108TH CONGRESS
1ST SESSION
H. R. 1204
AN ACT
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.
108TH CONGRESS
1ST SESSION
H. R. 1204
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.
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 authorize 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 require-
ments established under subsection (c).
‘‘(2) The Secretary may not award a contract re-
quired 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 pro-
ducing visitor service mandated or authorized pursuant to
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.
‘‘(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.
‘‘(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
‘‘(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
‘‘(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.
(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:
‘‘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.