49–010 

Calendar No. 652 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–309 

CORPS OF ENGINEERS COOPERATIVE JOINT 

MANAGEMENT RESTORATION ACT 

DECEMBER 12, 2014.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 2055] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 2055), to allow for the collection of certain user 

fees by non-Federal entities, having considered the same, reports 

favorably thereon with amendments, and recommends that the bill, 

as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

Current law (33 U.S.C. § 2328) enables the Corps of Engineers to 

enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation 

facilities and natural resources at civil works projects. These partnerships help ensure that Corps recreation facilities are well-maintained and remain open. These agreements also help ensure that 

natural resources are conserved and protected. 

For many years, the Corps used its authority in Section 2328 to 

enter into Cooperative Joint Management agreements and leases 

allowing partners to collect and reinvest recreation user fees. On 

September 12, 2013, Corps Headquarters released new guidance 

disallowing this practice. Based on a legal review, the Corps determined that this practice exceeds existing statutory authority by allowing partners to collect user fees and reinvest the proceeds to 

maintain and improve Corps facilities. 

S. 2055 restores the practice that existed before the September 

2013 guidance was issued. 


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OBJECTIVES OF THE LEGISLATION

S. 2055 permits non-federal public or private entities to charge 

and keep fees for the operation, maintenance, and management at 

the recreation site where they were collected. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 creates the short title for this act to be: ‘‘Corps of Engineers Cooperative Joint Management Restoration Act’’. 

Section 2. Challenge cost-sharing program for management of recreation facilities 

Section 2 amends Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) to allow non-federal public or 

private entity that have entered into a cooperative agreement with 

the Secretary of the Army to charge fees and retain up to 100% of 

the fees collected and use them for operation, maintenance, and 

management at the recreation site where they were collected. The 

section also permits the Secretary to use visitor reservation services, such as the National Recreation Reservation Service. 

LEGISLATIVE HISTORY

S. 2055 was introduced by Senators Boozman, Blunt, McCaskill, 

and Pryor on February 27, 2014. The bill was read twice and referred to the Senate Committee on Environment and Public Works. 

The Committee met on April 3, 2014 to consider the bill. Senators 

Boozman and Carper introduced an amendment to permit the Secretary to use the National Recreation Reservation Service. S. 2055, 

as amended, was ordered favorably reported by voice vote. 

HEARINGS

The Committee did not hold hearings on S. 2055 during the 

113th Congress. 

ROLLCALL VOTES

There were no roll call votes. The Committee on Environment 

and Public Works met and considered S. 2055 on April 3, 2014. S. 

2055, as amended, was reported favorably by a voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 2055 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office finds, ‘‘S. 2055 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform 

Act.’’. 


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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office. 

MAY 15, 2014. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 2055, the Corps of Engineers Cooperative Joint Management Restoration Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 2055—Corps of Engineers Cooperative Joint Management Restoration Act 

Summary: S. 2055 would authorize the Corps of Engineers to 

enter into cooperative agreements with nonfederal entities to jointly manage parks and recreational facilities currently managed by 

the Corps. Under current law, all fees charged and collected by the 

Corps for public access to those sites are required to be deposited 

in the Treasury. Under the bill, the agreements would allow nonfederal entities, instead of the Corps, to charge fees for the use of 

those parks and facilities. Those nonfederal entities would retain 

the proceeds for operation and maintenance expenses at those 

sites. 

Based on information from the Corps, CBO estimates that enacting S. 2055 would increase direct spending (by reducing offsetting 

receipts) by $20 million over the 2015–2024 period. Because the 

legislation would affect direct spending, pay-as-you-go procedures 

apply. Enacting S. 2055 would not affect revenues. 

S. 2055 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2055 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015– 

2019 

2015– 

2024 

CHANGES IN DIRECT SPENDING a

Estimated Budget Authority ...................... 1 1 2 2 2 2 2 2 3 3 7 20 

Estimated Outlays ..................................... 1 1 2 2 2 2 2 2 3 3 7 20 

Note: Components may not sum to totals because of rounding. 

a CBO also expects that discretionary costs could be reduced over this period because fewer parks and facilities would be operated by the 

Corps. 

Basis of estimate: For this estimate, CBO assumes that S. 2055 

will be enacted near the end of 2014. Estimates of receipts collected 


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from the use of parks and facilities under current law are based on 

information provided by the Corps of Engineers. 

Prior to September 2013, the Corps had cooperative agreements 

with nonfederal entities to manage 34 federal parks and recreational facilities. Those nonfederal entities charged fees for public 

access to those sites totaling about $3 million annually and retained those proceeds for operation and maintenance expenses. 

Beginning in September 2013, the Corps discontinued the use of 

cooperative agreements at all sites because the Corps determined 

it did not have explicit statutory authority to enter into such agreements. Since that time, the Corps has continued to operate some 

of those parks and public access sites and to charge fees for their 

use; however, it has closed some of the parks and facilities permanently and anticipates more closures because of insufficient funding to operate all of the sites. 

Under the bill, many of the parks that have been closed or will 

be closed under current law would probably be reopened and operated by nonfederal entities. In addition, some of the public access 

sites that the Corps would continue to operate itself under current 

law would probably be operated instead by nonfederal entities who 

would enter into the cooperative agreements authorized under the 

bill. Those entities would retain fees charged in connection with 

those sites they operate, rather than those fees being collected by 

the federal government as under current law. CBO estimates that 

change would reduce offsetting receipts (thus increasing net direct 

spending) by $20 million over the 2014–2024 period. 

The Corps would no longer need appropriated funds to maintain 

the parks and facilities that would be operated by private entities 

under the bill. Therefore, implementing the legislation could lead 

to a reduction in discretionary costs over this period if future appropriations are reduced because the Corps would no longer operate some parks and facilities itself. The Corps spent about $250 

million last year for recreation-related expenses, but the agency 

does not have information about the operating costs for individual 

parks that would be affected by this legislation, so the amount of 

the potential reduction in discretionary costs is unclear. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The changes 

in direct spending that are subject to those pay-as-you-go procedures are shown in the following table. 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014– 

2019 

2014– 

2024 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .... 0 1 1 2 2 2 2 2 2 3 3 7 20 

Intergovernmental and Private-sector impact: S. 2055 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. 

Estimate prepared by: Federal Costs: Aurora Swanson; Impact 

on State, Local, and Tribal Governments: Melissa Merrell; Impact 

on the Private Sector: Amy Petz. 


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Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1992 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources 

Development Act of 1992’’. 

* * * * * * * 

SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF RECREATION FACILITIES. 

(a) IN GENERAL.—The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects 

under the Secretary’s jurisdiction. 

(b) COOPERATIVE AGREEMENTS.—To implement the program 

under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public and private entities to 

provide for operation and management of recreation facilities and 

natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained 

at complete Federal expense. 

(c) USER FEES.— ø(1) COLLECTION OF FEES.—The Secretary¿ 

(1) COLLECTION OF FEES.— 

(A) IN GENERAL.—The Secretary may allow a non-Federal public or private entity that has entered into an agreement pursuant to subsection (b) 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.—A public or 

private 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. 

(2) USE OF FEES.—A non-Federal public or private entity that 

collects user fees under paragraph (1) may— 

(A) retain up to 100 percent of the fees collected, as determined by the Secretary; and 

(B) notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d–3(b)(4)), use that amount 

for operation, maintenance, and management at the recreation site at which the fee is collected. 


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(3) TERMS AND CONDITIONS.—The authority of a non-Federal 

public or private 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. 

ø(c)¿(d) CONTRIBUTIONS.—For purposes of carrying out this section the Secretary may accept contributions of funds, materials, 

and services from non-Federal public and private entities. Any 

funds received by the Secretary under this section shall be deposited into the account in the Treasury of the United States entitled 

‘‘Contributions and Advances, Rivers and Harbors, Corps of Engineers (8662)’’ and shall be available until expended to carry out the 

purposes of this section. 

* * * * * * * 

Æ 


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