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106th CONGRESS
2d Session
S. 3179
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
October 5 (legislative day, September 22), 2000
Mrs. Lincoln (for herself and Mr. Cleland) 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
2000''.
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 50 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, 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 20 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 area 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 20 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.--Except for the National Park Service,
in accordance with all applicable laws (including regulations)
and agreements, the head of any participating agency except the
National Park Service may investigate the possibilities for the
conduct of, and may conduct, any activity to experiment with
fees, concession agreements, and innovative management
structures at a national recreation demonstration lake.
(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) 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.
(d) 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; and
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