IIB
107TH CONGRESS
2D SESSION
H. R. 1370
IN THE SENATE OF THE UNITED STATES
MAY 15 (legislative day, MAY 9), 2002
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
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.
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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-
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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.
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‘‘(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 the 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
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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;
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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 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-
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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
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amendment made by subsecton (a) by not later than 1
year after the date of the enactment of this Act.
Passed the House of Representatives May 14, 2002.
Attest:
JEFF TRANDAHL,
Clerk.