[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 531 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 531

  To promote recreation on Federal lakes, to require Federal agencies 
    responsible for managing Federal lakes to pursue strategies for 
    enhancing recreational experiences of the public, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2001

Mrs. Lincoln (for herself, Mr. Cleland, and Mr. Dorgan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To promote recreation on Federal lakes, to require Federal agencies 
    responsible for managing Federal lakes to pursue strategies for 
    enhancing recreational experiences of the public, 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 ``National Recreation Lakes Act of 
2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) recreation is an authorized purpose at almost all 
        Federal lakes;
            (2) lakes created by Federal dam projects have become 
        powerful magnets for diverse recreation activities, drawing 
        hundreds of millions of visits annually and generating tens of 
        billions of dollars in economic benefits;
            (3) recreational opportunities are provided at such lakes, 
        on surrounding land, and on downstream tailwaters by Federal 
        agencies and through partnerships among Federal, State, and 
        local government agencies and private persons; and
            (4) the quality of recreational opportunities at and around 
        Federal lakes depends on clean air and water and attractive 
        viewsheds.
    (b) Purposes.--The purposes of this Act are--
            (1) to require Federal agencies responsible for management 
        of lakes created by Federal dam projects to pursue strategies 
        for enhancing recreational experiences at the lakes; and
            (2) to direct Federal agencies to investigate the 
        possibilities for the use of, and to use, creative management 
        of the project lakes that optimizes both recreational 
        opportunities and other purposes of the project lakes, 
        including--
                    (A) provision of agricultural and municipal water 
                supplies;
                    (B) provision of flood control and navigation 
                benefits;
                    (C) production of hydroelectric power; and
                    (D) protection of water quality.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Federal Lakes 
        Recreation Leadership Council established by section 5.
            (2) National recreation demonstration lake.--The term 
        ``national recreation demonstration lake'' means a project lake 
        that is designated as a national recreation demonstration lake 
        under section 4.
            (3) Participating agency.--The term ``participating 
        agency'' means--
                    (A) the Bureau of Indian Affairs;
                    (B) the Bureau of Land Management;
                    (C) the Bureau of Reclamation;
                    (D) the National Park Service;
                    (E) the United States Fish and Wildlife Service;
                    (F) the Forest Service;
                    (G) the Army Corps of Engineers;
                    (H) the Tennessee Valley Authority; and
                    (I) any other project lake management agency that 
                participates in the Program at the request of the 
                Council.
            (4) Program.--The term ``Program'' means the national 
        recreation lakes demonstration program established by section 
        4.
            (5) Project lake.--The term ``project lake'' means an 
        impoundment of water that--
                    (A) is part of a water resources project operated, 
                maintained, or constructed by or with the participation 
                of any Federal agency;
                    (B) has a maximum storage capacity of 200 acre feet 
                or more; and
                    (C) includes recreation as an authorized purpose.
            (6) Project lake management agency.--The term ``project 
        lake management agency'' means a Federal agency that manages a 
        project lake.
            (7) Recreation.--
                    (A) In general.--The term ``recreation'' means--
                            (i) a water-related recreational activity 
                        that takes place on, adjacent to, or in a 
                        project lake or tailwater; and
                            (ii) a recreational activity or wildlife-
                        related activity that takes place on federally 
                        managed land in the vicinity of a project lake 
                        that is permitted under a land management plan 
                        in effect on the date of enactment of this Act.
                    (B) Inclusions.--The term ``recreation'' includes--
                            (i) boating (including power boating, 
                        sailing, rafting, kayaking, and canoeing), 
                        diving, swimming, camping, trail-based 
                        activities, and picnicking; and
                            (ii) fishing and other wildlife-related 
                        activity.

SEC. 4. NATIONAL RECREATION LAKES DEMONSTRATION PROGRAM.

    (a) Establishment.--There is established the National Recreation 
Lakes Demonstration Program consisting of the 25 national recreation 
demonstration lakes to be established under this Act.
    (b) Criteria.--
            (1) In general.--The Council shall develop and establish 
        criteria for use in selecting project lakes managed by 
        participating agencies for designation as national recreation 
        demonstration lakes.
            (2) Requirements.--The criteria shall--
                    (A) include lake size, diversity of current and 
                potential recreational uses, opportunities for 
                partnerships with private and public entities, and 
                present and projected regional recreation demand; and
                    (B) require a strong showing of local support from 
                the area of the lake, including support from State and 
                local governments, private citizens, and businesses.
            (3) Consultation.--In developing the criteria, the Council 
        shall consult with participating agencies to encourage the 
        nomination of project lakes for the Program so as to include 
        project lakes in all regions of the country and project lakes 
        that will provide a variety of recreational experiences.
    (c) Nomination of National Recreation Demonstration Lakes.--A 
participating agency or an interest group located in the immediate 
vicinity of a project lake may nominate the project lake to become a 
national recreation demonstration lake by submitting to the Council a 
nomination in accordance with such procedures as the Council may 
establish.
    (d) Designation of National Recreation Demonstration Lakes.--
            (1) In general.--On receiving the nominations from 
        participating agencies and local interest groups, the Council 
        shall designate 25 project lakes to be national recreation 
        demonstration lakes.
            (2) Selection criteria.--In selecting project lakes for 
        designation as national recreation demonstration lakes, the 
        Council shall endeavor to include project lakes in all regions 
        of the country and project lakes that will provide a variety of 
        recreational experiences.
            (3) Effective period.--A designation of a project lake as a 
        national recreation demonstration lake shall be effective for a 
        period not to exceed 10 years.
    (e) Authorized Activities at National Recreation Demonstration 
Lakes.--
            (1) Enhancement of recreation activities.--Each 
        participating agency shall use authorities under this Act to 
        enhance opportunities for recreation activities on, in, and in 
        the vicinity of national recreation demonstration lakes.
            (2) New authorities.--In accordance with the Act of October 
        22, 1986 (16 U.S.C. 497b) and the Act of November 13, 1998 (16 
        U.S.C. 5951 et seq.), the head of any participating agency 
        except the National Park Service may conduct any activity to 
        experiment with permits, fees, concession agreements, and 
        innovative management structures at a national recreation 
        demonstration lake under the jurisdiction of the participating 
        agency.
            (3) Assistance to units of local government in the vicinity 
        of a national recreation demonstration lake.--The head of any 
        participating agency that manages a national recreation 
        demonstration lake may carry out activities (including planning 
        and marketing activities, the establishment of advisory boards, 
        and other activities) to improve communications and cooperation 
        between the agency and local community interests in the 
        vicinity of the lake with respect to management of the national 
        recreation demonstration lake.
    (f) Local Advisory Committees.--
            (1) Establishment and purpose.--Under guidelines developed 
        by the Council, the head of a participating agency shall 
        establish, for each national recreation demonstration lake 
        managed by the agency, a local advisory committee comprised of 
        State and local government and private sector representatives.
            (2) Duties.--The duties of a local advisory committee shall 
        be to recommend and coordinate with project lake managers on 
        projects proposed to be completed by the participating agency 
        under the Program.
            (3) Other authorities and requirements.--
                    (A) Meetings.--All meetings of a local advisory 
                committee shall be announced at least 1 week in advance 
                in a local newspaper of record and shall be open to the 
                public.
                    (B) Records.--A local advisory committee shall 
                maintain records of the meetings of the committee and 
                make the records available for public inspection.
                    (C) Compensation.--Members of a local advisory 
                committee shall not receive any compensation.
                    (D) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to a local advisory committee established under 
                paragraph (1).

 SEC. 5. FEDERAL LAKES RECREATION LEADERSHIP COUNCIL.

    (a) Establishment.--There is established a council to be known as 
the ``Federal Lakes Recreation Leadership Council'' as contemplated by 
the memorandum of agreement among the Secretary of the Interior, 
Secretary of Agriculture, Secretary of the Army, and Chairman of the 
Tennessee Valley Authority dated October 27, 1999.
    (b) Membership.--The Council shall be composed of--
            (1) the Secretary of the Interior (or designee), who shall 
        serve as the Chairperson of the Council;
            (2) the Secretary of the Army (or designee);
            (3) the Secretary of Agriculture (or designee);
            (4) the Director of the Tennessee Valley Authority (or 
        designee);
            (5) a representative of the recreation industry, appointed 
        by the President;
            (6) a representative of the National Association of State 
        Park Directors, appointed by the President; and
            (7) a director of a State Fish and Wildlife Agency, 
        appointed by the President.
    (c) Terms; Vacancies.--
            (1) Term.--
                    (A) In general.--Except as provided under 
                subparagraph (B), a member shall be appointed for the 
                life of the Council.
                    (B) Presidential appointee.--A member of the 
                Council appointed under paragraphs (5), (6), or (7) of 
                subsection (b) shall be appointed for a term of 5 
                years.
            (2) Vacancies.--A vacancy on the Council--
                    (A) shall not affect the powers of the Council; and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Purpose.--The purpose of the Council shall be to--
            (1) increase the awareness of the social and economic 
        values associated with project lake recreation among project 
        lake management agencies and other stakeholders with an 
        interest in recreation at project lakes;
            (2) develop policies that provide an environment for 
        success that emphasizes the role of recreation at project 
        lakes;
            (3) protect and manage recreation and other resources to 
        optimize all resource benefits; and
            (4) promote a process that will involve Federal, State, 
        tribal, and local units of government and field managers in the 
        planning, development, and management of recreation uses at 
        project lakes.
    (e) Duties.--The Council shall--
            (1)(A) work to implement the goals and recommendations of 
        the National Recreation Lakes Study Commission as detailed in 
        the Commission's 1999 report entitled ``Reservoirs of 
        Opportunity''; and
            (B) use the report as a guide for all Council actions;
            (2) solicit each project lake management agency to become a 
        participating agency;
            (3) respond to requests for assistance from Members of 
        Congress in drafting legislation, including new authorization 
        and funding requirements, to best achieve the purposes of this 
        Act;
            (4) promote collaboration among agencies to provide 
        training opportunities, interagency development assignments, 
        and regular lake manager meetings;
            (5) promote the development and consistency of--
                    (A) data collection at project lakes, including--
                            (i) making scientific assessments of 
                        watershed and natural resource conditions; and
                            (ii) making assessments of customer 
                        facility and infrastructure needs; and
                    (B) required maintenance schedules;
            (6) promote agency policies that encourage construction, 
        operation, and maintenance of high quality visitor and 
        recreational services and facilities by concessioners and 
        permittees at project lakes, including adequate opportunities 
        for profitability and recovery of capital investments;
            (7) develop consistent guidance to encourage construction, 
        operation, and maintenance of commercial recreation facilities 
        and other visitor amenities at project lakes;
            (8) recognize and reward innovation and collaboration at 
        project lakes;
            (9) develop public information materials to identify the 
        type and location of recreation facilities and programs at 
        project lakes;
            (10) promote cooperation and share new approaches from 
        Federal and State managing agencies, Indian tribes, and the 
        private sector to embrace a culture of innovation and 
        entrepreneurship;
            (11) develop training courses on business skills to close 
        the recreation needs gap;
            (12) support annual regional workshops with State, tribal, 
        local, and private sector participants to seek feedback and 
        assistance in achieving the goals of the Program;
            (13) develop and establish an application and selection 
        process to implement the Program;
            (14) develop guidelines for the formation of local advisory 
        committees to be established by project lake management 
        agencies managing national recreation demonstration lakes; and
            (15) develop and administer a competitive grant program for 
        distributing available funds among national recreation 
        demonstration lakes for purposes described in this Act under 
        which--
                    (A) the total number of lakes improved under the 
                program shall not exceed 25 lakes; and
                    (B) grants are provided in a manner that, to the 
                maximum extent practicable, reflects the geographical 
                diversity of the United States.
    (f) Principles.--In all its actions and recommendations, the 
Council shall consider the following principles:
            (1) Watershed health.--The health of the watersheds 
        associated with project lakes must be protected.
            (2) Neighboring communities.--Neighboring communities 
        should be encouraged to participate in planning the recreation 
        needs and other uses of project lakes to help to diversify the 
        economic base of the community and promote sustainable 
        practices to protect resources.
            (3) Federal responsibilities.--Federal responsibilities to 
        enhance recreation at project lakes while operating projects to 
        optimize water use for all beneficial purposes should be 
        reaffirmed.
            (4) Management flexibility.--Management flexibility should 
        be increased and support for management innovation should be 
        demonstrated.
            (5) Support.--Public and private support should be 
        attracted to provide public outdoor recreation activities at 
        project lakes.
    (g) FACA.--The Council shall be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.).
    (h) Termination of Council.--The Council shall terminate 15 years 
after the date on which funds are first made available to carry out 
this section.

 SEC. 6. PERIODIC REVIEW AND REVISION OF OPERATING POLICIES FOR PROJECT 
              LAKES.

    (a) Reports.--
            (1) Project lake management agencies.--Not later than 1 
        year after the date of enactment of this Act, the head of each 
        project lake management agency shall submit to the Committee on 
        Energy and Natural Resources of the Senate, the Committee on 
        Resources of the House of Representatives, and the Council a 
        report that describes--
                    (A) actions taken by the agency to communicate to 
                personnel of the agency the requirements of this Act 
                and other laws relating to recreation use of project 
                lakes; and
                    (B) actions to be taken by the agency to expand 
                recreation opportunities at project lakes, including a 
                schedule for taking the actions.
            (2) Council.--Not later than 3 years after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Council shall submit to the Committee on Energy and Natural 
        Resources of the Senate, and the Committee on Resources of the 
        House of Representatives a report describing actions taken by 
        participating agencies to expand recreation opportunities at 
        project lakes.
            (3) Participating agencies.--
                    (A) Periodic reports.--The head of each 
                participating agency shall periodically report to the 
                Council regarding activities of the participating 
                agency under this section.
                    (B) Comprehensive review.--Not later than 5 years 
                after the date of enactment of this Act and at least 
                once every 15 years thereafter, the head of each 
                participating agency shall conduct a comprehensive 
                review of operating policies for project lakes managed 
                by the agency that describes--
                            (i) the actions taken by the agency to 
                        communicate to personnel of the agency the 
                        requirements of this Act and other laws 
                        relating to recreation use of project lakes; 
                        and
                            (ii) the actions to be taken by the agency 
                        to expand recreation opportunities at project 
                        lakes, including a schedule for taking the 
                        actions.
    (b) Policies.--
            (1) In general.--The head of each project lake management 
        agency shall--
                    (A) revise the policies of the agency as necessary 
                to incorporate new information and ensure coordinated 
                management of project lakes to produce high levels of 
                benefits for recreation and all authorized purposes and 
                designated uses of project lakes; and
                    (B) where recreation is consistent with the project 
                lake purposes and designated uses of project lands and 
                waters, give recreation appropriate attention in all 
                agency decisions and policies relating to the project 
                lake.
            (2) Tailwaters.--In conducting any activity relating to the 
        tailwater of a project lake, the head of a project lake 
        management agency shall--
                    (A) investigate ways to consider recreational uses 
                dependent on water release schedules and release 
                volumes;
                    (B) consider release schedules to enhance such 
                opportunities and uses of the tailwater; and
                    (C) appropriately balance all of the purposes of 
                the project.

 SEC. 7. RECREATION FEE DEMONSTRATION PROGRAM.

    Section 315 of the Department of the Interior and Related Agencies 
Appropriations Act, 1996 (16 U.S.C. 460l-6a note; Public Law 104-134), 
is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, the Bureau of Reclamation,'' 
                after ``the National Park Service'';
                    (B) by striking ``Service) and'' and inserting 
                ``Service),''; and
                    (C) by inserting before ``shall each'' the 
                following: ``, and the Secretary of the Army (acting 
                through the Corps of Engineers)'';
            (2) in subsection (b), by striking ``four agencies'' and 
        inserting ``6 agencies''; and
            (3) in subsection (e)--
                    (A) by striking ``and'' and inserting a comma; and
                    (B) by inserting ``, and the Secretary of the 
                Army'' before ``shall carry out''.

SEC. 8. USE OF FEDERAL WATER PROJECT FUNDING FOR MATCHING REQUIREMENTS 
              FOR RECREATION PROJECTS AT NATIONAL RECREATION 
              DEMONSTRATION LAKES.

    (a) Federal Water Project Recreation Act.--The Federal Water 
Project Recreation Act is amended--
            (1) in section 2 (16 U.S.C. 460l-13)--
                    (A) in subsection (a), by striking ``it and to 
                bear'' and all that follows through ``recreation,'' and 
                inserting ``the project,''; and
                    (B) in subsection (b)--
                            (i) by striking ``recreation and''; and
                            (ii) by striking ``recreation or'';
            (2) in section 3 (16 U.S.C. 460l-14)--
                    (A) in subsection (b)(1), by striking ``it and will 
                bear'' the first place it appears and all that follows 
                through ``recreation,'' and inserting ``the project,''; 
                and
                    (B) in subsection (c), by striking paragraph (2); 
                and
            (3) in section 4 (16 U.S.C. 460l-15), by striking 
        ``recreation and'' and all that follows through ``those 
        purposes'' and inserting ``fish and wildlife purposes''.
    (b) Federal Aid in Fish Restoration Act.--The Act of August 9, 1950 
(16 U.S.C. 777 et seq.) is amended by striking the first section 13 
(relating to effective date) and the second section 13 (relating to 
State use of contributions) and inserting the following:

``SEC. 13. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL 
              SHARE OF COVERED RECREATION PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered recreation project.--The term `covered 
        recreation project' means construction or reconstruction of a 
        facility for recreation at a national recreation demonstration 
        lake that is carried out with assistance under this Act.
            ``(2) National recreation demonstration lake.--The term 
        `national recreation demonstration lake' has the meaning given 
        the term in section 2 of the National Recreation Lakes Act of 
        2001.
            ``(3) Recreation.--The term `recreation' has the meaning 
        given the term in section 2 of the National Recreation Lakes 
        Act of 2001.
    ``(b) Treatment of Use of Amounts Appropriated for a Federal Water 
Project.--The use for any covered recreation project of amounts 
appropriated for a Federal water project shall be treated as payment of 
the non-Federal share of costs required under this Act.''.
    (c) Federal Aid in Wildlife Restoration Act.--The Act of September 
2, 1937 (16 U.S.C. 669 et seq.) is amended--
            (1) by redesignating section 10 as section 11; and
            (2) by inserting after section 9 the following:

``SEC. 10. APPLICATION OF FEDERAL WATER PROJECT SPENDING TO NON-FEDERAL 
              SHARE OF RECREATION PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered recreation project.--The term `covered 
        recreation project' means construction or reconstruction of a 
        facility for recreation at a national recreation demonstration 
        lake that is carried out with assistance under this Act.
            ``(2) National recreation demonstration lake.--The term 
        `national recreation demonstration lake' has the meaning given 
        the term in section 2 of the National Recreation Lakes Act of 
        2001.
            ``(3) Recreation.--The term `recreation' has the meaning 
        given the term in section 2 of the National Recreation Lakes 
        Act of 2001.
    ``(b) Treatment of Use of Amounts Appropriated for a Federal Water 
Project.--The use for any covered recreation project of amounts 
appropriated for a Federal water project shall be treated as payment of 
the non-Federal share of costs required under this Act.''.

SEC. 9. COST-SHARE ASSISTANCE FOR RECONSTRUCTION OR REPLACEMENT OF 
              RECREATION FACILITY.

    (a) Assistance Authorized.--The head of each project lake 
management agency may provide financial assistance to a State or local 
agency to cover a portion of the total costs incurred for the 
reconstruction or replacement of a recreation facility operated under 
an agreement with the State or local agency at a project lake.
    (b) Costs Included.--The total costs of reconstruction or 
replacement of a recreation facility include the costs associated with 
all components of the reconstruction or replacement project, 
including--
            (1) project administration;
            (2) the provision of technical assistance; and
            (3) contracting and construction costs.
    (c) Limitation.--Assistance provided under subsection (a) shall not 
be used for costs incurred in maintaining or operating the recreation 
facility.

SEC. 10. RELATIONSHIP TO OTHER LAWS.

    This Act does not affect--
            (1) the purposes of any project lake authorized before the 
        date of enactment of this Act;
            (2) the authority of any State to manage fish and wildlife; 
        or
            (3) the authority of any State or the Federal Government to 
        enter into any agreement relating to a project lake.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $10,000,000 for each of fiscal years 2002 through 2006, to 
remain available until expended.
    (b) Administrative Costs.--Not more than 5 percent of the funds 
made available under subsection (a) may be used to pay administrative 
costs incurred by the Secretary of the Interior in coordinating the 
activities of the Council and participating agencies under this Act.
                                 <all>