Title 33Navigation and Navigable WatersRelease 119-73

§2328a Special use permits

Title 33 › Chapter CHAPTER 36— - WATER RESOURCES DEVELOPMENT › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › § 2328a

Last updated Apr 6, 2026|Official source

Summary

The Secretary may issue special permits for things like group activities, recreation events, off‑road or motorized recreation, and other special recreation uses the Secretary thinks are appropriate. The Secretary can set rules for those permits, charge fees or accept in‑kind services instead of fees, and charge for outdoor gear or services at lakes and reservoirs run by the Corps of Engineers. Any fees stay at the site where they were collected and can be used, without needing extra Congressional funding, only to run the permit program and to pay for related operation and maintenance at that site. The Secretary can make cooperative agreements with State or local governments to jointly manage Corps recreation areas when those areas are at Corps lakes or reservoirs and are next to State or local parks and joint management will work better. The Secretary cannot transfer overall administration of Corps recreation areas to others. The Secretary may exchange goods or services with partners, enter into one or more agreements (including leases or licenses) with non‑Federal partners to share costs, and may use funds to support State, local, tribal, or nonprofit activities that enhance recreation, but any funding must be done under a cooperative agreement with terms the Secretary sets.

Full Legal Text

Title 33, §2328a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)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.
(2)(A)In carrying out this subsection, the Secretary may—
(i)establish and collect fees associated with the issuance of the permits described in paragraph (1); or
(ii)accept in-kind services in lieu of those fees.
(B)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.
(C)Any fees generated pursuant to this subsection shall be—
(i)retained at the site collected; and
(ii)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.
(b)(1)(A)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—
(i)the public recreation area is located—
(I)at a lake or reservoir operated by the Corps of Engineers; and
(II)adjacent to or near a State or local park or recreation area; and
(ii)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.
(B)The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.
(2)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.
(3)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.
(c)(1)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.
(2)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Section is comprised of section 1047 of Pub. L. 113–121. Subsecs. (d) and (e) of section 1047 of Pub. L. 113–121 amended section 569c and 2339 of this title, respectively.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2328a

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73