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 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 the subsection designation and heading and 

24 all that follows through ‘‘The Secretary’’ and insert25 ing the following: 

26 ‘‘(b) AUTHORIZATION.—The Secretary’’; 


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

2 (A) by striking the subsection designation 

3 and heading and all that follows through ‘‘To 

4 implement’’ and inserting the following: 

5 ‘‘(c) COOPERATIVE AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—To implement’’; 

7 (B) in paragraph (1) (as so designated), by 

8 striking ‘‘non-Federal public and private enti9 ties’’ and inserting ‘‘non-Federal public entities 

10 and private nonprofit entities’’; and 

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

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

13 agreement under paragraph (1), the Secretary shall 

14 ensure that the non-Federal public entity or private 

15 nonprofit entity has the authority and capability— 

16 ‘‘(A) to carry out the terms of the agree17 ment; and 

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

19 event of a failure to perform.’’; 

20 (5) by striking subsection (d) (as so redesig21 nated) and inserting the following: 

22 ‘‘(d) USER FEES.— 

23 ‘‘(1) COLLECTION OF FEES.— 

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

25 allow a non-Federal public entity or private 


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1 nonprofit entity that has entered into an agree2 ment pursuant to subsection (c) to collect user 

3 fees for the use of developed recreation sites 

4 and facilities, whether developed or constructed 

5 by that entity or the Department of the Army. 

6 ‘‘(B) USE OF VISITOR RESERVATION SERV7 ICES.— 

8 ‘‘(i) IN GENERAL.—A non-Federal 

9 public entity or a private nonprofit entity 

10 described in subparagraph (A) may use, to 

11 manage fee collections and reservations 

12 under this section, any visitor reservation 

13 service that the Secretary has provided for 

14 by contract or interagency agreement, sub15 ject to such terms and conditions as the 

16 Secretary determines to be appropriate. 

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

18 transfer to a non-Federal public entity or 

19 a private nonprofit entity described in sub20 paragraph (A), or cause to be transferred 

21 by another Federal agency, user fees re22 ceived by the Secretary or other Federal 

23 agency under a visitor reservation service 

24 described in clause (i) for recreation facili25 ties and natural resources managed by the 


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1 non-Federal public entity or private non2 profit entity. 

3 ‘‘(2) USE OF FEES.— 

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

5 entity or private nonprofit entity that collects 

6 user fees under paragraph (1)— 

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

8 the fees collected, as determined by the 

9 Secretary; and 

10 ‘‘(ii) notwithstanding section 

11 210(b)(4) of the Flood Control Act of 

12 1968 (16 U.S.C. 460d–3(b)(4)), shall use 

13 any retained amount for operation, mainte14 nance, and management activities related 

15 to recreation and natural resources at the 

16 water resource development project at 

17 which the fee is collected. 

18 ‘‘(B) REQUIREMENTS.—The use by a non19 Federal public entity or private nonprofit entity 

20 of user fees collected under paragraph (1) 

21 shall— 

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

23 an agreement between the entity and the 

24 Secretary; 


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1 ‘‘(ii) remain subject to the direction 

2 and oversight of the Secretary; and 

3 ‘‘(iii) not affect any existing third 

4 party property interests, leases, or agree5 ments with the Secretary. 

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

7 of a non-Federal public entity or private nonprofit 

8 entity under this subsection shall be subject to such 

9 terms and conditions as the Secretary determines 

10 necessary to protect the interests of the United 

11 States.’’; and 

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

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

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

15 entities, private nonprofit entities, and other private 

16 entities’’. 

17 SEC. 3. RETENTION OF RECREATION FEES. 

18 (a) IN GENERAL.—Section 210(b) of the Flood Con19 trol Act of 1968 (16 U.S.C. 460d–3(b)) is amended— 

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

21 following: 

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

23 fees collected under this subsection shall— 

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

25 the Treasury; and 


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

2 appropriation, for the operation and mainte3 nance of recreation sites and facilities under the 

4 jurisdiction of the Secretary of the Army, sub5 ject to the condition that not less than 80 per6 cent of fees collected at a specific recreation site 

7 are utilized at that site.’’; and 

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

9 ‘‘(5) SUPPLEMENT, NOT SUPPLANT.—Fees col10 lected under this subsection— 

11 ‘‘(A) shall be in addition to annual appro12 priated funding provided for the operation and 

13 maintenance of recreation sites and facilities 

14 under the jurisdiction of the Secretary of the 

15 Army; and 

16 ‘‘(B) shall not be used as a basis for re17 ducing annual appropriated funding for those 

18 purposes.’’. 

19 (b) SPECIAL ACCOUNTS.—Amounts in the special ac20 count for the Corps of Engineers described in section 

21 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 

22 460d–3(b)(4)) (as in effect on the day before the date of 

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

24 shall— 


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1 (1) be transferred to the special account estab2 lished under section 210(b)(4) of the Flood Control 

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

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

5 (2) be available to the Secretary for operation 

6 and maintenance of any recreation sites and facili7 ties under the jurisdiction of the Secretary, without 

8 further appropriation. 

Æ 


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