IB
Union Calendar No. 270
107TH CONGRESS
2D SESSION
H. R. 1370
[Report No. 107–455]
To amend the National Wildlife Refuge System Administration Act of 1966
to authorize the Secretary of the Interior to provide for maintenance
and repair of buildings and properties located on lands in the National
Wildlife Refuge System by lessees of such facilities, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2001
Mr. SOUDER introduced the following bill; which was referred to the
Committee on Resources
MAY 14, 2002
Reported with amendments, 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 April 3, 2001]
A BILL
To amend the National Wildlife Refuge System Administra-
tion Act of 1966 to authorize the Secretary of the Inte-
rior to provide for maintenance and repair of buildings
and properties located on lands in the National Wildlife
Refuge System by lessees of such facilities, 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 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 subsection
(c).
‘‘(2) The Secretary may not award a contract required
under this subsection except under a competitive bidding
process.
‘‘(b) COVERED CONCESSION ACTIVITIES.—(1) The ac-
tivity referred to in subsection (a) is any activity conducted
to provide accommodations, facilities, or services to mem-
bers of the public who are visiting lands or waters in the
System, for the purpose of providing such visitors rec-
reational, 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 agree-
ment 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 es-
tablish a standardized contract for purposes of subsection
(a).
‘‘(2) Regulations under this subsection shall authorize
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.
described in subsection (b) that is authorized by the con-
tract.
‘‘(3) The United States shall retain title to all property
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 fur-
ther 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;
‘‘(iii) resource preservation; or
‘‘(iv) 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
STANDARDIZED
CONTRACT
REQUIREMENTS.—The Sec-
retary 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.
(f) ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE
CONCESSIONS.—
(1) REPORTING
REQUIREMENT.—The National
Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.) is further amended by add-
ing at the end the following:
‘‘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.’’.
(2) DEADLINE
FOR
FIRST
REPORT.—The Sec-
retary of the Interior shall submit the first report
under the amendment made by paragraph (1) by not
later than 1 year after the date of the enactment of
this Act.
Amend the title so as to read: ‘‘A bill to amend the
National Wildlife Refuge System Administration Act of
1966 to establish requirements for the award of conces-
sions in the National Wildlife Refuge System, to provide
for maintenance and repair of properties located in the
System by concessionaires authorized to use such prop-
erties, and for other purposes.’’.