[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.
____________________