II 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 provi- sions relating to collection and retention of user fees at recreation facilities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Lake Access Keeping 4 Economies Strong Act’’ or the ‘‘LAKES Act’’. 5 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1358 IS SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MAN- 1 AGEMENT OF RECREATION FACILITIES. 2 Section 225 of the Water Resources Development Act 3 of 1992 (33 U.S.C. 2328) is amended— 4 (1) by redesignating subsections (a) through (d) 5 as subsections (b) through (e), respectively; 6 (2) by inserting before subsection (b) (as so re- 7 designated) the following: 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) NON-FEDERAL PUBLIC ENTITY.—The term 10 ‘non-Federal public entity’ means a non-Federal 11 public entity as defined in the document of the 12 Corps of Engineers entitled ‘Implementation Guid- 13 ance for Section 1155 of the Water Resources Devel- 14 opment Act of 2016 (WRDA 2016), Management of 15 Recreation Facilities’ and dated April 4, 2018. 16 ‘‘(2) PRIVATE NONPROFIT ENTITY.—The term 17 ‘private nonprofit entity’ means an organization that 18 is described in section 501(c) of the Internal Rev- 19 enue Code of 1986 and exempt from taxation under 20 section 501(a) of that Code.’’; 21 (3) in subsection (b) (as so redesignated), by 22 striking the subsection designation and heading and 23 all that follows through ‘‘The Secretary’’ and insert- 24 ing the following: 25 ‘‘(b) AUTHORIZATION.—The Secretary’’; 26 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1358 IS (4) in subsection (c) (as so redesignated)— 1 (A) by striking the subsection designation 2 and heading and all that follows through ‘‘To 3 implement’’ and inserting the following: 4 ‘‘(c) COOPERATIVE AGREEMENTS.— 5 ‘‘(1) IN GENERAL.—To implement’’; 6 (B) in paragraph (1) (as so designated), by 7 striking ‘‘non-Federal public and private enti- 8 ties’’ and inserting ‘‘non-Federal public entities 9 and private nonprofit entities’’; and 10 (C) by adding at the end the following: 11 ‘‘(2) REQUIREMENTS.—Before entering into an 12 agreement under paragraph (1), the Secretary shall 13 ensure that the non-Federal public entity or private 14 nonprofit entity has the authority and capability— 15 ‘‘(A) to carry out the terms of the agree- 16 ment; and 17 ‘‘(B) to pay damages, if necessary, in the 18 event of a failure to perform.’’; 19 (5) by striking subsection (d) (as so redesig- 20 nated) and inserting the following: 21 ‘‘(d) USER FEES.— 22 ‘‘(1) COLLECTION OF FEES.— 23 ‘‘(A) IN GENERAL.—The Secretary may 24 allow a non-Federal public entity or private 25 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1358 IS nonprofit entity that has entered into an agree- 1 ment pursuant to subsection (c) to collect user 2 fees for the use of developed recreation sites 3 and facilities, whether developed or constructed 4 by that entity or the Department of the Army. 5 ‘‘(B) USE OF VISITOR RESERVATION SERV- 6 ICES.— 7 ‘‘(i) IN GENERAL.—A non-Federal 8 public entity or a private nonprofit entity 9 described in subparagraph (A) may use, to 10 manage fee collections and reservations 11 under this section, any visitor reservation 12 service that the Secretary has provided for 13 by contract or interagency agreement, sub- 14 ject to such terms and conditions as the 15 Secretary determines to be appropriate. 16 ‘‘(ii) TRANSFER.—The Secretary may 17 transfer to a non-Federal public entity or 18 a private nonprofit entity described in sub- 19 paragraph (A), or cause to be transferred 20 by another Federal agency, user fees re- 21 ceived by the Secretary or other Federal 22 agency under a visitor reservation service 23 described in clause (i) for recreation facili- 24 ties and natural resources managed by the 25 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1358 IS non-Federal public entity or private non- 1 profit entity. 2 ‘‘(2) USE OF FEES.— 3 ‘‘(A) IN GENERAL.—A non-Federal public 4 entity or private nonprofit entity that collects 5 user fees under paragraph (1)— 6 ‘‘(i) may retain up to 100 percent of 7 the fees collected, as determined by the 8 Secretary; and 9 ‘‘(ii) notwithstanding section 10 210(b)(4) of the Flood Control Act of 11 1968 (16 U.S.C. 460d–3(b)(4)), shall use 12 any retained amount for operation, mainte- 13 nance, and management activities related 14 to recreation and natural resources at the 15 water resource development project at 16 which the fee is collected. 17 ‘‘(B) REQUIREMENTS.—The use by a non- 18 Federal public entity or private nonprofit entity 19 of user fees collected under paragraph (1) 20 shall— 21 ‘‘(i) be limited to activities covered by 22 an agreement between the entity and the 23 Secretary; 24 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1358 IS ‘‘(ii) remain subject to the direction 1 and oversight of the Secretary; and 2 ‘‘(iii) not affect any existing third 3 party property interests, leases, or agree- 4 ments with the Secretary. 5 ‘‘(3) TERMS AND CONDITIONS.—The authority 6 of a non-Federal public entity or private nonprofit 7 entity under this subsection shall be subject to such 8 terms and conditions as the Secretary determines 9 necessary to protect the interests of the United 10 States.’’; and 11 (6) in subsection (e) (as so redesignated), in the 12 first sentence, by striking ‘‘non-Federal public and 13 private entities’’ and inserting ‘‘non-Federal public 14 entities, private nonprofit entities, and other private 15 entities’’. 16 SEC. 3. RETENTION OF RECREATION FEES. 17 (a) IN GENERAL.—Section 210(b) of the Flood Con- 18 trol Act of 1968 (16 U.S.C. 460d–3(b)) is amended— 19 (1) by striking paragraph (4) and inserting the 20 following: 21 ‘‘(4) DEPOSIT INTO TREASURY ACCOUNT.—All 22 fees collected under this subsection shall— 23 ‘‘(A) be deposited in a special account in 24 the Treasury; and 25 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1358 IS ‘‘(B) be available for use, without further 1 appropriation, for the operation and mainte- 2 nance of recreation sites and facilities under the 3 jurisdiction of the Secretary of the Army, sub- 4 ject to the condition that not less than 80 per- 5 cent of fees collected at a specific recreation site 6 are utilized at that site.’’; and 7 (2) by adding at the end the following: 8 ‘‘(5) SUPPLEMENT, NOT SUPPLANT.—Fees col- 9 lected under this subsection— 10 ‘‘(A) shall be in addition to annual appro- 11 priated funding provided for the operation and 12 maintenance of recreation sites and facilities 13 under the jurisdiction of the Secretary of the 14 Army; and 15 ‘‘(B) shall not be used as a basis for re- 16 ducing annual appropriated funding for those 17 purposes.’’. 18 (b) SPECIAL ACCOUNTS.—Amounts in the special ac- 19 count for the Corps of Engineers described in section 20 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 21 460d–3(b)(4)) (as in effect on the day before the date of 22 enactment of this Act) that are unobligated on that date 23 shall— 24 VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1358 IS (1) be transferred to the special account estab- 1 lished under section 210(b)(4) of the Flood Control 2 Act of 1968 (16 U.S.C. 460d–3(b)(4)) (as amended 3 by subsection (a)(1)); and 4 (2) be available to the Secretary for operation 5 and maintenance of any recreation sites and facili- 6 ties under the jurisdiction of the Secretary, without 7 further appropriation. 8 Æ VerDate Sep 11 2014 23:55 May 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1358.IS S1358 kjohnson on DSK79L0C42PROD with BILLS