Sec. 1153. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION FACILITIES
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## SEC. 1153 CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION FACILITIES Section 225 of the Water Resources Development Act of 1992 (33 U.S.C. 2328) is amended— ####
(1)in subsection (b)— #####
(A)by striking “ To implement ” and inserting the following: > > #### “(1) In general > > To implement” > . #####
(B)in paragraph
(1)(as so designated), by striking “non-Federal public and private entities” and inserting “non-Federal public entities and private nonprofit entities”; and #####
(C)by adding at the end the following: > > #### “(2) Requirements > > Before entering into an agreement under paragraph (1), the Secretary shall ensure that the non-Federal public entity or private nonprofit entity has the authority and capability— > > > ##### “(A) > > to carry out the terms of the agreement; and > > > ##### “(B) > > to pay damages, if necessary, in the event of a failure to perform.” > ; ####
(2)by striking subsection
(c)and inserting the following: > > ### “(c) User Fees > > > #### “(1) Collection of fees > > > ##### “(A) In general > > The Secretary may allow a non-Federal public entity or private nonprofit 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 the non-Federal public entity or private nonprofit entity or the Department of the Army. > > > ##### “(B) Use of visitor reservation services > > > ###### “(i) In general > > A non-Federal public entity or a private nonprofit 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. > > > ###### “(ii) Transfer > > The Secretary may transfer, or cause to be transferred by another Federal agency, to a non-Federal public entity or a private nonprofit entity described in subparagraph
(A)user fees received by the Secretary or other Federal agency under a visitor reservation service described in clause
(i)for recreation facilities and natural resources managed by the non-Federal public entity or private nonprofit entity pursuant to a cooperative agreement entered into under subsection (b). > > > #### “(2) Use of fees > > > ##### “(A) In general > > A non-Federal public entity or private nonprofit entity that collects a user fee under paragraph (1)— > > > ###### “(i) > > may retain up to 100 percent of the fees collected, as determined by the Secretary; and > > > ###### “(ii) > > notwithstanding section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), shall use any retained amounts for operation, maintenance, and management activities relating to recreation and natural resources at recreation site at which the fee is collected. > > > ##### “(B) Requirements > > The use by a non-Federal public entity or private nonprofit entity of user fees collected under paragraph (1)— > > > ###### “(i) > > shall remain subject to the direction and oversight of the Secretary; and > > > ###### “(ii) > > shall not affect any existing third-party property interest, lease, or agreement with the Secretary. > > > #### “(3) Terms and conditions > > The authority of a non-Federal public entity or private nonprofit entity under this subsection shall be subject to such terms and conditions as the Secretary determines to be necessary to protect the interests of the United States.” > ; and ####
(3)in subsection (d)— #####
(A)by striking “ For purposes ” and inserting the following: > > #### “(1) In general > > For purposes” > ; and #####
(B)by striking “ non-Federal public and private entities. Any funds received by the Secretary under this section ” and inserting the following: > “non-Federal public entities, private nonprofit entities, and other private entities. > > > #### “(2) Deposit of funds > > Any funds received by the Secretary under this subsection” > ; and ####
(4)by adding at the end the following: > > ### “(e) Definitions > > In this section: > > > #### “(1) Non-federal public entity > > The term ‘non-Federal public entity’ means a non-Federal public entity as defined in the memorandum issued by the Corp of Engineers on April 4, 2018, and titled ‘Implementation Guidance for Section 1155, Management of Recreation Facilities, of the Water Resources Development Act
(WRDA)of 2016, Public Law 114-322’. > > > #### “(2) Private nonprofit entity > > The term ‘private nonprofit entity’ means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.” > .
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Sec. 1153
CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION FACILITIES
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