33 U.S.C. § 2328 — Challenge cost-sharing program for management of recreation facilities

(a) The Secretary may develop and implement a program sharing management costs for recreation facilities and natural resources at water-resource projects under the Secretary’s jurisdiction. (b)(1) The Secretary may enter cooperative agreements with non-Federal public entities and private nonprofits to operate and manage facilities and resources at civil-works projects maintained entirely at Federal expense. (2) Before agreeing, the Secretary must ensure the entity can perform the agreement and pay damages if it fails. (c)(1)(A) The Secretary may allow such an entity to collect fees for developed recreation sites and facilities developed or constructed by the non-Federal entity or the Department of the Army. (B)(i) It may use a visitor-reservation service provided by contract or interagency agreement, subject to the Secretary’s terms. (ii) The Secretary may transfer fees received through that service to the entity for facilities and resources it manages under the agreement. (2)(A) The entity may retain up to 100 percent as the Secretary determines and, despite section 460d–3(b)(4) of title 16, must use retained fees for operation, maintenance, and management of recreation and natural resources at the site where collected. (B) This use remains subject to the Secretary’s direction and oversight and may not affect existing third-party property interests, leases, or agreements. (3) The authority is subject to terms needed to protect United States interests. (d)(1) The Secretary may accept funds, materials, and services from the listed entities and other private entities. (2) Funds must be deposited in the Treasury account “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and remain available until spent for this section. (e)(1) “Non-Federal public entity” means one defined in the Corps of Engineers’ April 4, 2018 memorandum identified in the statute; this section does not reproduce that definition. (2) “Private nonprofit entity” means an organization described in section 501(c) of title 26 and tax-exempt under section 501(a).