,i #aahth ,,congress #ast ,session ,h4 ,r4 #fijf ,,in ,,the ,,house ,,of ,,representatives ,december #bb1 #bjbc,mr4 ,westerman 7for himself1 ,mr4 ,huffman1 and ,mr4 ,womack7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,water ,resources ,development ,act of #aiib and the ,flood ,control ,act of #aifh to provide for provisions relating to collection and retention of user fees at recreation facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lake ,access ,keeping ,economies ,strong ,act or the ,,lakes ,act4 #b4 ,challenge cost-sharing program for management of recreation facilities ,section #bbe of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbh7 is amended-- 7#a7 by redesignating subsections 7a7 through 7d7 as subsections 7b7 through 7e71 respectively2 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definitions ,in this section3 7#a7 ,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 #aaee of the ,water ,resources ,development ,act of #bjaf 7,,wrda #bjaf71 ,management of ,recreation ,facilities and dated ,april #d1 #bjah4 7#b7 ,private nonprofit entity ,the term private nonprofit entity means an organization that is described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code4 2 7#c7 in subsection 7b7 7as so redesignated71 by striking ,in general and inserting ,authorization2 7#d7 in subsection 7c7 7as so redesignated7-- 7,a7 by striking ,to implement and inserting the following3 7#a7 ,in general ,to implement 2 7,b7 by striking non-,federal public and private entities and inserting non-,federal public entities and private nonprofit entities2 and 7,c7 by adding at the end the following3 7#b7 ,requirements ,before entering into an agreement under paragraph 7#a71 the ,secretary shall ensure that the non-,federal public entity or private nonprofit entity has the authority and capability-- 7,a7 to carry out the terms of the agreement2 and 7,b7 to pay damages1 if necessary1 in the event of a failure to perform4 2 7#e7 by striking subsection 7d7 7as so redesignated7 and inserting the following3 7d7 ,user fees 7#a7 ,collection of fees 7,a7 ,in general ,the ,secretary may allow a non-,federal public entity or private nonprofit entity that has entered into an agreement pursuant to subsection 7c7 to collect user fees for the use of developed recreation sites and facilities1 whether developed or constructed by that entity or the ,department of the ,army4 7,b7 ,use of visitor reservation services 7i7 ,in general ,a non-,federal public entity or a private nonprofit entity described in subparagraph 7,a7 may use1 to manage fee collections and reservations under this section1 any visitor reservation service that the ,secretary has provided for by contract or interagency agreement1 subject to such terms and conditions as the ,secretary determines to be appropriate4 7ii7 ,transfer ,the ,secretary may transfer to a non-,federal public entity or a private nonprofit entity described in subparagraph 7,a71 or cause to be transferred by another ,federal agency1 user fees received by the ,secretary or other ,federal agency under a visitor reservation service described in clause 7i7 for recreation facilities and natural resources managed by the non-,federal public entity or private nonprofit entity4 7#b7 ,use of fees 7,a7 ,in general ,a non-,federal public entity or private nonprofit entity that collects user fees under paragraph 7#a7-- 7i7 may retain up to #ajj percent of the fees collected1 as determined by the ,secretary2 and 7ii7 notwithstanding section #baj7;b77#d7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77#d771 shall use any retained amount for operation1 maintenance1 and management activities related to recreation and natural resources at the water resource development project at which the fee is collected4 7,b7 ,requirements ,the use by a non-,federal public entity or private nonprofit entity of user fees collected under paragraph 7#a7 shall-- 7i7 be limited to activities covered by an agreement between the entity and the ,secretary2 7ii7 remain subject to the direction and oversight of the ,secretary2 and 7iii7 not affect any existing third party property interests1 leases1 or agreements with the ,secretary4 7#c7 ,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 ,states4 2 and 7#f7 in subsection 7e7 7as so redesignated71 in the first sentence1 by striking non-,federal public and private entities and inserting non-,federal public entities1 private nonprofit entities1 and other private entities4 #c4 ,retention of recreation fees 7a7 ,in general ,section #baj7;b7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77 is amended-- 7#a7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,deposit into ,treasury account ,all fees collected under this subsection shall-- 7,a7 be deposited in a special account in the ,treasury2 and 7,b7 be available for use1 without further appropriation1 for the operation and maintenance of recreation sites and facilities under the jurisdiction of the ,secretary of the ,army1 subject to the condition that not less than #hj percent of fees collected at a specific recreation site are utilized at that site4 2 and 7#b7 by adding at the end the following3 7#e7 ,supplement1 not supplant ,fees collected under this subsection-- 7,a7 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 ,army2 and 7,b7 shall not be used as a basis for reducing annual appropriated funding for those purposes4 4 7b7 ,special accounts ,amounts in the special account for the ,corps of ,engineers described in section #baj7;b77#d7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77#d77 7as in effect on the day before the date of enactment of this ,act7 that are unobligated on that date shall-- 7#a7 be transferred to the special account established under section #baj7;b77#d7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77#d77 7as amended by subsection 7a77#a772 and 7#b7 be available to the ,secretary for operation and maintenance of any recreation sites and facilities under the jurisdiction of the ,secretary1 without further appropriation4