I
104TH CONGRESS
1ST SESSION
H. R. 2028
To provide for a uniform concessions policy for the Federal land management
agencies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 1995
Mr. HANSEN (for himself and Mr. DUNCAN) introduced the following bill;
which was referred to the Committee on Resources, and in addition to
the Committees on Agriculture and Transportation and Infrastructure,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide for a uniform concessions policy for the Federal
land management agencies, 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. SHORT TITLE.
This Act may be cited as the ‘‘Federal Land Manage-
ment Agency Concession Reform Act of 1995’’.
SEC. 2. PURPOSE.
The purpose of this Act is to provide a uniform policy
for management of concessions by Federal land manage-
gle operation on lands or waters under the jurisdic-
tion of more than one agency. The agency so des-
ignated shall issue a single authorization under
paragraphs (1) and (2) for such operation.
(b) TERM.—
(1) IN GENERAL.—The term of concession serv-
ice agreements which require substantial capital in-
vestment shall be 10 years, except that the Secretary
concerned may agree to a longer term if the Sec-
retary determines (in his discretion) that such longer
term is in the public interest or necessary due to the
extent of investment required. The term for a con-
cession license may not exceed three years.
(2) TEMPORARY
EXTENSION.—The Secretary
may agree to temporary extensions of concession
service agreements for up to two years on a non-
competitive basis to avoid interruption of services to
the public.
(3) ESSENTIALLY
IDENTICAL
SERVICES
IN
A
SPECIFIC GEOGRAPHIC AREA.—Where the Secretary
concerned offers authorizations for more than one
river runner, outfitter, or guide concession operation
to provide essentially identical services in a defined
geographic area, the duration and expiration of con-
cession authorizations shall be identical.
SEC. 5. RATES AND CHARGES TO THE PUBLIC.
In general, rates and charges to the public shall be
set by the concessioner. For concession service agreements
only, a concessioner’s rates and charges to the public shall
be subject to the approval of the Secretary concerned in
those instances where the Secretary determines that suffi-
cient competition for such facilities and services does not
exist within or in close proximity to the area in which the
concessioner operates. Such determination shall be based
on criteria which shall be specified in the regulations is-
sued pursuant to section 18. In those instances, the con-
cession service agreement shall state that the reasonable-
ness of the concessioner’s rates and charges to the public
shall be reviewed and approved by the Secretary concerned
primarily by comparison with those rates and charges for
facilities and services of comparable character under simi-
lar conditions, with due consideration for length of season,
seasonal variations, average percentage of occupancy, ac-
cessibility, availability and costs of labor and materials,
type of patronage, and other factors deemed significant
by the Secretary concerned.
SEC. 6. SALE OR OTHER TRANSFER OF CONCESSION AU-
THORIZATIONS.
(a) CONCESSION SERVICE AGREEMENTS.—
(1) APPROVAL REQUIRED.—A concession serv-
ice agreement is transferable or assignable only upon
the approval of the Secretary concerned. The Sec-
retary may not approve any such transfer or assign-
ment if the Secretary determines that the prospec-
tive concessioner is or is likely to be unable to com-
pletely satisfy all of the requirements, terms, and
conditions of the contract or that the terms of the
transfer or assignment would preclude providing ap-
propriate facilities or services to the public at rea-
sonable rates.
(2) CONSIDERATION PERIOD.—If the Secretary
fails to approve or disapprove a transfer or assign-
ment under paragraph (1) within 90 days after the
date on which the Secretary receives a request for
such an approval, the transfer or assignment shall
be deemed approved.
(3) NO MODIFICATION OF TERMS AND CONDI-
TIONS.—The terms and conditions of the concessions
service agreement shall not be subject to modifica-
tion at the time of any transfer or assignment under
this section.
(b) CONCESSION LICENSE.—A concession license
may not be transferred.
SEC. 7. COMPETITIVE SELECTION PROCESS FOR CONCES-
SION SERVICE AGREEMENTS.
(a) AWARD TO BEST APPLICATION.—The Secretary
shall enter into, and renew, a concession service agreement
with the person whom the Secretary determines in accord-
ance with this section submits the best application through
a competitive process as defined in this section.
(b) PROSPECTUS AND ANNOUNCEMENT.—The Sec-
retary concerned shall prepare a prospectus which de-
scribes the concession service opportunity and shall pub-
lish, in appropriate locations, announcements of the avail-
ability of the prospectus and the concession service oppor-
tunity. The announcement shall include (but need not be
limited to) the following:
(1) A description of the services and facilities to
be provided.
(2) The level of capital investment required (if
any).
(3) Terms and conditions of the concession
service agreement.
(4) Facilities and services to be provided by the
Secretary to the concessioner.
(5) Minimum public services to be offered by
the Secretary.
(6) The minimum fees to the United States.
(c) FACTORS AND MINIMUM STANDARDS IN DETER-
MINING BEST APPLICATION.—In determining the best ap-
plication, the Secretary concerned shall take into consider-
ation (but shall not be limited to) the following, including
whether the application meets the minimum requirements
(if any) of the Secretary for each of the following:
(1) Responsiveness to the prospectus.
(2) Quality of visitor services based on the na-
ture of equipment and facilities to be provided.
(3) Experience and performance in providing
similar services at reasonable rates.
(4) Record of resource protection (as appro-
priate).
(5) Financial capability of the applicant.
(6) Fees to the United States.
(d) SELECTION PROCESS.—
(1) BASIS.—The process for selecting the best
applicant shall consist of the following:
(A) First, the Secretary concerned shall
identify those applicants who meet the mini-
mum standards (if any) for the factors identi-
fied under subsection (c).
(B) Second, from the applicants selected
under subparagraph (A), the Secretary con-
cerned shall rank the applicants without any
consideration of fees to the United States and
determine the best qualified applicants.
(C) Third, after the best qualified appli-
cants have been identified, the Secretary con-
cerned shall consider fees to the United States.
(2) RENEWAL INCENTIVE.—In evaluating appli-
cations for the reissuance of a concession services
agreement, a concessioner is entitled to a renewal in-
centive of—
(A) 20 percent of the maximum points
available under such evaluations for perform-
ance which exceeds concession service agree-
ment requirements, as specified in section
8(a)(2)(A), over the life of the previous agree-
ment and shall be considered to be one of the
best-qualified applicants; and
(B) 5 percent of the maximum points
available under such evaluations for perform-
ance which fully meets concession service agree-
ments, as specified in section 8(a)(2)(B), over
the life of the previous agreement.
(e) INAPPLICABILITY OF NEPA TO TEMPORARY EX-
TENSIONS
AND SIMILAR RENEWALS
OF CONCESSIONS
AGREEMENTS.—The temporary extension of a concession
authorization, or renewal of a concession authorization
which is similar to a previous authorization, is not subject
to the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.).
(f) PROVISION
FOR ADDITIONAL RELATED SERV-
ICES.—The Secretary concerned may modify the conces-
sion service agreement to allow concessioners to provide
services closely related to such agreement, if the Secretary
concerned determines that such changes would enhance
the safety or enjoyment of visitors and would not unduly
restrict the award of future concession service agreements.
SEC. 8. CONCESSIONER EVALUATIONS.
(a) IN GENERAL.—The Secretary concerned, in con-
sultation with concession industry representatives, shall
develop a program of evaluations of the concessioners op-
erating under a concession service agreement who are pro-
viding visitor services in areas under the jurisdiction of
the Secretary. The evaluations shall be on both an annual
basis as well as cumulative over the duration of the conces-
sion service agreement. The evaluation program shall—
(1) include four program areas of quality of vis-
itor services; resource protection (as applicable); fi-
nancial performance; and compliance with concession
service agreement provisions and pertinent laws and
regulations;
(2) define four levels of performance—
(A) exceeds concession service agreement
requirements;
(B) fully meets concession service agree-
ment requirements;
(C) probationary; and
(D) unsatisfactory; and
(3) be based on criteria which—
(A) are objective, measurable, and attain-
able; and
(B) shall include general standards appli-
cable to all concession operations, industry-spe-
cific standards, and standards developed by the
Secretary concerned and the concessioner for
each concession service agreement.
(b) ANNUAL EVALUATIONS.—
(1) REQUIREMENTS.—The Secretary concerned
shall annually conduct an evaluation of each conces-
sioner and shall assign an overall rating for each
concessioner for each year. The procedure for any
performance evaluation shall be provided in advance
to the concessioner, and the concessioner shall be en-
titled to a complete explanation of any rating given.
If the Secretary’s performance evaluation for any
year results in an unsatisfactory rating of the con-
cessioner, the Secretary concerned shall so notify the
concessioner, in writing, and shall provide the con-
cessioner with a list of the minimum requirements
necessary to receive a rating which fully meets con-
cession service agreement requirements.
(2) SUSPENSION, REVOCATION, AND
TERMI-
NATION
OF
AUTHORIZATION.—The Secretary con-
cerned may suspend, revoke, or terminate a conces-
sion authorization if the concessioner fails to correct
and meet the minimum requirements identified by
the Secretary within the limitations established by
the Secretary at the time notice of the unsatisfactory
rating is provided to the concessioner.
(c) EFFECT
OF UNSATISFACTORY RATING.—Any
concessioner who receives an annual rating of unsatisfac-
tory may not be rated as exceeding concession service
agreement requirements over the life of the concession
service agreement.
SEC. 9. FEES CHARGED BY UNITED STATES FOR CONCES-
SION AUTHORIZATIONS.
(a) IN GENERAL.—The Secretary concerned shall
charge a fee for the privilege of providing concession serv-
ices pursuant to this Act. The fee for any concession serv-
ice agreement may include any of the following:
(1) An annual cash payment for the privilege of
providing concession services.
(2) The amount required for capital improve-
ments required pursuant to section 11(a).
(3) Fees for use of Government facilities.
(4) Expenditures for maintenance of or im-
provements to Government-owned facilities.
(b) ESTABLISHMENT OF AMOUNT.—
(1) MINIMUM
ACCEPTABLE
FEE.—The Sec-
retary concerned shall establish a minimum fee
which is acceptable to the Secretary under this sec-
tion and shall include the minimum fee in the pro-
spectus under section 7. This fee shall be based on
historical data, where available, as well as industry-
specific and other market data available to the Sec-
retary concerned.
(2) FINAL FEE.—Except as provided by para-
graph (3), the final fee shall be the amount bid by
the selected applicant under section 7.
(3) ESSENTIALLY
IDENTICAL
SERVICES
IN
A
SPECIFIC GEOGRAPHIC AREA.—Where the Secretary
concerned simultaneously offers authorizations for
more than one river runner, outfitter, or guide con-
cession operation to provide essentially identical
services in a defined geographic area, the concession
fee for all such concessioners shall be determined by
taking an average of the bids submitted by all se-
lected applicants.
(c) ADJUSTMENT OF FEES.—
(1) IN GENERAL.—The amount of the fee shall
be set at the beginning of the concession authoriza-
tion and may only be modified—
(A) on the basis of inflation, if the annual
payment is not determined by a percentage of
gross revenue (as measured by changes in the
consumer price index), to reflect changed or
unmet conditions identified in the prospectus,
or in the event of an unforeseen disaster; and
(B) by mutual agreement between the Sec-
retary concerned and the concessioner at any
time.
(2) CPI.—For the purposes of adjustments for
inflation under paragraph (1), the Federal agencies
shall select a consumer price index published by the
Bureau of Labor Statistics and shall use such index
in a consistent manner.
(d) CONCESSION LICENSE FEE.—The fee for a con-
cession license shall cover the program administrative
costs and may not be changed over the life of the license.
SEC. 10. DISPOSITION OF FEES.
(a) ESTABLISHMENT OF ACCOUNTS.—The Secretary
concerned, in consultation with the Secretary of the Treas-
ury, shall establish a special account in the Treasury for
each area subject to a concession authorization under this
Act and shall establish an agencywide special account in
the Treasury for each of the land management agencies
identified in section 2. All amounts deposited into such
special accounts shall be available without further appro-
priation until expended for use by the Secretary con-
cerned.
(b) AVAILABILITY OF FUNDS.—Seventy-five percent
of the amounts collected under this Act with respect to
an area shall be deposited in the special account estab-
lished for such area under subsection (a) and shall remain
available for expenditure for visitor services and facilities.
The remaining 25 percent of such amounts shall be placed
in the special account established for the agency concerned
under subsection (a) and shall be available for expenditure
for such services and facilities for use on an agencywide
basis.
(c) INVESTMENT OF ACCOUNTS.—The Secretary of
the Treasury shall invest such portion of amounts in each
account established under this section as is not in the
judgment of the Secretary concerned required to meet cur-
rent withdrawals. Such investments shall be in public debt
securities with maturities suitable to the needs of each
such account, as determined by the Secretary concerned,
and bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturities. The income on invest-
ments from an account shall be credited to and form a
part of the account.
(d) EXEMPTION OF FEES.—Amounts collected under
this section and amounts received from the sale of lands
under section 14 shall not be taken into account for the
purposes of the Act of May 23, 1908, and the Act of
March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913
(16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C.
1012), the Act of August 8, 1937, and the Act of May
24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14,
1926 (43 U.S.C. 869–4), chapter 69 of title 31, United
States Code, section 401 of the Act of June 15, 1935 (16
U.S.C. 715s), the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l–1–4––460l–11), and any other
provision of law relating to revenue allocation.
(e) ACCOUNTABILITY.—The regulations developed
under section 18 shall provide for a uniform program of
administration and expenditure of funds from the special
accounts established under this section. The Comptroller
General of the United States shall conduct periodic audits
to ensure that such funds are accounted for and expended
in accordance with such program.
SEC. 11. CAPITAL IMPROVEMENTS.
(a) PRIVATE SECTOR DEVELOPMENT.—It is the pol-
icy of the United States to encourage the private sector
to develop, own and maintain to the extent possible such
public recreation facilities as the Secretary concerned de-
termines through the planning process would enhance
public use and enjoyment of Federal lands.
(b) DETERMINATION OF REMOVAL OR RETENTION
OF FACILITIES
AT END
OF CONCESSION AUTHORIZA-
TION.—At the end of any concession authorization entered
into under this Act, the concessioner shall either remove
any capital improvements and restore the site, or sell such
improvements to the next concessioner, as determined by
the Secretary concerned. The Secretary shall base such de-
termination on the following factors:
(1) The remaining service life of the improve-
ments.
(2) The costs associated with the removal of
such improvements and restoration of the site and
the subsequent reconstruction (if any) of public
recreation facilities.
(3) The impact on resources from the removal
of such improvements and restoration of the site and
the subsequent reconstruction (if any) of public
recreation facilities.
(4) The historical significance of such improve-
ments.
(5) The impact on the public if such recreation
facilities are no longer available and the existence of
alternative facilities to support public use.
If the Secretary concerned determines that removal of fa-
cilities is the appropriate course of action, the Secretary
shall comply with the National Environmental Policy Act
of 1969 prior to any action to remove such facilities.
(c) APPRAISAL.—
(1) INDEPENDENT APPRAISAL REQUIRED.—If,
pursuant to subsection (b), the Secretary concerned
determines that the public would be best served by
the sale of existing facilities to the subsequent con-
cessioner, the Secretary, in consultation with the
concessioner, shall arrange for an independent ap-
praisal to determine the fair market value of all cap-
ital improvements on the site in which the conces-
sioner has an interest. The appraisal shall be per-
formed by an appraiser with significant experience
in the appraisal of assets similar to those that are
subject to the appraisal.
(2) REQUIREMENTS.—The appraisal required
by paragraph (1) shall be performed not earlier than
18 months before the expiration of the concession
service agreement and shall employ the income ap-
proach to valuation in determining the fair market
value of any such improvement used primarily for
the production of income—
(A) in a manner consistent with the proce-
dures and assumptions then generally employed
for similar income-producing assets by apprais-
ers who are members of the American Institute
of Real Estate Appraisers or the Society of
Real Estate Appraisers; and
(B) assuming a future fee equal to the av-
erage annual fee payable by the concessioner
during the term of the concessioner’s agree-
ment.
(3) LATER ACQUIRED OR CONSTRUCTED PROP-
ERTY.—The value of improvements constructed or
acquired by the concessioner after the date of the
appraisal under paragraph (1) shall be the conces-
sioner’s original cost of such construction or acquisi-
tion.
(4) PROCEDURES IN EVENT OF DISAGREEMENT
WITH
INDEPENDENT
APPRAISAL.—If the parties
have not agreed upon the value of capital improve-
ments under this section, the issues in controversy
shall be resolved in accordance with the provisions of
subchapter IV of chapter 5 of title 5, United States
Code (relating to alternative means of dispute reso-
lution in the administrative process), as in effect be-
fore October 1, 1995.
SEC. 12. DISPUTE RESOLUTION.
(a) BOARD OF CONCESSION APPEALS.—
(1) ESTABLISHMENT.—The President shall es-
tablish an independent administrative review board
to be known as the Board of Concession Appeals.
The Board shall be similar to, and operate in a simi-
lar manner as, the Interior Board of Land Appeals.
(2) JURISDICTION.—The Board shall adjudicate
disputes between the Federal Government and con-
cessioners arising under this Act, including (but not
limited to) disputes regarding the issuance, revoca-
tion, suspension, or termination of a concession au-
thorization, performance and evaluation ratings,
sales of concession service agreements, and rate ap-
proval. The expiration of a concession authorization
shall not be subject to appeal to the Board.
(b) ADMINISTRATIVE REVIEW.—Appeals of decisions
may be taken to the Board after one level of review of
decisions made within an agency.
(c) JUDICIAL REVIEW.—
(1) IN GENERAL.—A person may seek judicial
review of decisions made by the Board.
(2) CONCESSION SERVICE AGREEMENTS.—Judi-
cial review of decisions rendered by the Board re-
garding concession service agreements shall be to the
United States Court of Federal Claims in accord-
ance with section 1491 of title 28, United States
Code (commonly referred to as the ‘‘Tucker Act’’).
(3) CONCESSION LICENSES.—Judicial review of
decisions rendered by the Board regarding conces-
sion licenses shall be to the appropriate Federal Dis-
trict Court.
(d) INAPPLICABILITY
OF CERTAIN PROVISIONS.—
Disputes arising under this Act shall not be subject to the
jurisdiction of the General Accounting Office to review bid
protests under the Competition in Contracting Act of
1984.
SEC. 13. BREACH OF CONTRACT BY THE SECRETARY CON-
CERNED.
If the Secretary concerned breaches a concession au-
thorization, the Secretary shall pay just compensation to
the concessioner.
SEC. 14. RECORDKEEPING.
(a) MAINTENANCE AND ACCESS.—Each concessioner
shall keep such records as the Secretary concerned may
prescribe to enable the Secretary to determine that all
terms of the concession authorization have been and are
being faithfully performed, and the Secretary and his duly
authorized representatives shall, for the purpose of audit
and examination, have access to said records and to other
books, documents, and papers of the concessioner perti-
nent to the concession authorization and all the terms and
conditions thereof.
(b) ACCESS
BY
COMPTROLLER
GENERAL.—The
Comptroller General of the United States or any of his
duly authorized representatives shall, until the expiration
of five calendar years after the close of the business year
of each concessioner have access to and the right to exam-
ine any pertinent books, documents, papers, and records
of the concessioner related to the concession authorization
involved.
SEC. 15. PRIVATIZATION OF FOREST SERVICE AND BLM
LANDS SUBJECT TO CONCESSION LEASES.
(a) AUTHORIZATION TO SELL.—
(1) IN GENERAL.—Not later than the earlier of
five years after the date of the enactment of this Act
or the expiration of a lease of qualifying concession
lands, the Secretary of Agriculture with respect to
National Forest System lands and the Secretary of
the Interior with respect to Bureau of Land Man-
agement lands may sell such lands to the owners of
such facilities. Any such sale shall be at fair market
value and, subject to valid existing rights, shall
transfer all right, title, and interest of the United
States in and to the lands.
(2) QUALIFYING CONCESSION LANDS.—For the
purposes of subsection (a), lands are qualifying con-
cession lands if such lands are—
(A) subject to a lease on the date of the
enactment of this Act for private concession fa-
cilities with a fair market value greater than
$2,000,000; and
(B) located either adjacent to the boundary
of the Federal lands or adjacent to other sig-
nificant private inholdings.
(b) APPRAISAL.—
(1) IN GENERAL.—The appropriate Secretary
shall provide for an independent appraisal of the
lands and interests therein to be transferred pursu-
ant to subsection (a). The appraiser shall—
(A) utilize nationally recognized appraisal
standards, including to the extent appropriate
the uniform appraisal standards for Federal
land acquisition; and
(B) not include the value of any improve-
ment placed on the lands by the concessioner.
(2) APPRAISAL REPORT.—The appraiser shall
submit a detailed report to the Secretary.
(3) PAYMENTS.—The Secretary may accept and
use donated funds to pay, in whole or in part, for
appraisals under this section.
(d) USE OF PROCEEDS BY THE APPROPRIATE SEC-
RETARY.—The appropriate Secretary shall deposit 50 per-
cent of the funds generated through sales under this sec-
tion to the credit of the appropriate agency in the agency-
wide account established under section 10(b). The remain-
ing 50 percent of such amount shall be deposited in the
Treasury as miscellaneous receipts.
SEC. 16. APPLICATION OF GENERAL GOVERNMENTAL AC-
QUISITION REQUIREMENTS.
The following laws and regulations shall not apply to
concession service agreements and concession licenses
under this Act:
(1) Title III of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 251–
266).
(2) The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.).
(3) The Federal Acquisition Streamlining Act
of 1994 (Public Law 103–355).
(4) The Brooks Automatic Data Processing Act
(40 U.S.C. 759).
(5) Chapters 137 and 141 of title 10, United
States Code.
(6) The Federal Acquisition Regulation and any
laws not listed in paragraphs (1) through (5) provid-
ing authority to promulgate regulations in the Fed-
eral Acquisition Regulation.
(7) The Act of June 20, 1936 (20 U.S.C. 107;
commonly referred to as the ‘‘Randolph-Sheppard
Act’’) and the Service Contract Act of 1965 (41
U.S.C. 351 et seq.).
SEC. 17. RULES OF CONSTRUCTION.
Concession programs of an agency on Federal lands
and waters subject to this Act shall be fully consistent with
the agency’s mission and laws applicable to the agency.
Nothing in this Act shall be construed as limiting or re-
stricting any right, title, or interest of the United States
in any land or resources.
SEC. 18. REGULATIONS.
(a) IN GENERAL.—Within one year after the date of
enactment of this Act, the Secretary of the Interior, Sec-
retary of Agriculture, and Secretary of the Army shall de-
velop a single set of regulations to implement this Act.
(b) QUALIFICATIONS OF AGENCY PERSONNEL AS-
SIGNED CONCESSION MANAGEMENT DUTIES.—The Sec-
retary, by regulation under subsection (a) and taking into
account the provisions of this Act, shall specify the mini-
mum qualifications required for agency personnel assigned
predominantly to concession management duties.
SEC. 19. RELATIONSHIP TO OTHER EXISTING LAWS.
(a) REPEALS.—
(1) The Act entitled ‘‘An Act relating to the es-
tablishment of concession policies in the areas ad-
ministered by the National Park Service and for
other purposes’’ (16 U.S.C. 20–20g) is repealed.
(2) The last paragraph under the heading
‘‘FOREST SERVICE’’ in the Act of March 4, 1915 (38
Stat. 1101), as amended by the Act of July 28,
1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), is
repealed.
(3) Section 7 of the Act of April 24, 1950 (16
U.S.C. 580d) is repealed.
(b) SUPERSEDED PROVISIONS.—The provisions of
this Act shall supersede the provisions of—
(1) the Federal Water Project Recreation Act
of 1965 (16 U.S.C. 460l–12–21);
(2) the Federal Land Policy and Management
Act of 1976 (Oct. 21, 1976);
(3) the Recreation and Public Purposes Act (43
U.S.C. 869 et seq.);
(4) section 4 of the Act entitled ‘‘An Act au-
thorizing the construction of certain public works on
rivers and harbors for flood control, and for other
purposes’’ (16 U.S.C. 460d);
(5) sections 103 and 926 of the Water Re-
sources Development Act of 1986 (100 Stat. 4084
and 4197);
(6) Public Law 87–714 (16 U.S.C. 460k et
seq.; commonly known as the ‘‘Refuge Recreation
Act’’); and
(7) the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd).
(c) SAVINGS.—
(1) IN GENERAL.—The repeal of any provision,
and the superseding of any provision, of an Act re-
ferred to in subsection (a) or (b) shall not affect the
validity of any authorizations entered into under
such Act. The provisions of this Act shall apply to
any such authorizations, except to the extent such
provisions are inconsistent with the express terms
and conditions of such authorizations.
(2) RIGHT OF RENEWAL.—The right of renewal
provided for by any concession contract under any
such provision shall be preserved for a single renewal
of a contract following the enactment of, or conces-
sion authorization under, this Act.
(3) VALUE OF POSSESSORY INTEREST.—Noth-
ing in this Act shall be construed to change the
value of existing possessory interest as identified in
concession contracts entered into before the enact-
ment of this Act.
(d) ANILCA.—Nothing in this Act shall be construed
to amend, supersede or otherwise affect any provision of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) relating to revenue-producing visitor
services.
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