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section 1306 or 1307 of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3196, 3197). 
‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) The 
activity referred to in subsection (a) is any commercial ac-
tivity conducted 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 enjoy-
ment 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 
understanding, 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 
facility by a national wildlife refuge Friends organi-
zation; and 
‘‘(E) the performance of any guide or outfitter 
services authorized by any permit or other author-
ization issued by the Secretary, including services re-
lated to fishing, hunting, boating, sightseeing, hik-
ing, or camping, except that this subparagraph does 
not include the construction, maintenance, or occu-
pancy of significant structures or facilities.
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‘‘(c) STANDARDIZED CONTRACT.—(1) The Secretary, 
acting through the Director, shall issue regulations that 
implement this section. 
‘‘(2) Regulations under this subsection shall author-
ize 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.
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‘‘(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 real 
property that is maintained or repaired under this sub-
section. 
‘‘(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
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‘‘(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, other than lands withdrawn for 
Native selection pusuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.) 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; or
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‘‘(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 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. 
(c) DEADLINE
FOR REGULATIONS ESTABLISHING 
PROGRAM REQUIREMENTS.—The Secretary of the Inte-
rior shall issue regulations under section 5(c) of the Na-
tional 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.
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(d) COMPREHENSIVE
CONSERVATION
PLAN
RE-
QUIREMENT.—Section 4(e) of the National Wildlife Ref-
uge 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 comprehen-
sive conservation plan for each refuge under this sub-
section, a description of the activities that may be con-
ducted 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:
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‘‘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.
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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.
Passed the House of Representatives November 18, 
2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.