[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.
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