Lake Access Keeping Economies Strong Act or the LAKES Act
This bill modifies requirements relating to the collection and retention of user fees at certain recreation facilities.
Specifically, the bill modifies requirements for a cost-sharing program for the management of recreation facilities established by the Water Resources Development Act of 1992. Currently, the U.S. Army Corps of Engineers may enter into cooperative agreements with nonfederal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects. The bill requires private entities entering such agreements to be nonprofit.
The bill requires the Corps, before entering into a cooperative agreement, to ensure that such entities have the authority and capability to (1) carry out the terms of the agreement, and (2) pay any damages in the event of a failure to perform.
It also authorizes the Corps to allow private nonprofit entities to collect user fees. Currently, only nonfederal public entities may collect such fees.
The bill also authorizes the Corps and other federal agencies to transfer to nonfederal public entities or private nonprofit entities user fees received by the Corps or another federal agency under a visitor reservation service for recreation facilities and natural resources managed by the nonfederal public entities or private nonprofit entities.
In addition, the bill modifies requirements under the Flood Control Act of 1968 to direct the Corps to spend at least 80% of the fees collected at a recreational site for the operation and maintenance of that site.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1358
To amend the Water Resources Development Act of 1992 and the Flood
Control Act of 1968 to provide for provisions relating to collection
and retention of user fees at recreation facilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Cramer (for himself and Mr. Heinrich) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Water Resources Development Act of 1992 and the Flood
Control Act of 1968 to provide for provisions relating to collection
and retention of user fees at recreation facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Access Keeping Economies Strong
Act'' or the ``LAKES Act''.
SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION
FACILITIES.
Section 225 of the Water Resources Development Act of 1992 (33
U.S.C. 2328) is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Non-federal public entity.--The term `non-Federal
public entity' means a non-Federal public entity as defined in
the document of the Corps of Engineers entitled `Implementation
Guidance for Section 1155 of the Water Resources Development
Act of 2016 (WRDA 2016), Management of Recreation Facilities'
and dated April 4, 2018.
``(2) Private nonprofit entity.--The term `private
nonprofit entity' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of that Code.'';
(3) in subsection (b) (as so redesignated), by striking the
subsection designation and heading and all that follows through
``The Secretary'' and inserting the following:
``(b) Authorization.--The Secretary'';
(4) in subsection (c) (as so redesignated)--
(A) by striking the subsection designation and
heading and all that follows through ``To implement''
and inserting the following:
``(c) Cooperative Agreements.--
``(1) In general.--To implement'';
(B) in paragraph (1) (as so designated), by
striking ``non-Federal public and private entities''
and inserting ``non-Federal public entities and private
nonprofit entities''; and
(C) by adding at the end the following:
``(2) Requirements.--Before entering into an agreement
under paragraph (1), the Secretary shall ensure that the non-
Federal public entity or private nonprofit entity has the
authority and capability--
``(A) to carry out the terms of the agreement; and
``(B) to pay damages, if necessary, in the event of
a failure to perform.'';
(5) by striking subsection (d) (as so redesignated) and
inserting the following:
``(d) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-
Federal public entity or private nonprofit entity that
has entered into an agreement pursuant to subsection
(c) to collect user fees for the use of developed
recreation sites and facilities, whether developed or
constructed by that entity or the Department of the
Army.
``(B) Use of visitor reservation services.--
``(i) In general.--A non-Federal public
entity or a private nonprofit entity described
in subparagraph (A) may use, to manage fee
collections and reservations under this
section, any visitor reservation service that
the Secretary has provided for by contract or
interagency agreement, subject to such terms
and conditions as the Secretary determines to
be appropriate.
``(ii) Transfer.--The Secretary may
transfer to a non-Federal public entity or a
private nonprofit entity described in
subparagraph (A), or cause to be transferred by
another Federal agency, user fees received by
the Secretary or other Federal agency under a
visitor reservation service described in clause
(i) for recreation facilities and natural
resources managed by the non-Federal public
entity or private nonprofit entity.
``(2) Use of fees.--
``(A) In general.--A non-Federal public entity or
private nonprofit entity that collects user fees under
paragraph (1)--
``(i) may retain up to 100 percent of the
fees collected, as determined by the Secretary;
and
``(ii) notwithstanding section 210(b)(4) of
the Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), shall use any retained amount for
operation, maintenance, and management
activities related to recreation and natural
resources at the water resource development
project at which the fee is collected.
``(B) Requirements.--The use by a non-Federal
public entity or private nonprofit entity of user fees
collected under paragraph (1) shall--
``(i) be limited to activities covered by
an agreement between the entity and the
Secretary;
``(ii) remain subject to the direction and
oversight of the Secretary; and
``(iii) not affect any existing third party
property interests, leases, or agreements with
the Secretary.
``(3) Terms and conditions.--The authority of a non-Federal
public entity or private nonprofit entity under this subsection
shall be subject to such terms and conditions as the Secretary
determines necessary to protect the interests of the United
States.''; and
(6) in subsection (e) (as so redesignated), in the first
sentence, by striking ``non-Federal public and private
entities'' and inserting ``non-Federal public entities, private
nonprofit entities, and other private entities''.
SEC. 3. RETENTION OF RECREATION FEES.
(a) In General.--Section 210(b) of the Flood Control Act of 1968
(16 U.S.C. 460d-3(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Deposit into treasury account.--All fees collected
under this subsection shall--
``(A) be deposited in a special account in the
Treasury; and
``(B) be available for use, without further
appropriation, for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army, subject to the condition
that not less than 80 percent of fees collected at a
specific recreation site are utilized at that site.'';
and
(2) by adding at the end the following:
``(5) Supplement, not supplant.--Fees collected under this
subsection--
``(A) shall be in addition to annual appropriated
funding provided for the operation and maintenance of
recreation sites and facilities under the jurisdiction
of the Secretary of the Army; and
``(B) shall not be used as a basis for reducing
annual appropriated funding for those purposes.''.
(b) Special Accounts.--Amounts in the special account for the Corps
of Engineers described in section 210(b)(4) of the Flood Control Act of
1968 (16 U.S.C. 460d-3(b)(4)) (as in effect on the day before the date
of enactment of this Act) that are unobligated on that date shall--
(1) be transferred to the special account established under
section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C.
460d-3(b)(4)) (as amended by subsection (a)(1)); and
(2) be available to the Secretary for operation and
maintenance of any recreation sites and facilities under the
jurisdiction of the Secretary, without further appropriation.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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