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 properties located in the System by concessionaires authorized to use such properties, and for other purposes.

March 11, 2003

Mr. SOUDER introduced the following bill; which was referred to the Committee on Resources

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 properties located in the System by concessionaires authorized to use such properties, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 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 activity referred to in subsection (a) is any activity 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 enjoyment of lands or waters in the System.

`(2) Such activity does not include--

`(A) any activity carried out under a procurement 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 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 circumstances that are specific to a refuge or the contract; and

`(B) the provision is approved by the Director in writing.

`(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 resources of the System;

`(ii) facilitate the enjoyment of the lands and waters of the System by visitors to the System; and

`(iii) enhance such visitors' knowledge of the natural resources of the System.

`(d) MAINTENANCE AND REPAIR- (1) Notwithstanding 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 required to be paid to the United States for such use.

`(2) This subsection does not authorize any maintenance or repair that is not directly related to an activity described in subsection (b) that is authorized by the contract.

`(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, repairs, construction, or improvements on or in land or water in the System; or

`(2) buildings, facilities, fixtures, and non-movable equipment that the person is authorized to use under this Act.

`(f) EXPENDITURE OF FEES AND OTHER PAYMENTS- (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 respect to which the amounts were received as fees or other payments;

`(B) to increase the quality of the visitor experience; and

`(C) for purposes of--

`(i) backlogged repair and maintenance projects (including projects relating to health and safety);

`(ii) interpretation, signage, habitat, or facility enhancement;

`(iii) resource protection and 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 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 publication 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 STANDARDIZED CONTRACT 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 REQUIREMENT- 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 enactment 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 Wildlife 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 covered by the report:

`(1) The number of refuge units in which concessions activities were conducted.

`(2) The names and descriptions of services offered in the System by each concessionaire.

`(3) A listing of the different types of legal arrangements under which concessionaires operated in the System, including contracts, memoranda of understanding, 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 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 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 renewed within the reporting period.

`(7) A summary of all improvements in visitor services in the System that were completed by concessionaires and volunteers during the reporting period.

`(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.

END