[Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)]
[House]
[Pages H11446-H11448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ESTABLISHING REQUIREMENTS FOR AWARD OF CONCESSIONS IN NATIONAL WILDLIFE 
                             REFUGE SYSTEM

  Mr. SOUDER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1204) 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, as amended.
  The Clerk read as follows:

                               H.R. 1204

       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 
     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 requirements established 
     under subsection (c).
       ``(2) The Secretary may not award a contract required 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 producing 
     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 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, 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 organization; and
       ``(E) the performance of any guide or outfitter services 
     authorized by any permit or other authorization issued by the 
     Secretary, including services related to fishing, hunting, 
     boating, sightseeing, hiking, or camping, except that this 
     subparagraph does not include the construction, maintenance, 
     or occupancy 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 authorize 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 circumstances 
     that are specific to a refuge or the contract; and
       ``(B) the provision is approved by the Secretary in 
     writing.
       ``(3) The Secretary 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 real 
     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.

[[Page H11447]]

       ``(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, 
     other than lands withdrawn for Native selection pusuant to 
     the Alaska Native Claims Settlement 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 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; 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 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 Program 
     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 amending section 7 (relating to 
     amendments to another law, which have executed) 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 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Souder) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Indiana (Mr. Souder).


                             General Leave

  Mr. SOUDER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. SOUDER. Mr. Speaker, I yield myself such time as I may consume.
  My bill, H.R. 1204, would reform the concessions process within the 
National Wildlife Refuge System. Under current law, U.S. Fish and 
Wildlife Service structures such as restrooms, boat docks and other 
buildings have fallen into disrepair because the service does not have 
the resources necessary to adequately maintain its facilities.
  Over the past three Congresses, over 5 years, I have worked with the 
Fish and Wildlife Service, wildlife refuge managers, and outside groups 
to write a bill that helps the Fish and Wildlife Service to address 
this problem. H.R. 1204 is historic legislation that establishes a 
consistent facility maintenance policy for facilities that are leased 
by concessionaires in National Wildlife Refuge System areas. This bill 
would allow the Fish and Wildlife Service to credit a concessionaire 
for any fees they pay in the future. This money would be retained at 
the local refuge and used to build, maintain and repair structural 
problems, to restore habitat, and to protect refuge resources. 
Furthermore, in an effort to address the concerns of groups such as 
guides and outfitters that use wildlife refuges but do not maintain 
significant structures, I have added provisions to the bill that exempt 
these groups from the new policy.
  During the 107th Congress, this legislation passed the House by voice 
vote. There is no reason why it should not pass the House again in the 
same way. I want to thank the gentleman from California (Mr. Pombo), 
chairman of the full committee, and the gentleman from Maryland (Mr. 
Gilchrest), chairman of the subcommittee, for again moving this bill 
forward. I also want to personally thank Lou Hinds, who, while he was 
wildlife refuge manager of the Ding Darling National Wildlife Refuge on 
Sanibel Island, I visited with him and his kind encouraging me, helping 
me understand the problems, led to the drafting of this bill. Without 
his advice, we would not be at this historic point where we may finally 
have a concessions policy for the Fish and Wildlife Service.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Mr. Speaker, as stated by the previous speaker, the 
overall purpose of this valuable legislation is to improve visitor 
services within our National Wildlife Refuge System. Annual public 
visitation to the refuge system is expected soon to surpass 40 million 
people. It is critical that we address the growing public use of refuge 
lands by ensuring that our refuges have facilities that are safe, well 
maintained, and inviting to the visiting public. But we should not 
forget that our refuge lands are set aside by statute exclusively for 
the benefit of fish and wildlife.
  I want to compliment the bill's sponsor, the gentleman from Indiana 
(Mr. Souder), and the gentleman from Maryland (Mr. Gilchrest), chairman 
of the Subcommittee on Fisheries Conservation, Wildlife and Oceans, for 
their respectful consultation throughout the process. I commend them 
for a final product that strikes an appropriate balance between public 
use and resource protection.
  The bill before the House will finally provide a comprehensive 
concession policy for our national wildlife refuges

[[Page H11448]]

that will not detract from the ``wildlife first'' mission of the system 
and which will provide new standards and incentives for concessionaires 
to enhance the visitor's experience.
  I would also note that while the legislation grants an exemption from 
these contract requirements to all permitted outfitters and guides 
operating on refuge lands and waters, these operators will still be 
required to secure a Federal permit to access refuge lands. I am 
hopeful that the Fish and Wildlife Service will be able to clarify 
through its rulemaking process precisely what types of operations and 
what kinds of structures will be permissible for guides and outfitters 
to qualify for the exemption.
  Mr. Speaker, I include for the Record a November 17, 2003 letter from 
Mr. Steve Williams, director of the Fish and Wildlife Service. The 
letter addresses the director's concerns regarding some details of the 
exemption for permitted guides and outfitters included in this 
legislation.

                                  U.S. Department of the Interior,


                                    Fish and Wildlife Service,

                                                   Washington, DC.
     Hon. Richard Pombo,
     U.S. House of Representatives,
      Washington, DC.
       Dear Chairman Pombo: The U.S. Fish and Wildlife Service 
     (Service) would like to provide comments on H.R. 1204, which 
     would establish a National Wildlife Refuge System concessions 
     policy. Although the Service supports this legislation as 
     reported by the Committee on September 24, 2003, and 
     testified to that effect at a June 26, 2003, hearing before 
     the Resources Subcommittee on Fisheries Conservation, Oceans 
     and Wildlife, we have serious concerns with the amended 
     legislation that will be brought to the House floor.
       Generally, H.R. 1204 would amend the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd-
     668ee) to authorize the Secretary of Interior to provide for 
     maintenance and repair of buildings and properties located on 
     lands in the Refuge System. We support the goals of this 
     legislation; however, we have strong concerns about the 
     overly broad exemption given to outfitters and guides in the 
     amended version of H.R. 1204 that will be brought to the 
     floor. The new language under Section 5(b)(2)(E) could 
     jeopardize the Service's goal of a consistent policy for 
     management of recreational activities on National Wildlife 
     Refuges.
       The Service supports the goals of H.R. 1204 and looks 
     forward to working with Congress to develop a workable 
     concessions policy for the National Wildlife Refuge System. 
     As the NWRS celebrates its Centennial anniversary this year, 
     the Fish and Wildlife Service is working hard to ensure that 
     visitors find National Wildlife Refugees welcoming, safe, and 
     accessible, with a variety of opportunities to enjoy and 
     appreciate America's fish, wildlife, and plants. Providing 
     quality wildlife-dependent recreational opportunities is part 
     of the Fish and Wildlife Service's vision for the NWRS, and 
     concession operations can provide the visiting public with a 
     means to access and interpret our refuges.
       If you have any questions or concerns, please do not 
     hesitate to contact me.
           Sincerely,
                                                   Steve Williams,
                                                         Director.

  In closing, Mr. Speaker, this is good legislation. I urge its 
adoption on a bipartisan basis by the House.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SOUDER. Mr. Speaker, I yield myself such time as I may consume.
  I share the gentleman from New Jersey's concerns about the permitting 
process with guides and outfitters. I think we have reached a 
compromise that will enable this bill to move forward, but I do trust 
that the Fish and Wildlife Service will do further clarification and 
work with this process.
  Mr. POMBO. Mr. Speaker, this legislation establishes for the first 
time a comprehensive concession policy for our National Wildlife Refuge 
System.
  Unlike our National Park System, There is no standardized refuge 
concession contract, concessionaires are statutorily prohibited from 
repairing the federal facilities they lease and consequently there are 
only a handful of refuges that offer concession services to the 
visiting public. In fact, there are only seven refuges where 
concessionaires have a signed contract with the U.S. Fish and Wildlife 
Service. These concessionaires offer a variety of services including 
canoe rentals, interpretive tours and tour boat operators.
  H.R. 1204 is a long overdue and important measure. It will authorize 
the establishment of a standardized refuge contract for all commercial 
concessionaires, it will allow a concessionaire to use some of their 
franchise fees to maintain or repair leased property and it allows the 
service to keep these franchise fees onsite to be spent on a specific 
list of items designed to improve the quality of the visitors 
experience. The legislation exempts bookstores operated by refuge 
friends groups from the contract requirements.
  In addition, the bill is not intended to include activities by guides 
and outfitters. These operators traditionally bring their clients onto 
refuge units to engage in activities such as fishing and hunting and 
depart when the activity is completed. Guides and outfitters do not 
occupy, operate or maintain within the units significant facilities or 
structures such as marinas, boathouses, dwellings or visitor centers. 
Operators authorized to operate and use such facilities and structures 
are covered by this measure. It is important to note that we do not 
consider minor ``structures'' such as duck blinds, tent platforms, game 
racks, food caches, and hitching rails to be structures or facilities 
for the purpose of this act.
  The fundamental goal of this legislation is to improve the quality of 
the experience for the 38 million people who visit a refuge each year. 
H.R. 1204 will accomplish this goal and it will hopefully serve as a 
incentive for other concessionaires to offer services to refuges 
throughout this country.
  I compliment the gentleman from Indiana, Congressman Mark Souder, for 
introducing this legislation and for his tireless leadership in 
promoting this innovative idea.
  I urge an ``aye'' vote on H.R. 1204.
  Mr. SOUDER. Mr. Speaker, I have no further requests for time, and 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. 1204, 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.
  A motion to reconsider was laid on the table.

                          ____________________