U.S Code last checked for updates: Apr 30, 2026
All TitlesTitle 33Chapter 36Subchapter V
§ 2328.
Challenge cost-sharing program for management of recreation facilities
(a)
In general
(b)
Cooperative agreements
(1)
In general
(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.
(c)
User fees
(1)
Collection of fees
(A)
In general
(B)
Use of visitor reservation services
(i)
In general
(ii)
Transfer
(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 460d–3(b)(4) of title 16, shall use any retained amounts for operation, maintenance, and management activities relating to recreation and natural resources at any recreation site or facility that is located at the civil works project 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
(d)
Contributions
(1)
In general
(2)
Deposit of funds
(e)
Definitions
In this section:
(1)
Non-Federal public entity
(2)
Private nonprofit entity
(Pub. L. 102–580, title II, § 225, Oct. 31, 1992, 106 Stat. 4838; Pub. L. 104–303, title II, § 236(b), Oct. 12, 1996, 110 Stat. 3705; Pub. L. 114–322, title I, § 1155, Dec. 16, 2016, 130 Stat. 1663; Pub. L. 118–272, div. A, title I, § 1153, Jan. 4, 2025, 138 Stat. 3043; Pub. L. 119–74, div. B, title I, § 109, Jan. 23, 2026, 140 Stat. 70.)
cite as: 33 USC 2328
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