II 118th CONGRESS 1st Session S. 1358 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. Short title This Act may be cited as the Lake Access Keeping Economies Strong Act or the LAKES Act . 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 . 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.