IB 
Union Calendar No. 204
108TH CONGRESS 
1ST SESSION H. R. 1204
[Report No. 108–347] 
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 
NOVEMBER 4, 2003
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 11, 2003] 
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 Sys-
tem 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 authorize a person to use any land or water in 
the System for any activity described in subsection (b), ex-
cept under a contract that complies with the requirements 
established under subsection (c). 
‘‘(2) The Secretary may not award a contract required 
under this subsection except under a competitive bidding 
process. 
‘‘(3) This subsection does not apply with respect to any 
administrative site, visitors facility, or revenue producing 
visitor service mandated or authorized pursuant to section
1306 or 1307 of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3196, 3197). 
‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) The ac-
tivity referred to in subsection (a) is any commercial activ-
ity conducted to provide accommodations, facilities, or serv-
ices to members of the public who are visiting lands or wa-
ters 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, memorandum of un-
derstanding, or cooperative agreements; 
‘‘(B) the performance of volunteer services; 
‘‘(C) any activity by a governmental entity; 
‘‘(D) the operation of a bookstore in a refuge fa-
cility by a national wildlife refuge Friends organiza-
tion; and 
‘‘(E) those revenue producing visitor services, as 
that term is used in sections 36.37 and 36.41 of title 
50, Code of Federal Regulations, provided within any 
national wildlife refuge area in Alaska. 
‘‘(c) STANDARDIZED CONTRACT.—(1) The Secretary, 
acting through the Director, shall issue regulations that im-
plement this section.
‘‘(2) Regulations under this subsection shall authorize 
a contract to use a provision other than those specified, by 
the Secretary as part of a standardized contract 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 Secretary 
in writing. 
‘‘(3) The Secretary shall require in each contract pro-
visions that require that any activity conducted in the Sys-
tem 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 in-
clude, 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—
permit, or contract for use of real property located in an 
area in the System, other than lands withdrawn for Native 
selection pusuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) shall be available to the Sec-
retary for expenditure in accordance with this subsection, 
without further appropriation. 
‘‘(2) Amounts available for expenditure under this sub-
section may only be used— 
‘‘(A) at the refuge or refuge complex with respect 
to which the amounts were received as fees or other 
payments; 
‘‘(B) to increase the quality of the visitor experi-
ence; 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; or 
‘‘(iii) 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 Sharing Act,
to amounts referred to in paragraph (1) that are not ex-
pended by the Secretary under paragraph (1).’’. 
(b) APPLICATION.—Section 5(a) of the National Wild-
life 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 be-
ginning on the date of the enactment of this Act. 
(c) DEADLINE FOR REGULATIONS ESTABLISHING PRO-
GRAM REQUIREMENTS.—The Secretary of the Interior shall 
issue regulations under section 5(c) of the National Wildlife 
Refuge System Administration Act of 1966, as amended by 
this section, by not later than 18 months after the date of 
the enactment of this Act. 
(d) COMPREHENSIVE CONSERVATION PLAN REQUIRE-
MENT.—Section 4(e) of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd) is amended 
by adding at the end the following: 
‘‘(5) The Secretary shall include, in the comprehensive 
conservation plan for each refuge under this subsection, a 
description of the activities that may be conducted in the
refuge, and the lands, waters, and facilities of the refuge 
that may be used, under concession contracts awarded 
under section 5(a).’’. 
(e) PRIOR AMENDMENTS NOT AFFECTED.—Nothing in 
this section shall be construed to affect any amendment 
made by section 6 of the National Wildlife Refuge System 
Administration Act of 1966, as in effect before the enact-
ment of this Act, or any provision of law amended by such 
section. 
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 amending section 7 
(relating to amendments to another law, which have exe-
cuted) to read as follows: 
‘‘SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN 
THE SYSTEM. 
‘‘(a) IN GENERAL.—The Secretary shall submit by De-
cember 31 each year, to the Committee on Resources of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate, a report on conces-
sions activities conducted in the System.
‘‘(b) CONTENTS.—Each report under this section shall 
describe the following with respect to the period covered by 
the report: 
‘‘(1) The number of refuge units in which conces-
sions 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 received 
by the United States with respect to such activities 
from each concessionaire, and the portion of such 
funds expended for purposes under this Act. 
‘‘(5) An accounting of the amount of monies de-
posited 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 sharing 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 conces-
sionaires and volunteers during the reporting period. 
‘‘(8) A summary of all backlogged repair and 
maintenance, facility enhancement, and resource pres-
ervation 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 amend-
ment made by subsection (a) by not later than 1 year after 
the date of the enactment of this Act.
Union Calendar No. 204
108TH CONGRESS 
1ST SESSION 
H. R. 1204
[Report No. 108–347] 
A BILL 
To amend the National Wildlife Refuge System Ad-
ministration Act of 1966 to establish require-
ments for the award of concessions in the Na-
tional Wildlife Refuge System, to provide for 
maintenance and repair of properties located in 
the System by concessionaires authorized to use 
such properties, and for other purposes. 
NOVEMBER 4, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed