| HR 1013 IH
107th CONGRESS
1st Session
H. R. 1013
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 HOUSE OF REPRESENTATIVES
March 14, 2001
Mr. DEAL of Georgia (for himself,
Mr. UDALL of Colorado, Mr. TANCREDO, and Mr. PETERSON of Pennsylvania)
introduced the following bill; which was referred to the Committee on Resources,
and in addition to the Committees on Transportation and Infrastructure,
and Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
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.
(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;
(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.
(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
activities.
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.
(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- 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.
(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 paragraph (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) TERMINATION- The Council
shall terminate 15 years after the date that funds are first made available
for this section.
(h) FACA- The Council shall
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 6. PERIODIC REVIEW AND
REVISION OF OPERATING POLICIES FOR PROJECT LAKES.
(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.
(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--
(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
(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
(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 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 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 of a recreation facility at a national demonstration
lake include the costs associated with all components of the reconstruction
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.
END
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