33 U.S.C. § 2328a — Special use permits
submitted 12 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 553 words · no verdicts yet
The Secretary may issue special recreation-use permits, charge related fees, and accept services instead of fees. The Secretary may cooperate with State and local governments in managing nearby recreation areas and may fund public-interest recreation activities through agreements.
(a)(1) The Secretary may issue special permits for group activities, recreation events, motorized recreation vehicles, and other appropriate specialized recreation uses, on terms in the Federal Government’s best interest. (2)(A) The Secretary may charge permit fees or accept services in kind instead. (B) The Secretary may charge for outdoor recreation equipment and services for those activities at Corps-operated lakes and reservoirs. (C) Fees stay at the collection site and, without further appropriation, may be used only to administer the permits and related operation and maintenance there. (b)(1)(A) Subject to (B), the Secretary may agree with a State or local government to jointly manage a public recreation area if it is at a Corps-operated lake or reservoir, adjacent or near a State or local park or recreation area, and joint management would be more effective and efficient. (B) The Secretary may not transfer administration responsibility for a Corps-operated public recreation area. (2) The Secretary may exchange goods and services with that government for joint management. (3) The Secretary may make cooperative agreements or other arrangements, including leases or licenses, with non-Federal interests to share operation, maintenance, and management costs in jointly managed and funded areas. (c)(1) If in the public interest to enhance recreation at Corps projects, the Secretary may use available funds to support State, local, and tribal governments and appropriate public or private nonprofits. (2) The funding must be provided through a cooperative agreement with necessary public-interest terms.
The Secretary may issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and such other specialized recreation uses as the Secretary determines to be appropriate, subject to such terms and conditions as the Secretary determines to be in the best interest of the Federal Government.
In carrying out this subsection, the Secretary may—
establish and collect fees associated with the issuance of the permits described in paragraph (1); or
accept in-kind services in lieu of those fees.
The Secretary may establish and collect fees for the provision of outdoor recreation equipment and services for activities described in paragraph (1) at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers.
Any fees generated pursuant to this subsection shall be—
retained at the site collected; and
available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected.
Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if—
the public recreation area is located—
at a lake or reservoir operated by the Corps of Engineers; and
adjacent to or near a State or local park or recreation area; and
the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas.
The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.
The Secretary may acquire from or provide to a State or local government with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative management of the areas covered by the agreement.
The Secretary may enter into 1 or more cooperative management agreements or such other arrangements as the Secretary determines to be appropriate, including leases or licenses, with non-Federal interests to share the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection.
If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may use funds made available to the Secretary to support activities carried out by State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate.
Any use of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement, which shall contain such terms and conditions as the Secretary determines to be necessary in the public interest.
Source credit: (Pub. L. 113–121, title I, § 1047, June 10, 2014, 128 Stat. 1255.)
- 2014Enacted · Pub. L. 113-121 · 128 Stat. 1255
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 2014-06-10.
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