[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.
____________________