LAKES Act

Subjects: Water Resources Development


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lake Access Keeping Economies Strong 
Act'' or the ``LAKES Act''.

SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION 
              FACILITIES.

    Section 225 of the Water Resources Development Act of 1992 (33 
U.S.C. 2328) is amended--
            (1) by redesignating subsections (a) through (d) as 
        subsections (b) through (e), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definitions.--In this section:
            ``(1) Non-federal public entity.--The term `non-Federal 
        public entity' means a non-Federal public entity as defined in 
        the document of the Corps of Engineers entitled `Implementation 
        Guidance for Section 1155 of the Water Resources Development 
        Act of 2016 (WRDA 2016), Management of Recreation Facilities' 
        and dated April 4, 2018.
            ``(2) Private nonprofit entity.--The term `private 
        nonprofit entity' means an organization that is described in 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from taxation under section 501(a) of that Code.'';
            (3) in subsection (b) (as so redesignated), by striking the 
        subsection designation and heading and all that follows through 
        ``The Secretary'' and inserting the following:
    ``(b) Authorization.--The Secretary'';
            (4) in subsection (c) (as so redesignated)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``To implement'' 
                and inserting the following:
    ``(c) Cooperative Agreements.--
            ``(1) In general.--To implement'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``non-Federal public and private entities'' 
                and inserting ``non-Federal public entities and private 
                nonprofit entities''; and
                    (C) by adding at the end the following:
            ``(2) Requirements.--Before entering into an agreement 
        under paragraph (1), the Secretary shall ensure that the non-
        Federal public entity or private nonprofit entity has the 
        authority and capability--
                    ``(A) to carry out the terms of the agreement; and
                    ``(B) to pay damages, if necessary, in the event of 
                a failure to perform.'';
            (5) by striking subsection (d) (as so redesignated) and 
        inserting the following:
    ``(d) User Fees.--
            ``(1) Collection of fees.--
                    ``(A) In general.--The Secretary may allow a non-
                Federal public entity or private nonprofit entity that 
                has entered into an agreement pursuant to subsection 
                (c) 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.--
                            ``(i) In general.--A non-Federal public 
                        entity or a private nonprofit 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.
                            ``(ii) Transfer.--The Secretary may 
                        transfer to a non-Federal public entity or a 
                        private nonprofit entity described in 
                        subparagraph (A), or cause to be transferred by 
                        another Federal agency, user fees received by 
                        the Secretary or other Federal agency under a 
                        visitor reservation service described in clause 
                        (i) for recreation facilities and natural 
                        resources managed by the non-Federal public 
                        entity or private nonprofit entity.
            ``(2) Use of fees.--
                    ``(A) In general.--A non-Federal public entity or 
                private nonprofit entity that collects user fees under 
                paragraph (1)--
                            ``(i) may retain up to 100 percent of the 
                        fees collected, as determined by the Secretary; 
                        and
                            ``(ii) notwithstanding section 210(b)(4) of 
                        the Flood Control Act of 1968 (16 U.S.C. 460d-
                        3(b)(4)), shall use any retained amount for 
                        operation, maintenance, and management 
                        activities related to recreation and natural 
                        resources at the water resource development 
                        project at which the fee is collected.
                    ``(B) Requirements.--The use by a non-Federal 
                public entity or private nonprofit entity of user fees 
                collected under paragraph (1) shall--
                            ``(i) be limited to activities covered by 
                        an agreement between the entity and the 
                        Secretary;
                            ``(ii) remain subject to the direction and 
                        oversight of the Secretary; and
                            ``(iii) not affect any existing third party 
                        property interests, leases, or agreements with 
                        the Secretary.
            ``(3) Terms and conditions.--The authority of a non-Federal 
        public entity or private nonprofit 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.''; and
            (6) in subsection (e) (as so redesignated), in the first 
        sentence, by striking ``non-Federal public and private 
        entities'' and inserting ``non-Federal public entities, private 
        nonprofit entities, and other private entities''.

SEC. 3. RETENTION OF RECREATION FEES.

    (a) In General.--Section 210(b) of the Flood Control Act of 1968 
(16 U.S.C. 460d-3(b)) is amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) Deposit into treasury account.--All fees collected 
        under this subsection shall--
                    ``(A) be deposited in a special account in the 
                Treasury; and
                    ``(B) be available for use, without further 
                appropriation, for the operation and maintenance of 
                recreation sites and facilities under the jurisdiction 
                of the Secretary of the Army, subject to the condition 
                that not less than 80 percent of fees collected at a 
                specific recreation site are utilized at that site.''; 
                and
            (2) by adding at the end the following:
            ``(5) Supplement, not supplant.--Fees collected under this 
        subsection--
                    ``(A) shall be in addition to annual appropriated 
                funding provided for the operation and maintenance of 
                recreation sites and facilities under the jurisdiction 
                of the Secretary of the Army; and
                    ``(B) shall not be used as a basis for reducing 
                annual appropriated funding for those purposes.''.
    (b) Special Accounts.--Amounts in the special account for the Corps 
of Engineers described in section 210(b)(4) of the Flood Control Act of 
1968 (16 U.S.C. 460d-3(b)(4)) (as in effect on the day before the date 
of enactment of this Act) that are unobligated on that date shall--
            (1) be transferred to the special account established under 
        section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 
        460d-3(b)(4)) (as amended by subsection (a)(1)); and
            (2) be available to the Secretary for operation and 
        maintenance of any recreation sites and facilities under the 
        jurisdiction of the Secretary, without further appropriation.
                                 &lt;all&gt;
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