I 
108TH CONGRESS 
1ST SESSION H. R. 1204
To amend the National Wildlife Refuge System Administration Act of 1966 
to establish requirements for the award of concessions in the National 
Wildlife Refuge System, to provide for maintenance and repair of prop-
erties located in the System by concessionaires authorized to use such 
properties, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2003
Mr. SOUDER introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the National Wildlife Refuge System Administra-
tion Act of 1966 to establish requirements for the award 
of concessions in the National Wildlife Refuge System, 
to provide for maintenance and repair of properties lo-
cated in the System by concessionaires authorized to 
use such properties, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR 
BUILDINGS, FACILITIES, AND PROPERTIES IN 
THE NATIONAL WILDLIFE REFUGE SYSTEM. 
(a) IN GENERAL.—The National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd et 
seq.) is amended by—
(1) striking section 6 (relating to amendments 
to other laws, which have executed); 
(2) redesignating section 5 (16 U.S.C. 668ee) 
as section 6; and 
(3) inserting after section 4 the following: 
‘‘SEC. 5. CONCESSION CONTRACTS. 
‘‘(a) CONTRACT REQUIREMENT.—(1) The Secretary 
shall not award any concession that authorizes a person 
to use any land or water in the System for any activity 
described in subsection (b), except under a contract that 
complies with the requirements established under sub-
section (c). 
‘‘(2) The Secretary may not award a contract re-
quired under this subsection except under a competitive 
bidding process. 
‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) The 
activity referred to in subsection (a) is any activity con-
ducted to provide accommodations, facilities, or services 
to members of the public who are visiting lands or waters 
in the System, for the purpose of providing such visitors
recreational, educational, or interpretive enjoyment of 
lands or waters in the System. 
‘‘(2) Such activity does not include—
‘‘(A) any activity carried out under a procure-
ment contract, grant agreement, or cooperative 
agreement required under chapter 63 of title 31, 
United States Code; 
‘‘(B) the performance of volunteer services; and 
‘‘(C) any activity by a governmental entity. 
‘‘(c) STANDARDIZED CONTRACT.—(1) The Secretary, 
acting through the Director, shall issue regulations that 
establish a standardized contract for purposes of sub-
section (a). 
‘‘(2) Regulations under this subsection shall author-
ize a contract to use a provision other than those specified 
by the regulations only if—
‘‘(A) the provision addresses extenuating cir-
cumstances that are specific to a refuge or the con-
tract; and 
‘‘(B) the provision is approved by the Director 
in writing. 
‘‘(3) Regulations under this subsection shall require 
in each contract provisions that require that any activity 
conducted in the System under the contract—
‘‘(A) must be a compatible use; and
‘‘(B) must be designed to—
‘‘(i) conserve the natural and cultural re-
sources of the System; 
‘‘(ii) facilitate the enjoyment of the lands 
and waters of the System by visitors to the Sys-
tem; and 
‘‘(iii) enhance such visitors’ knowledge of 
the natural resources of the System. 
‘‘(d) MAINTENANCE
AND REPAIR.—(1) Notwith-
standing any other provision of law, the Secretary shall 
include, in each contract that authorizes a person to use 
any land or water in the System for any activity described 
in subsection (b), provisions that—
‘‘(A) authorize the person to maintain or repair 
any improvement on or in such land or water that 
the person is authorized to use for such activity; and 
‘‘(B) treat costs incurred by the person for such 
maintenance or repair as consideration otherwise re-
quired to be paid to the United States for such use. 
‘‘(2) This subsection does not authorize any mainte-
nance or repair that is not directly related to an activity 
described in subsection (b) that is authorized by the con-
tract. 
‘‘(3) The United States shall retain title to all prop-
erty that is maintained or repaired under this subsection.
‘‘(e) NO COMPENSABLE INTEREST.—Nothing in this 
Act shall be considered to convey to any person any right 
to compensation for—
‘‘(1) the value of any maintenance activities, re-
pairs, construction, or improvements on or in land 
or water in the System; or 
‘‘(2) buildings, facilities, fixtures, and non-mov-
able equipment that the person is authorized to use 
under this Act. 
‘‘(f) EXPENDITURE
OF FEES
AND OTHER PAY-
MENTS.—(1) Amounts received by the United States as 
fees or other payments required under any agreement, 
lease, permit, or contract for use of real property located 
in an area in the System shall be available to the Secretary 
for expenditure in accordance with this subsection, without 
further appropriation. 
‘‘(2) Amounts available for expenditure under this 
subsection may only be used— 
‘‘(A) at the refuge or refuge complex with re-
spect to which the amounts were received as fees or 
other payments; 
‘‘(B) to increase the quality of the visitor expe-
rience; and 
‘‘(C) for purposes of—
‘‘(i) backlogged repair and maintenance 
projects (including projects relating to health 
and safety); 
‘‘(ii) interpretation, signage, habitat, or fa-
cility enhancement; 
‘‘(iii) resource protection and preservation; 
or 
‘‘(iv) administration of agreements, leases, 
permits, and contracts from which such 
amounts are derived. 
‘‘(3) Paragraph (1) shall not affect the application 
of the Act of June 15, 1935 (chapter 261; 16 U.S.C. 
715s), commonly referred to as the Refuge Revenue Shar-
ing Act, to amounts referred to in paragraph (1) that are 
not expended by the Secretary under paragraph (1).’’. 
(b) APPLICATION.—Section 5(a) of the National 
Wildlife Refuge System Administration Act of 1966, as 
amended by this section, shall apply only with respect to 
a concession that is—
(1) first awarded after the date of the publica-
tion of regulations under section 5(c) of the National 
Wildlife Refuge System Administration Act of 1966, 
as amended by this section; or 
(2) renewed after the end of the 3-year period 
beginning on the date of the enactment of this Act.
SEC. 2. ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE 
CONCESSIONS. 
(a) REPORTING REQUIREMENT.—The National Wild-
life Refuge System Administration Act of 1966 (16 U.S.C. 
668dd et seq.) is further amended by adding at the end 
the following: 
‘‘SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN 
THE SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall submit by 
December 31 each year, to the Committee on Resources 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, a report 
on concessions activities conducted in the System. 
‘‘(b) CONTENTS.—Each report under this section 
shall describe the following with respect to the period cov-
ered by the report: 
‘‘(1) The number of refuge units in which con-
cessions activities were conducted. 
‘‘(2) The names and descriptions of services of-
fered in the System by each concessionaire. 
‘‘(3) A listing of the different types of legal ar-
rangements under which concessionaires operated in 
the System, including contracts, memoranda of un-
derstanding, permits, letters of agreement, and other 
arrangements.
‘‘(4) Amounts of fees or other payments re-
ceived by the United States with respect to such ac-
tivities from each concessionaire, and the portion of 
such funds expended for purposes under this Act. 
‘‘(5) An accounting of the amount of monies 
deposited into the fund established by section 401 of 
the Act of June 15, 1935 (chapter 261; 16 U.S.C. 
715s), popularly known as the refuge revenue shar-
ing fund, and of the balance remaining in the fund 
at the end of the reporting period. 
‘‘(6) A listing of all concession contracts and 
other arrangements that were terminated or not re-
newed within the reporting period. 
‘‘(7) A summary of all improvements in visitor 
services in the System that were completed by con-
cessionaires and volunteers during the reporting pe-
riod. 
‘‘(8) A summary of all backlogged repair and 
maintenance, facility enhancement, and resource 
preservation projects completed by concessionaires 
and volunteers during the reporting period.’’. 
(b) DEADLINE FOR FIRST REPORT.—The Secretary 
of the Interior shall submit the first report under the
amendment made by subsection (a) by not later than 1 
year after the date of the enactment of this Act.
Æ