I 

118TH CONGRESS 

1ST SESSION H. R. 6906 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 22, 2023 

Mr. WESTERMAN (for himself, Mr. HUFFMAN, and Mr. WOMACK) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

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. 

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 ‘‘Lake Access Keeping 

5 Economies Strong Act’’ or the ‘‘LAKES Act’’. 

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1 SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MAN2 AGEMENT OF RECREATION FACILITIES. 

3 Section 225 of the Water Resources Development Act 

4 of 1992 (33 U.S.C. 2328) is amended— 

5 (1) by redesignating subsections (a) through (d) 

6 as subsections (b) through (e), respectively; 

7 (2) by inserting before subsection (b) (as so re8 designated) the following: 

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

10 ‘‘(1) NON-FEDERAL PUBLIC ENTITY.—The term 

11 ‘non-Federal public entity’ means a non-Federal 

12 public entity as defined in the document of the 

13 Corps of Engineers entitled ‘Implementation Guid14 ance for Section 1155 of the Water Resources Devel15 opment Act of 2016 (WRDA 2016), Management of 

16 Recreation Facilities’ and dated April 4, 2018. 

17 ‘‘(2) PRIVATE NONPROFIT ENTITY.—The term 

18 ‘private nonprofit entity’ means an organization that 

19 is described in section 501(c) of the Internal Rev20 enue Code of 1986 and exempt from taxation under 

21 section 501(a) of that Code.’’; 

22 (3) in subsection (b) (as so redesignated), by 

23 striking ‘‘IN GENERAL’’ and inserting ‘‘AUTHORIZA24 TION’’; 

25 (4) in subsection (c) (as so redesignated)— 

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1 (A) by striking ‘‘To implement’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—To implement’’; 

4 (B) by striking ‘‘non-Federal public and 

5 private entities’’ and inserting ‘‘non-Federal 

6 public entities and private nonprofit entities’’; 

7 and 

8 (C) by adding at the end the following: 

9 ‘‘(2) REQUIREMENTS.—Before entering into an 

10 agreement under paragraph (1), the Secretary shall 

11 ensure that the non-Federal public entity or private 

12 nonprofit entity has the authority and capability— 

13 ‘‘(A) to carry out the terms of the agree14 ment; and 

15 ‘‘(B) to pay damages, if necessary, in the 

16 event of a failure to perform.’’; 

17 (5) by striking subsection (d) (as so redesig18 nated) and inserting the following: 

19 ‘‘(d) USER FEES.— 

20 ‘‘(1) COLLECTION OF FEES.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 allow a non-Federal public entity or private 

23 nonprofit entity that has entered into an agree24 ment pursuant to subsection (c) to collect user 

25 fees for the use of developed recreation sites 

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1 and facilities, whether developed or constructed 

2 by that entity or the Department of the Army. 

3 ‘‘(B) USE OF VISITOR RESERVATION SERV4 ICES.— 

5 ‘‘(i) IN GENERAL.—A non-Federal 

6 public entity or a private nonprofit entity 

7 described in subparagraph (A) may use, to 

8 manage fee collections and reservations 

9 under this section, any visitor reservation 

10 service that the Secretary has provided for 

11 by contract or interagency agreement, sub12 ject to such terms and conditions as the 

13 Secretary determines to be appropriate. 

14 ‘‘(ii) TRANSFER.—The Secretary may 

15 transfer to a non-Federal public entity or 

16 a private nonprofit entity described in sub17 paragraph (A), or cause to be transferred 

18 by another Federal agency, user fees re19 ceived by the Secretary or other Federal 

20 agency under a visitor reservation service 

21 described in clause (i) for recreation facili22 ties and natural resources managed by the 

23 non-Federal public entity or private non24 profit entity. 

25 ‘‘(2) USE OF FEES.— 

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1 ‘‘(A) IN GENERAL.—A non-Federal public 

2 entity or private nonprofit entity that collects 

3 user fees under paragraph (1)— 

4 ‘‘(i) may retain up to 100 percent of 

5 the fees collected, as determined by the 

6 Secretary; and 

7 ‘‘(ii) notwithstanding section 

8 210(b)(4) of the Flood Control Act of 

9 1968 (16 U.S.C. 460d–3(b)(4)), shall use 

10 any retained amount for operation, mainte11 nance, and management activities related 

12 to recreation and natural resources at the 

13 water resource development project at 

14 which the fee is collected. 

15 ‘‘(B) REQUIREMENTS.—The use by a non16 Federal public entity or private nonprofit entity 

17 of user fees collected under paragraph (1) 

18 shall— 

19 ‘‘(i) be limited to activities covered by 

20 an agreement between the entity and the 

21 Secretary; 

22 ‘‘(ii) remain subject to the direction 

23 and oversight of the Secretary; and 

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1 ‘‘(iii) not affect any existing third 

2 party property interests, leases, or agree3 ments with the Secretary. 

4 ‘‘(3) TERMS AND CONDITIONS.—The authority 

5 of a non-Federal public entity or private nonprofit 

6 entity under this subsection shall be subject to such 

7 terms and conditions as the Secretary determines 

8 necessary to protect the interests of the United 

9 States.’’; and 

10 (6) in subsection (e) (as so redesignated), in the 

11 first sentence, by striking ‘‘non-Federal public and 

12 private entities’’ and inserting ‘‘non-Federal public 

13 entities, private nonprofit entities, and other private 

14 entities’’. 

15 SEC. 3. RETENTION OF RECREATION FEES. 

16 (a) IN GENERAL.—Section 210(b) of the Flood Con17 trol Act of 1968 (16 U.S.C. 460d–3(b)) is amended— 

18 (1) by striking paragraph (4) and inserting the 

19 following: 

20 ‘‘(4) DEPOSIT INTO TREASURY ACCOUNT.—All 

21 fees collected under this subsection shall— 

22 ‘‘(A) be deposited in a special account in 

23 the Treasury; and 

24 ‘‘(B) be available for use, without further 

25 appropriation, for the operation and mainteVerDate Sep 11 2014 00:32 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6906.IH H6906
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1 nance of recreation sites and facilities under the 

2 jurisdiction of the Secretary of the Army, sub3 ject to the condition that not less than 80 per4 cent of fees collected at a specific recreation site 

5 are utilized at that site.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(5) SUPPLEMENT, NOT SUPPLANT.—Fees col8 lected under this subsection— 

9 ‘‘(A) shall be in addition to annual appro10 priated funding provided for the operation and 

11 maintenance of recreation sites and facilities 

12 under the jurisdiction of the Secretary of the 

13 Army; and 

14 ‘‘(B) shall not be used as a basis for re15 ducing annual appropriated funding for those 

16 purposes.’’. 

17 (b) SPECIAL ACCOUNTS.—Amounts in the special ac18 count for the Corps of Engineers described in section 

19 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 

20 460d–3(b)(4)) (as in effect on the day before the date of 

21 enactment of this Act) that are unobligated on that date 

22 shall— 

23 (1) be transferred to the special account estab24 lished under section 210(b)(4) of the Flood Control 

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1 Act of 1968 (16 U.S.C. 460d–3(b)(4)) (as amended 

2 by subsection (a)(1)); and 

3 (2) be available to the Secretary for operation 

4 and maintenance of any recreation sites and facili5 ties under the jurisdiction of the Secretary, without 

6 further appropriation. 

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