16 USC 460 - Cooperative authorities and gifts

Collapse to view only § 460lll-26. Cooperative authorities and gifts

§ 460lll-21. Land and resource management plan
§ 460lll-22. Advisory Board
§ 460lll-23. Fees
§ 460lll-24. Disposition of receipts
§ 460lll-25. Special use authorizations
§ 460lll-26. Cooperative authorities and gifts
§ 460lll-27. Designation of national recreation trail
§ 460lll-28. Cemeteries
§ 460lll-29. Resource management
§ 460lll-30. Hematite Dam
§ 460lll-31. Trust Fund

§ 460lll–21. Land and resource management plan

(a) In general

(b) Interim provision

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

§ 460lll–22. Advisory Board

(a) Establishment

(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.

(1) In general

(2) Nonconsecutive terms

(d) Chairperson

(e) Rules of procedure

(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) Frequency

(2) Public meeting

(3) Notice of meetings

(4) Minutes

(h) No termination

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

§ 460lll–23. Fees

(a) Authority

(b) Factors

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

§ 460lll–24. Disposition of receipts

(a) In general

(b) Use

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

§ 460lll–25. Special use authorizations

(a) In general

In addition to other authorities for the authorization of special uses within the National Forest System, within the Recreation Area, the Secretary may, on such terms and conditions as the Secretary may prescribe—

(1) convey for no consideration perpetual easements to governmental units for public roads over United States Route 68 and the Trace, and such other rights-of-way as the Secretary and a governmental unit may agree;

(2) transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes; and

(3) lease or authorize recreational sites or other facilities, consistent with sections 460lll–1(2) and 460lll–11(b)(2) of this title.

(b) Consideration

(1) In general

(2) Reduction or waiver

(d) Existing authorizations

(1) In general

(2) Reissuance

(3) Exercise of rights

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

§ 460lll–26. Cooperative authorities and gifts

(a) Fish and Wildlife Service

(1) Management

(A) In general

(B) Fees

(i) In general

(ii) Deposit

(2) Cooperation

(3) Subordination of fish and wildlife activities to overall management

(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.

The Secretary may, for purposes of carrying out this subchapter—

(1) enter into memoranda of understanding with State or local government entities, including law enforcement, as appropriate, to clarify jurisdictional matters, such as road management, policing, and other functions that are typically performed by the entity on non-Federal land; and

(2) make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1).

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

§ 460lll–27. Designation of national recreation trail

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

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

§ 460lll–28. Cemeteries

(a) In general

(b) Land for plots for qualified residents or relatives

(1) Requests

(2) Expenses

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

§ 460lll–29. Resource management

(a) Minerals

(1) Withdrawal

(2) Use of mineral materials

(b) Hunting and fishing

(1) In general

(2) Prohibition

(A) In general

(B) Consultation

(3) Fish and wildlife

(1) In general

The Secretary shall identify and manage the historical resources of the Recreation Area—

(A) in accordance with the requirements of division A of subtitle III of title 54 (formerly known as the “National Historic Preservation Act”); and

(B) in consultation with qualified residents or relatives.

(2) Consideration

The Secretary shall—

(A) in accordance with applicable law, give consideration to requests by qualified residents or relatives to use and maintain traditional sites, buildings, cemeteries, and other areas of cultural importance in the Recreation Area; and

(B) consult with qualified residents or relatives in the management of the historical resources of the Recreation Area.

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

§ 460lll–30. Hematite Dam

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

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

§ 460lll–31. Trust Fund

(a) Establishment

(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.

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