Land Between the Lakes Protection Act of 1998

TABLE OF CONTENTS:

Title I: Establishment, Administration, and Jurisdiction

Title II: Management Provisions

Title III: Transfer Provisions

Title IV: Funding

Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System.

Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education.

(Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA).

(Sec. 104) Considers all Area paved roads as forest highways.

Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction.

(Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented.

(Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses.

(Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management.

(Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act.

(Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance.

(Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment.

(Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities.

(Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act.

Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records.

(Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit.

(Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures.

(Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions.

Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration.

(Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.