II

106TH CONGRESS

2D SESSION S. 3179

To promote recreation on Federal lakes, to require Federal agencies responsible for managing Federal lakes to pursue strategies for enhancing

recreational experiences of the public, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000

Mrs. LINCOLN (for herself and Mr. CLELAND) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To promote recreation on Federal lakes, to require Federal

agencies responsible for managing Federal lakes to pursue strategies for enhancing recreational experiences of

the public, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Recreation

5 Lakes Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
2

•S 3179 IS

1 (1) recreation is an authorized purpose at al2 most all Federal lakes;

3 (2) lakes created by Federal dam projects have

4 become powerful magnets for diverse recreation ac5 tivities, drawing hundreds of millions of visits annu6 ally and generating tens of billions of dollars in eco7 nomic benefits;

8 (3) recreational opportunities are provided at

9 such lakes, on surrounding land, and on downstream

10 tailwaters by Federal agencies and through partner11 ships among Federal, State, and local government

12 agencies and private persons; and

13 (4) the quality of recreational opportunities at

14 and around Federal lakes depends on clean air and

15 water and attractive viewsheds.

16 (b) PURPOSES.—The purposes of this Act are—

17 (1) to require Federal agencies responsible for

18 management of lakes created by Federal dam

19 projects to pursue strategies for enhancing rec20 reational experiences at the lakes; and

21 (2) to direct Federal agencies to investigate the

22 possibilities for the use of, and to use, creative man23 agement of the project lakes that optimizes both rec24 reational opportunities and other purposes of the

25 project lakes, including—
3

•S 3179 IS

1 (A) provision of agricultural and municipal

2 water supplies;

3 (B) provision of flood control and naviga4 tion benefits;

5 (C) production of hydroelectric power; and

6 (D) protection of water quality.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) COUNCIL.—The term ‘‘Council’’ means the

10 Federal Lakes Recreation Leadership Council estab11 lished by section 5.

12 (2) NATIONAL RECREATION DEMONSTRATION

13 LAKE.—The term ‘‘national recreation demonstra14 tion lake’’ means a project lake that is designated as

15 a national recreation demonstration lake under sec16 tion 4.

17 (3) PARTICIPATING AGENCY.—The term ‘‘par18 ticipating agency’’ means—

19 (A) the Bureau of Indian Affairs;

20 (B) the Bureau of Land Management;

21 (C) the Bureau of Reclamation;

22 (D) the National Park Service;

23 (E) the United States Fish and Wildlife

24 Service;

25 (F) the Forest Service;
4

•S 3179 IS

1 (G) the Army Corps of Engineers;

2 (H) the Tennessee Valley Authority; and

3 (I) any other project lake management

4 agency that participates in the Program at the

5 request of the Council.

6 (4) PROGRAM.—The term ‘‘Program’’ means

7 the national recreation lakes demonstration program

8 established by section 4.

9 (5) PROJECT LAKE.—The term ‘‘project lake’’

10 means an impoundment of water that—

11 (A) is part of a water resources project op12 erated, maintained, or constructed by or with

13 the participation of any Federal agency;

14 (B) has a maximum storage capacity of 50

15 acre feet or more; and

16 (C) includes recreation as an authorized

17 purpose.

18 (6) PROJECT LAKE MANAGEMENT AGENCY.—

19 The term ‘‘project lake management agency’’ means

20 a Federal agency that manages a project lake.

21 (7) RECREATION.—

22 (A) IN GENERAL.—The term ‘‘recreation’’

23 means—
5

•S 3179 IS

1 (i) a water-related recreational activ2 ity that takes place on, adjacent to, or in

3 a project lake or tailwater; and

4 (ii) a recreational activity or wildlife5 related activity that takes place on feder6 ally managed land in the vicinity of a

7 project lake that is permitted under a land

8 management plan in effect on the date of

9 enactment of this Act.

10 (B) INCLUSIONS.—The term ‘‘recreation’’

11 includes—

12 (i) boating (including power boating,

13 sailing, rafting, kayaking, and canoeing),

14 diving, swimming, camping, and pic15 nicking; and

16 (ii) fishing and other wildlife-related

17 activity.

18 SEC. 4. NATIONAL RECREATION LAKES DEMONSTRATION

19 PROGRAM.

20 (a) ESTABLISHMENT.—There is established the Na21 tional Recreation Lakes Demonstration Program con22 sisting of the 20 national recreation demonstration lakes

23 to be established under this Act.

24 (b) CRITERIA.—
6

•S 3179 IS

1 (1) IN GENERAL.—The Council shall develop

2 and establish criteria for use in selecting project

3 lakes managed by participating agencies for designa4 tion as national recreation demonstration lakes.

5 (2) REQUIREMENTS.—The criteria shall—

6 (A) include lake size, diversity of current

7 and potential recreational uses, opportunities

8 for partnerships with private and public enti9 ties, and present and projected regional recre10 ation demand; and

11 (B) require a strong showing of local sup12 port from the area of the lake, including sup13 port from State and local governments, private

14 citizens, and businesses.

15 (3) CONSULTATION.—In developing the criteria,

16 the Council shall consult with participating agencies

17 to encourage the nomination of project lakes for the

18 Program so as to include project lakes in all regions

19 of the country and project lakes that will provide a

20 variety of recreational experiences.

21 (c) NOMINATION OF NATIONAL RECREATION DEM22 ONSTRATION LAKES.—A participating agency or an inter23 est group located in the area of a project lake may nomi24 nate the project lake to become a national recreation dem25 onstration lake by submitting to the Council a nomination
7

•S 3179 IS

1 in accordance with such procedures as the Council may

2 establish.

3 (d) DESIGNATION OF NATIONAL RECREATION DEM4 ONSTRATION LAKES.—

5 (1) IN GENERAL.—On receiving the nomina6 tions from participating agencies and local interest

7 groups, the Council shall designate 20 project lakes

8 to be national recreation demonstration lakes.

9 (2) SELECTION CRITERIA.—In selecting project

10 lakes for designation as national recreation dem11 onstration lakes, the Council shall endeavor to in12 clude project lakes in all regions of the country and

13 project lakes that will provide a variety of rec14 reational experiences.

15 (3) EFFECTIVE PERIOD.—A designation of a

16 project lake as a national recreation demonstration

17 lake shall be effective for a period not to exceed 10

18 years.

19 (e) AUTHORIZED ACTIVITIES AT NATIONAL RECRE20 ATION DEMONSTRATION LAKES.—

21 (1) ENHANCEMENT OF RECREATION ACTIVI22 TIES.—Each participating agency shall use authori23 ties under this Act to enhance opportunities for

24 recreation activities on, in, and in the vicinity of na25 tional recreation demonstration lakes.
8

•S 3179 IS

1 (2) NEW AUTHORITIES.—Except for the Na2 tional Park Service, in accordance with all applicable

3 laws (including regulations) and agreements, the

4 head of any participating agency except the National

5 Park Service may investigate the possibilities for the

6 conduct of, and may conduct, any activity to experi7 ment with fees, concession agreements, and innova8 tive management structures at a national recreation

9 demonstration lake.

10 (3) ASSISTANCE TO UNITS OF LOCAL GOVERN11 MENT IN THE VICINITY OF A NATIONAL RECREATION

12 DEMONSTRATION LAKE.—The head of any partici13 pating agency that manages a national recreation

14 demonstration lake may carry out activities (includ15 ing planning and marketing activities, the establish16 ment of advisory boards, and other activities) to im17 prove communications and cooperation between the

18 agency and local community interests in the vicinity

19 of the lake with respect to management of the na20 tional recreation demonstration lake.

21 (f) LOCAL ADVISORY COMMITTEES.—

22 (1) ESTABLISHMENT AND PURPOSE.—Under

23 guidelines developed by the Council, the head of a

24 participating agency shall establish, for each na25 tional recreation demonstration lake managed by the
9

•S 3179 IS

1 agency, a local advisory committee comprised of

2 State and local government and private sector rep3 resentatives.

4 (2) DUTIES.—The duties of a local advisory

5 committee shall be to recommend and coordinate

6 with project lake managers on projects proposed to

7 be completed by the participating agency under the

8 Program.

9 (3) OTHER AUTHORITIES AND REQUIRE10 MENTS.—

11 (A) MEETINGS.—All meetings of a local

12 advisory committee shall be announced at least

13 1 week in advance in a local newspaper of

14 record and shall be open to the public.

15 (B) RECORDS.—A local advisory com16 mittee shall maintain records of the meetings of

17 the committee and make the records available

18 for public inspection.

19 (C) COMPENSATION.—Members of a local

20 advisory committee shall not receive any com21 pensation.

22 (D) FEDERAL ADVISORY COMMITTEE

23 ACT.—The Federal Advisory Committee Act (5

24 U.S.C. App.) shall not apply to a local advisory

25 committee established under paragraph (1).
10

•S 3179 IS

1 SEC. 5. FEDERAL LAKES RECREATION LEADERSHIP COUN2 CIL.

3 (a) ESTABLISHMENT.—There is established a council

4 to be known as the ‘‘Federal Lakes Recreation Leadership

5 Council’’ as contemplated by the memorandum of agree6 ment among the Secretary of the Interior, Secretary of

7 Agriculture, Secretary of the Army, and Chairman of the

8 Tennessee Valley Authority dated October 27, 1999.

9 (b) MEMBERSHIP.—The Council shall be composed

10 of—

11 (1) the Secretary of the Interior (or designee),

12 who shall serve as the Chairperson of the Council;

13 (2) the Secretary of the Army (or designee);

14 (3) the Secretary of Agriculture (or designee);

15 (4) the Director of the Tennessee Valley Au16 thority (or designee);

17 (5) a representative of the recreation industry,

18 appointed by the President;

19 (6) a representative of the National Association

20 of State Park Directors, appointed by the President;

21 and

22 (7) a director of a State Fish and Wildlife

23 Agency, appointed by the President.

24 (c) PURPOSE.—The purpose of the Council shall be

25 to—
11

•S 3179 IS

1 (1) increase the awareness of the social and

2 economic values associated with project lake recre3 ation among project lake management agencies and

4 other stakeholders with an interest in recreation at

5 project lakes;

6 (2) develop policies that provide an environment

7 for success that emphasizes the role of recreation at

8 project lakes;

9 (3) protect and manage recreation and other re10 sources to optimize all resource benefits; and

11 (4) promote a process that will involve Federal,

12 State, tribal, and local units of government and field

13 managers in the planning, development, and man14 agement of recreation uses at project lakes.

15 (d) DUTIES.—The Council shall—

16 (1)(A) work to implement the goals and rec17 ommendations of the National Recreation Lakes

18 Study Commission as detailed in the Commission’s

19 1999 report entitled ‘‘Reservoirs of Opportunity’’;

20 and

21 (B) use the report as a guide for all Council ac22 tions;

23 (2) solicit each project lake management agency

24 to become a participating agency;
12

•S 3179 IS

1 (3) respond to requests for assistance from

2 Members of Congress in drafting legislation, includ3 ing new authorization and funding requirements, to

4 best achieve the purposes of this Act;

5 (4) promote collaboration among agencies to

6 provide training opportunities, interagency develop7 ment assignments, and regular lake manager meet8 ings;

9 (5) promote the development and consistency

10 of—

11 (A) data collection at project lakes,

12 including—

13 (i) making scientific assessments of

14 watershed and natural resource conditions;

15 and

16 (ii) making assessments of customer

17 facility and infrastructure needs; and

18 (B) required maintenance schedules;

19 (6) promote agency policies that encourage con20 struction, operation, and maintenance of high qual21 ity visitor and recreational services and facilities by

22 concessioners and permittees at project lakes, includ23 ing adequate opportunities for profitability and re24 covery of capital investments;
13

•S 3179 IS

1 (7) develop consistent guidance to encourage

2 construction, operation, and maintenance of com3 mercial recreation facilities and other visitor amen4 ities at project lakes;

5 (8) recognize and reward innovation and col6 laboration at project lakes;

7 (9) develop public information materials to

8 identify the type and location of recreation facilities

9 and programs at project lakes;

10 (10) promote cooperation and share new ap11 proaches from Federal and State managing agen12 cies, Indian tribes, and the private sector to embrace

13 a culture of innovation and entrepreneurship;

14 (11) develop training courses on business skills

15 to close the recreation needs gap;

16 (12) support annual regional workshops with

17 State, tribal, local, and private sector participants to

18 seek feedback and assistance in achieving the goals

19 of the Program;

20 (13) develop and establish an application and

21 selection process to implement the Program; and

22 (14) develop guidelines for the formation of

23 local advisory committees to be established by

24 project lake management agencies managing na25 tional recreation demonstration lakes.
14

•S 3179 IS

1 (e) PRINCIPLES.—In all its actions and recommenda2 tions, the Council shall consider the following principles:

3 (1) WATERSHED HEALTH.—The health of the

4 watersheds associated with project lakes must be

5 protected.

6 (2) NEIGHBORING COMMUNITIES.—Neighboring

7 communities should be encouraged to participate in

8 planning the recreation needs and other uses of

9 project lakes to help to diversify the economic base

10 of the community and promote sustainable practices

11 to protect resources.

12 (3) FEDERAL RESPONSIBILITIES.—Federal re13 sponsibilities to enhance recreation at project lakes

14 while operating projects to optimize water use for all

15 beneficial purposes should be reaffirmed.

16 (4) MANAGEMENT FLEXIBILITY.—Management

17 flexibility should be increased and support for man18 agement innovation should be demonstrated.

19 (5) SUPPORT.—Public and private support

20 should be attracted to provide public outdoor recre21 ation activities at project lakes.

22 (f) FACA.—The Council shall be subject to the Fed23 eral Advisory Committee Act (5 U.S.C. App.).
15

•S 3179 IS

1 SEC. 6. PERIODIC REVIEW AND REVISION OF OPERATING

2 POLICIES FOR PROJECT LAKES.

3 (a) REPORTS.—

4 (1) PROJECT LAKE MANAGEMENT AGENCIES.—

5 Not later than 1 year after the date of enactment

6 of this Act, the head of each project lake manage7 ment agency shall submit to the Committee on En8 ergy and Natural Resources of the Senate, the Com9 mittee on Resources of the House of Representa10 tives, and the Council a report that describes—

11 (A) actions taken by the agency to commu12 nicate to personnel of the agency the require13 ments of this Act and other laws relating to

14 recreation use of project lakes; and

15 (B) actions to be taken by the agency to

16 expand recreation opportunities at project lakes,

17 including a schedule for taking the actions.

18 (2) COUNCIL.—Not later than 3 years after the

19 date of enactment of this Act, and every 2 years

20 thereafter, the Council shall submit to the Com21 mittee on Energy and Natural Resources of the Sen22 ate, and the Committee on Resources of the House

23 of Representatives a report describing actions taken

24 by participating agencies to expand recreation op25 portunities at project lakes.

26 (3) PARTICIPATING AGENCIES.—
16

•S 3179 IS

1 (A) PERIODIC REPORTS.—The head of

2 each participating agency shall periodically re3 port to the Council regarding activities of the

4 participating agency under this section.

5 (B) COMPREHENSIVE REVIEW.—Not later

6 than 5 years after the date of enactment of this

7 Act and at least once every 15 years thereafter,

8 the head of each participating agency shall con9 duct a comprehensive review of operating poli10 cies for project lakes managed by the agency

11 that describes—

12 (i) the actions taken by the agency to

13 communicate to personnel of the agency

14 the requirements of this Act and other

15 laws relating to recreation use of project

16 lakes; and

17 (ii) the actions to be taken by the

18 agency to expand recreation opportunities

19 at project lakes, including a schedule for

20 taking the actions.

21 (b) POLICIES.—

22 (1) IN GENERAL.—The head of each project

23 lake management agency shall—

24 (A) revise the policies of the agency as nec25 essary to incorporate new information and en-
17

•S 3179 IS

1 sure coordinated management of project lakes

2 to produce high levels of benefits for recreation

3 and all authorized purposes and designated uses

4 of project lakes; and

5 (B) where recreation is consistent with the

6 project lake purposes and designated uses of

7 project lands and waters, give recreation appro8 priate attention in all agency decisions and poli9 cies relating to the project lake.

10 (2) TAILWATERS.—In conducting any activity

11 relating to the tailwater of a project lake, the head

12 of a project lake management agency shall—

13 (A) investigate ways to consider rec14 reational uses dependent on water release

15 schedules and release volumes;

16 (B) consider release schedules to enhance

17 such opportunities and uses of the tailwater;

18 and

19 (C) appropriately balance all of the pur20 poses of the project.

21 SEC. 7. RECREATION FEE DEMONSTRATION PROGRAM.

22 Section 315 of the Department of the Interior and

23 Related Agencies Appropriations Act, 1996 (16 U.S.C.

24 460l–6a note; Public Law 104–134), is amended—

25 (1) in subsection (a)—
18

•S 3179 IS

1 (A) by inserting ‘‘, the Bureau of Reclama2 tion,’’ after ‘‘the National Park Service’’;

3 (B) by striking ‘‘Service) and’’ and insert4 ing ‘‘Service),’’; and

5 (C) by inserting before ‘‘shall each’’ the

6 following: ‘‘, and the Secretary of the Army

7 (acting through the Corps of Engineers)’’;

8 (2) in subsection (b), by striking ‘‘four agen9 cies’’ and inserting ‘‘6 agencies’’; and

10 (3) in subsection (e)—

11 (A) by striking ‘‘and’’ and inserting a

12 comma; and

13 (B) by inserting ‘‘, and the Secretary of

14 the Army’’ before ‘‘shall carry out’’.

15 SEC. 8. USE OF FEDERAL WATER PROJECT FUNDING FOR

16 MATCHING REQUIREMENTS FOR RECRE17 ATION PROJECTS AT NATIONAL RECREATION

18 DEMONSTRATION LAKES.

19 (a) FEDERAL WATER PROJECT RECREATION ACT.—

20 The Federal Water Project Recreation Act is amended—

21 (1) in section 2 (16 U.S.C. 460l–13)—

22 (A) in subsection (a), by striking ‘‘it and

23 to bear’’ and all that follows through ‘‘recre24 ation,’’ and inserting ‘‘the project,’’; and

25 (B) in subsection (b)—
19

•S 3179 IS

1 (i) by striking ‘‘recreation and’’; and

2 (ii) by striking ‘‘recreation or’’;

3 (2) in section 3 (16 U.S.C. 460l–14)—

4 (A) in subsection (b)(1), by striking ‘‘it

5 and will bear’’ the first place it appears and all

6 that follows through ‘‘recreation,’’ and inserting

7 ‘‘the project,’’; and

8 (B) in subsection (c), by striking para9 graph (2); and

10 (3) in section 4 (16 U.S.C. 460l–15), by strik11 ing ‘‘recreation and’’ and all that follows through

12 ‘‘those purposes’’ and inserting ‘‘fish and wildlife

13 purposes’’.

14 (b) FEDERAL AID IN FISH RESTORATION ACT.—The

15 Act of August 9, 1950 (16 U.S.C. 777 et seq.) is amended

16 by striking the first section 13 (relating to effective date)

17 and the second section 13 (relating to State use of con18 tributions) and inserting the following:

19 ‘‘SEC. 13. APPLICATION OF FEDERAL WATER PROJECT

20 SPENDING TO NON-FEDERAL SHARE OF COV21 ERED RECREATION PROJECTS.

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) COVERED RECREATION PROJECT.—The

24 term ‘covered recreation project’ means construction

25 or reconstruction of a facility for recreation at a na-
20

•S 3179 IS

1 tional recreation demonstration lake that is carried

2 out with assistance under this Act.

3 ‘‘(2) NATIONAL RECREATION DEMONSTRATION

4 LAKE.—The term ‘national recreation demonstration

5 lake’ has the meaning given the term in section 2 of

6 the National Recreation Lakes Act of 2000.

7 ‘‘(3) RECREATION.—The term ‘recreation’ has

8 the meaning given the term in section 2 of the Na9 tional Recreation Lakes Act of 2000.

10 ‘‘(b) TREATMENT OF USE OF AMOUNTS APPRO11 PRIATED FOR A FEDERAL WATER PROJECT.—The use for

12 any covered recreation project of amounts appropriated

13 for a Federal water project shall be treated as payment

14 of the non-Federal share of costs required under this

15 Act.’’.

16 (c) FEDERAL AID IN WILDLIFE RESTORATION

17 ACT.—The Act of September 2, 1937 (16 U.S.C. 669 et

18 seq.) is amended—

19 (1) by redesignating section 10 as section 11;

20 and

21 (2) by inserting after section 9 the following:

22 ‘‘SEC. 10. APPLICATION OF FEDERAL WATER PROJECT

23 SPENDING TO NON-FEDERAL SHARE OF

24 RECREATION PROJECTS.

25 ‘‘(a) DEFINITIONS.—In this section:
21

•S 3179 IS

1 ‘‘(1) COVERED RECREATION PROJECT.—The

2 term ‘covered recreation project’ means construction

3 or reconstruction of a facility for recreation at a na4 tional recreation demonstration lake that is carried

5 out with assistance under this Act.

6 ‘‘(2) NATIONAL RECREATION DEMONSTRATION

7 LAKE.—The term ‘national recreation demonstration

8 lake’ has the meaning given the term in section 2 of

9 the National Recreation Lakes Act of 2000.

10 ‘‘(3) RECREATION.—The term ‘recreation’ has

11 the meaning given the term in section 2 of the Na12 tional Recreation Lakes Act of 2000.

13 ‘‘(b) TREATMENT OF USE OF AMOUNTS APPRO14 PRIATED FOR A FEDERAL WATER PROJECT.—The use for

15 any covered recreation project of amounts appropriated

16 for a Federal water project shall be treated as payment

17 of the non-Federal share of costs required under this

18 Act.’’.

19 SEC. 9. RELATIONSHIP TO OTHER LAWS.

20 This Act does not affect—

21 (1) the purposes of any project lake authorized

22 before the date of enactment of this Act;

23 (2) the authority of any State to manage fish

24 and wildlife; or
22

•S 3179 IS

1 (3) the authority of any State or the Federal

2 Government to enter into any agreement relating to

3 a project lake.

4 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated, to remain

6 available until expended—

7 (1) to the head of each project lake manage8 ment agency that manages a national recreation

9 demonstration lake, $1,000,000 for each such lake,

10 to be used only at that lake to carry out this Act;

11 and

12 (2) to the Secretary of the Interior, $1,000,000

13 to coordinate activities of the Council and partici14 pating agencies under this Act.

Æ