Pub. L. 106-291, title II, Oct.
11, 2000, 114 Stat. 974; Pub. L. 107-63, title III, Sec. 335, Nov.
5, 2001, 115 Stat. 472; Pub. L. 108-108, title III, Sec. 334, Nov.
10, 2003, 117 Stat. 1312.)
-MISC1-
AMENDMENTS
2003 - Subsec. (c). Pub. L. 108-108 amended heading and text of
subsec. (c) generally. Prior to amendment, text read as follows:
"Until September 30, 2004, the Secretary of Agriculture may expend
amounts appropriated or otherwise made available to carry out this
subchapter in a manner consistent with the authorities exercised by
the Tennessee Valley Authority, before the transfer of the
Recreation Area to the administrative jurisdiction of the
Secretary, regarding procurement of property, services, supplies,
and equipment."
2001 - Subsec. (c). Pub. L. 107-63 substituted "2004" for "2002".
2000 - Subsec. (c). Pub. L. 106-291 added subsec. (c).
-End-
-CITE-
16 USC SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL
CONSERVATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460mmm 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460mmm. Findings and purpose
-STATUTE-
(a) Findings
Congress finds that certain areas located in the Grand Valley in
Mesa County, Colorado, and Grand County, Utah, should be protected
and enhanced for the benefit and enjoyment of present and future
generations. These areas include the following:
(1) The areas making up the Black Ridge and Ruby Canyons of the
Grand Valley and Rabbit Valley, which contain unique and valuable
scenic, recreational, multiple use opportunities (including
grazing), paleontological, natural, and wildlife components
enhanced by the rural western setting of the area, provide
extensive opportunities for recreational activities, and are
publicly used for hiking, camping, and grazing, and are worthy of
additional protection as a national conservation area.
(2) The Black Ridge Canyons Wilderness Study Area has
wilderness value and offers unique geological, paleontological,
scientific, and recreational resources.
(b) Purpose
The purpose of this subchapter is to conserve, protect, and
enhance for the benefit and enjoyment of present and future
generations the unique and nationally important values of the
public lands described in section 460mmm-2(b) of this title,
including geological, cultural, paleontological, natural,
scientific, recreational, environmental, biological, wilderness,
wildlife education, and scenic resources of such public lands, by
establishing the Colorado Canyons National Conservation Area and
the Black Ridge Canyons Wilderness in the State of Colorado and the
State of Utah.
-SOURCE-
(Pub. L. 106-353, Sec. 2, Oct. 24, 2000, 114 Stat. 1374.)
-MISC1-
SHORT TITLE
Pub. L. 106-353, Sec. 1, Oct. 24, 2000, 114 Stat. 1374, provided
that: "This Act [enacting this subchapter and provisions listed in
a table of Wilderness Areas set out under section 1132 of this
title] may be cited as the 'Colorado Canyons National Conservation
Area and Black Ridge Canyons Wilderness Act of 2000'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460mmm-4 of this title.
-End-
-CITE-
16 USC Sec. 460mmm-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460mmm-1. Definitions
-STATUTE-
In this subchapter:
(1) Conservation Area
The term "Conservation Area" means the Colorado Canyons
National Conservation Area established by section 460mmm-2(a) of
this title.
(2) Council
The term "Council" means the Colorado Canyons National
Conservation Area Advisory Council established under section
460mmm-6 of this title.
(3) Management plan
The term "management plan" means the management plan developed
for the Conservation Area under section 460mmm-4(h) of this
title.
(4) Map
The term "Map" means the map entitled "Proposed Colorado
Canyons National Conservation Area and Black Ridge Canyons
Wilderness Area" and dated July 18, 2000.
(5) Secretary
The term "Secretary" means the Secretary of the Interior,
acting through the Director of the Bureau of Land Management.
(6) Wilderness
The term "Wilderness" means the Black Ridge Canyons Wilderness
so designated in section 460mmm-3 of this title.
-SOURCE-
(Pub. L. 106-353, Sec. 3, Oct. 24, 2000, 114 Stat. 1374.)
-End-
-CITE-
16 USC Sec. 460mmm-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460mmm-2. Colorado Canyons National Conservation Area
-STATUTE-
(a) In general
There is established the Colorado Canyons National Conservation (continued)