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 provi-
sions relating to collection and retention of user fees 
at recreation facilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. CHALLENGE COST-SHARING PROGRAM FOR MAN-
AGEMENT 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 re-
designated) 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 Guid-
ance for Section 1155 of the Water Resources Devel-
opment 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 Rev-
enue Code of 1986 and exempt from taxation under 
section 501(a) of that Code.’’; 
(3) in subsection (b) (as so redesignated), by 
striking ‘‘IN GENERAL’’ and inserting ‘‘AUTHORIZA-
TION’’; 
(4) in subsection (c) (as so redesignated)— 
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and facilities, whether developed or constructed 
by that entity or the Department of the Army. 
‘‘(B) USE OF VISITOR RESERVATION SERV-
ICES.— 
‘‘(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, sub-
ject 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 sub-
paragraph (A), or cause to be transferred 
by another Federal agency, user fees re-
ceived by the Secretary or other Federal 
agency under a visitor reservation service 
described in clause (i) for recreation facili-
ties and natural resources managed by the 
non-Federal public entity or private non-
profit entity. 
‘‘(2) USE OF FEES.— 
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‘‘(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, mainte-
nance, 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 
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‘‘(iii) not affect any existing third 
party property interests, leases, or agree-
ments 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 Con-
trol 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 mainte-
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nance of recreation sites and facilities under the 
jurisdiction of the Secretary of the Army, sub-
ject to the condition that not less than 80 per-
cent 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 col-
lected under this subsection— 
‘‘(A) shall be in addition to annual appro-
priated 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 re-
ducing annual appropriated funding for those 
purposes.’’. 
(b) SPECIAL ACCOUNTS.—Amounts in the special ac-
count 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 estab-
lished under section 210(b)(4) of the Flood Control 
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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 facili-
ties under the jurisdiction of the Secretary, without 
further appropriation. 
Æ 
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