[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:

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                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''.

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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.

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