[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[House]
[Pages H2394-H2396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL WILDLIFE REFUGE SYSTEM MAINTENANCE AND REPAIR ACT

  Mr. SOUDER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1370) 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 purposes, as amended.
  The Clerk read as follows:

                               H.R. 1370

       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

[[Page H2395]]

     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 the 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.
       (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 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.''.
       (2) Deadline for first report.--The Secretary 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Souder) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Indiana (Mr. Souder).
  Mr. Souder. Mr. Speaker, I yield myself such time as I may consume.
  President Theodore Roosevelt fostered a conservation legacy when in 
1903 he established the first national wildlife refuge, the Pelican 
Island National Wildlife Refuge. It was the first time the Federal 
Government set aside land just for the sake of wildlife. It has now 
become the National Wildlife Refuge System and includes more than 530 
refuges and thousands of waterfowl production areas.
  Americans have a passion for their land, and national wildlife 
refuges embody this unique American tradition of public land protection 
and stewardship. By visiting and supporting national wildlife refuges, 
Americans will experience those feelings that God provides us, peace, 
solitude, comfort, safety and a sense of something greater than 
ourselves.
  National wildlife refuges protect America's last wild places. They 
are the only Federal public lands where protecting fish and wildlife 
habitat is the first priority.
  National wildlife refuges are America's outdoor classroom. Several 
million students and adults learn each year about the natural world on 
national wildlife refuges.
  National wildlife refuges are the cornerstone of many local 
economies. Many refuges are tourist destinations, and that means 
dollars spent in surrounding communities. It is estimated that visitors 
to refuges spend over $400 million annually in local economies.
  National wildlife refuges help maintain our heritage by providing 
places for present and future generations to hunt, fish and connect 
with the outdoors.
  America's commitment to the National Wildlife Refuge System makes it 
the world's leader in wildlife conservation. Next year's Centennial of 
the National Wildlife Refuge System will celebrate America's tradition 
of wildlife conservation.
  As the author of this bill before us, I am pleased that the House is 
now poised to establish a new concession policy for our National 
Wildlife Refuge System. It was during one of our family visits to 
Sanibel Island to the Ding Darling National Wildlife Refuge that I 
first learned and discovered that the facilities and equipment used by 
concessionaires were generally not in as good a condition as they 
should be, and in some cases in dire shape. Refuge manager Lou Hinds 
spent many hours with me there and since explaining in detail the 
problems that we have been facing in our national wildlife refuges.
  Under current law, the Fish and Wildlife Service is prohibited from 
using funds paid by a concessionaire to maintain or repair refuge 
structures.

[[Page H2396]]

Furthermore, with a maintenance backlog of over $630 million, property 
used for a concession operation will never become a priority.
  During committee consideration, we learned there are about 20 
wildlife refuges that offer various concession services to the visiting 
public. These services range from canoe rentals, bookstores, nature 
guides and ferries to remote refuge areas. In almost every case 
concessionaires are using property owned by the Fish and Wildlife 
Service that is in poor condition.
  In addition, refuge managers have signed a number of creative legal 
arrangements with concessionaires. These have included contracts, 
special use permits, leases and cooperative agreements. In some cases, 
these agreements stipulate the obligations of each party, but 
regrettably these details are lacking in a majority of those 
arrangements. This means that decisions can be arbitrary by the refuge 
manager at times or, in fact, concessionaires could damage essential 
habitat.
  This legislation will solve those problems by establishing for the 
first time a workable, consistent and defensible refuge concession 
policy. Under H.R. 1370, the Fish and Wildlife Service will be allowed 
to credit a concessionaire for any fees they pay in the future. This 
money will be retained at the local refuge and it can be used to build, 
maintain and repair structural problems, to restore habitat and to 
protect refuge resources. The Service will determine if a certain 
repair is necessary, and they will obtain estimates for any proposed 
work.
  In addition, the bill requires the Director of the Fish and Wildlife 
Service to establish a standardized concession contract within 18 
months of the enactment of this bill. This contract will be used by all 
new and existing concessionaires in the future.
  This provision provides consistency throughout the refuge system, 
stipulates that contracts are issued under a competitive bidding 
process and clarifies the financial obligations that an entrepreneur 
must agree to before undertaking a concession.
  Finally, the bill requires an annual report on the number of refuge 
units with concessions, a description of services offered, an 
accounting of fees paid by the concessionaires and a summary of all 
improvements made in both visitor services and structures within the 
refuge system. This is similar to the concessions policy Congress 
developed and passed and is now law regarding our National Park System. 
It is way past time that we do the same for our Fish and Wildlife 
System.
  I believe this legislation will encourage improvements within our 
refuge system. It will foster the growth of additional concession 
services, and it will enhance the public's ability to appreciate the 
natural wonders of our National Wildlife Refuge System.
  I want to thank all of my colleagues, especially the subcommittee 
chairman, the gentleman from Maryland (Mr. Gilchrest), for their hard 
work on this important legislation, and I urge an aye vote on H.R. 
1370.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, the bill that is before the House 
today is considerably different than the legislation introduced last 
year. It reflects the hard work of my colleague the gentleman from 
Indiana (Mr. Souder) and the careful consideration of the Committee on 
Resources, and as presently amended, H.R. 1370 has the potential to 
enhance the visiting public's experience at our national wildlife 
refuges. I urge my colleagues to support this legislation.
  The National Wildlife Refuge System is presently saddled with a 
significant $1.3 billion operations and maintenance budget backlog. 
Concessionaires which operate in the refuges and offer a wide variety 
of services, such as we have heard, are uniquely affected by this 
backlog.
  Presently, most concessionaires pay annual franchise fees to the 
National Wildlife Refuge Fund. The U.S. Fish and Wildlife Service, 
which runs the refuge system and owns the land and facilities, is 
responsible for maintaining all facilities. However, the Service gives 
low priority to concessionaire facilities when faced with other 
competing budget demands within the system. This inferior status leaves 
concessionaire facilities lacking and discourages concessionaires from 
using the refuges and providing services to visitors.
  This legislation would allow the concessionaires to make necessary 
maintenance repairs or visitor facility improvements in lieu of cash 
payments for concession fees and would address simultaneously the 
budget backlog and improve the quality of visitor facilities.
  The scope of this new permissive authority has been limited to 
maintenance backlog projects and other types of small scale improvement 
projects that increase the visitor's experience. Also, repairs or 
improvements would be required to be made at the refuge or refuge 
complex where the concession operates. I note that this legislation 
would not authorize the construction of any new facilities.
  H.R. 1370 has been further amended to address the presently haphazard 
administrative process by which the Service permits concessionaires to 
operate within the refuge system. This legislation would require the 
Service to develop a new standardized concession contract for all 
national wildlife refuge concession activities. All concession 
operations would be required to be enrolled under these new contracts 
within 3 years.
  The Service also will be required to award all contracts through 
competitive bidding, although the bill would exempt small scale retail 
operations run by nonprofit volunteer organizations, and to ensure 
accountability the Service will be required to forward to Congress an 
annual oversight report on all concession contract activities.
  Perhaps most important, the bill has been amended to specify that all 
title interests to property and facilities and any interest in repairs 
or improvements made by concessionaires will remain with the Federal 
Government. Furthermore, H.R. 1370 states explicitly that 
concessionaires do not acquire any compensable interest in the property 
and facilities they operate or in any repair or improvement they might 
make.
  In closing, H.R. 1370 will provide additional financial flexibility 
to address the chronic maintenance backlog hindering visitor services 
at numerous refuges. This legislation will bring much needed coherence 
to the administration of concession contracts, enhance the public's 
enjoyment and appreciation of our National Wildlife Refuge System and 
prevent the future establishment of concession activities that are 
incompatible with the refuge system's wildlife first mission.
  I want to once again commend our colleague the gentleman from Indiana 
(Mr. Souder) on this legislation. I urge Members to support it and to 
improve our national wildlife refuges.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. SOUDER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Indiana (Mr. Souder) that the House suspend the rules 
and pass the bill, H.R. 1370, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

                          ____________________