[Senate Report 113-309]
[From the U.S. Government Publishing Office]
Calendar No. 652
113th Congress } { Report
SENATE
2d Session } { 113-309
======================================================================
CORPS OF ENGINEERS COOPERATIVE JOINT MANAGEMENT RESTORATION ACT
_______
December 12, 2014.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2055]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2055), to allow for the collection of
certain user fees by non-Federal entities, having considered
the same, reports favorably thereon with amendments, and
recommends that the bill, as amended, do pass.
General Statement and Background
Current law (33 U.S.C. Sec. 2328) enables the Corps of
Engineers to enter into cooperative agreements with non-Federal
public and private entities to provide for operation and
management of recreation facilities and natural resources at
civil works projects. These partnerships help ensure that Corps
recreation facilities are well-maintained and remain open.
These agreements also help ensure that natural resources are
conserved and protected.
For many years, the Corps used its authority in Section
2328 to enter into Cooperative Joint Management agreements and
leases allowing partners to collect and reinvest recreation
user fees. On September 12, 2013, Corps Headquarters released
new guidance disallowing this practice. Based on a legal
review, the Corps determined that this practice exceeds
existing statutory authority by allowing partners to collect
user fees and reinvest the proceeds to maintain and improve
Corps facilities.
S. 2055 restores the practice that existed before the
September 2013 guidance was issued.
Objectives of the Legislation
S. 2055 permits non-federal public or private entities to
charge and keep fees for the operation, maintenance, and
management at the recreation site where they were collected.
Section-by-Section Analysis
Section 1. Short title
Section 1 creates the short title for this act to be:
``Corps of Engineers Cooperative Joint Management Restoration
Act''.
Section 2. Challenge cost-sharing program for management of recreation
facilities
Section 2 amends Section 225 of the Water Resources
Development Act of 1992 (33 U.S.C. 2328) to allow non-federal
public or private entity that have entered into a cooperative
agreement with the Secretary of the Army to charge fees and
retain up to 100% of the fees collected and use them for
operation, maintenance, and management at the recreation site
where they were collected. The section also permits the
Secretary to use visitor reservation services, such as the
National Recreation Reservation Service.
Legislative History
S. 2055 was introduced by Senators Boozman, Blunt,
McCaskill, and Pryor on February 27, 2014. The bill was read
twice and referred to the Senate Committee on Environment and
Public Works. The Committee met on April 3, 2014 to consider
the bill. Senators Boozman and Carper introduced an amendment
to permit the Secretary to use the National Recreation
Reservation Service. S. 2055, as amended, was ordered favorably
reported by voice vote.
Hearings
The Committee did not hold hearings on S. 2055 during the
113th Congress.
Rollcall Votes
There were no roll call votes. The Committee on Environment
and Public Works met and considered S. 2055 on April 3, 2014.
S. 2055, as amended, was reported favorably by a voice vote.
Regulatory Impact Statement
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 2055
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office finds, ``S. 2055 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.''.
Congressional Budget Office Cost Estimate
In compliance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office.
May 15, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2055, the Corps of
Engineers Cooperative Joint Management Restoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2055--Corps of Engineers Cooperative Joint Management Restoration
Act
Summary: S. 2055 would authorize the Corps of Engineers to
enter into cooperative agreements with nonfederal entities to
jointly manage parks and recreational facilities currently
managed by the Corps. Under current law, all fees charged and
collected by the Corps for public access to those sites are
required to be deposited in the Treasury. Under the bill, the
agreements would allow nonfederal entities, instead of the
Corps, to charge fees for the use of those parks and
facilities. Those nonfederal entities would retain the proceeds
for operation and maintenance expenses at those sites.
Based on information from the Corps, CBO estimates that
enacting S. 2055 would increase direct spending (by reducing
offsetting receipts) by $20 million over the 2015-2024 period.
Because the legislation would affect direct spending, pay-as-
you-go procedures apply. Enacting S. 2055 would not affect
revenues.
S. 2055 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2055 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDINGa
Estimated Budget Authority.................................. 1 1 2 2 2 2 2 2 3 3 7 20
Estimated Outlays........................................... 1 1 2 2 2 2 2 2 3 3 7 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
aCBO also expects that discretionary costs could be reduced over this period because fewer parks and facilities would be operated by the Corps.
Basis of estimate: For this estimate, CBO assumes that S.
2055 will be enacted near the end of 2014. Estimates of
receipts collected from the use of parks and facilities under
current law are based on information provided by the Corps of
Engineers.
Prior to September 2013, the Corps had cooperative
agreements with nonfederal entities to manage 34 federal parks
and recreational facilities. Those nonfederal entities charged
fees for public access to those sites totaling about $3 million
annually and retained those proceeds for operation and
maintenance expenses.
Beginning in September 2013, the Corps discontinued the use
of cooperative agreements at all sites because the Corps
determined it did not have explicit statutory authority to
enter into such agreements. Since that time, the Corps has
continued to operate some of those parks and public access
sites and to charge fees for their use; however, it has closed
some of the parks and facilities permanently and anticipates
more closures because of insufficient funding to operate all of
the sites.
Under the bill, many of the parks that have been closed or
will be closed under current law would probably be reopened and
operated by nonfederal entities. In addition, some of the
public access sites that the Corps would continue to operate
itself under current law would probably be operated instead by
nonfederal entities who would enter into the cooperative
agreements authorized under the bill. Those entities would
retain fees charged in connection with those sites they
operate, rather than those fees being collected by the federal
government as under current law. CBO estimates that change
would reduce offsetting receipts (thus increasing net direct
spending) by $20 million over the 2014-2024 period.
The Corps would no longer need appropriated funds to
maintain the parks and facilities that would be operated by
private entities under the bill. Therefore, implementing the
legislation could lead to a reduction in discretionary costs
over this period if future appropriations are reduced because
the Corps would no longer operate some parks and facilities
itself. The Corps spent about $250 million last year for
recreation-related expenses, but the agency does not have
information about the operating costs for individual parks that
would be affected by this legislation, so the amount of the
potential reduction in discretionary costs is unclear.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The changes in direct spending that are subject to
those pay-as-you-go procedures are shown in the following
table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 1 1 2 2 2 2 2 2 3 3 7 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and Private-sector impact: S. 2055
contains no intergovernmental or private-sector mandates as
defined in UMRA.
Estimate prepared by: Federal Costs: Aurora Swanson; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1992
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1992''.
* * * * * * *
SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF
RECREATION FACILITIES.
(a) In General.--The Secretary is authorized to develop and
implement a program to share the cost of managing recreation
facilities and natural resources at water resource development
projects under the Secretary's jurisdiction.
(b) Cooperative Agreements.--To implement the program under
this section, the Secretary is authorized to enter into
cooperative agreements with non-Federal public and private
entities to provide for operation and management of recreation
facilities and natural resources at civil works projects under
the Secretary's jurisdiction where such facilities and
resources are being maintained at complete Federal expense.
(c) User Fees.--
[(1) Collection of fees.--The Secretary]
(1) Collection of fees.--
(A) In general.--The Secretary may allow a
non-Federal public or private entity that has
entered into an agreement pursuant to
subsection (b) 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.--A
public or private 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.
(2) Use of fees.--A non-Federal public or private
entity that collects user fees under paragraph (1)
may--
(A) retain up to 100 percent of the fees
collected, as determined by the Secretary; and
(B) notwithstanding section 210(b)(4) of the
Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), use that amount for operation,
maintenance, and management at the recreation
site at which the fee is collected.
(3) Terms and conditions.--The authority of a non-
Federal public or private 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.
[(c)](d) Contributions.--For purposes of carrying out this
section the Secretary may accept contributions of funds,
materials, and services from non-Federal public and private
entities. Any funds received by the Secretary under this
section shall be deposited into the account in the Treasury of
the United States entitled ``Contributions and Advances, Rivers
and Harbors, Corps of Engineers (8662)'' and shall be available
until expended to carry out the purposes of this section.
* * * * * * *