[Congressional Record Volume 165, Number 23 (Wednesday, February 6, 2019)]
[Senate]
[Page S1019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 148. Mr. KENNEDY submitted an amendment intended to be proposed to 
amendment SA 111 submitted by Ms. Murkowski (for herself and Mr. 
Manchin) and intended to be proposed to the bill S. 47, to provide for 
the management of the natural resources of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONCESSION CONTRACTS IN THE NATIONAL WILDLIFE 
                   REFUGE SYSTEM.

       (a) Short Title.--Section 4 of the National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd) is 
     amended by striking the section designation and all that 
     follows through ``For the purpose of'' in the first sentence 
     of subsection (a)(1) and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `National Wildlife Refuge 
     System Administration Act of 1966'.

     ``SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM DESIGNATION.

       ``(a) Designation.--
       ``(1) In general.--For the purpose of''.
       (b) Definitions.--The National Wildlife Refuge System 
     Administration Act of 1966 is amended--
       (1) by redesignating section 5 (16 U.S.C. 668ee) as section 
     2; and
       (2) by moving section 2 (as so redesignated) so as to 
     appear after section 1 (as added by subsection (a)).
       (c) Concession Contracts.--The National Wildlife Refuge 
     System Administration Act of 1966 (16 U.S.C. 668dd et seq.) 
     is amended by inserting after section 2 (as redesignated by 
     subsection (b)(1)) the following:

     ``SEC. 3. MAINTENANCE AND REPAIR OF CERTAIN FACILITIES.

       ``(a) Definition of Covered Concession Activity.--
       ``(1) In general.--In this section, the term `covered 
     concession activity' means a commercial activity conducted to 
     provide accommodations, facilities, or services to members of 
     the public who are visiting land or water in the System for 
     the purpose of providing those members of the public 
     recreational, educational, or interpretive enjoyment of the 
     land or water.
       ``(2) Exclusion.--
       ``(A) In general.--The term `covered concession activity' 
     does not include--
       ``(i) any activity carried out under a procurement 
     contract, grant agreement, memorandum of understanding, or 
     cooperative agreement;
       ``(ii) the performance of volunteer services;
       ``(iii) any activity by a governmental entity; or
       ``(iv) except as provided in subparagraph (B), the 
     performance of any guide or outfitter services authorized by 
     any permit or other authorization issued by the Secretary, 
     including services relating to fishing, hunting, boating, 
     sightseeing, hiking, or camping.
       ``(B) Exception.--Clause (iv) of subparagraph (A) does not 
     include the construction, maintenance, or occupancy of any 
     significant structure or facility.
       ``(b) Maintenance and Repair.--
       ``(1) In general.--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 a covered concession activity provisions that--
       ``(A) authorize the person to maintain or repair any 
     improvement on or in the land or water that the person is 
     authorized to use for that activity; and
       ``(B) treat costs incurred by the person for the 
     maintenance or repair described in subparagraph (A) as 
     consideration otherwise required to be paid to the United 
     States for that use.
       ``(2) Direct relation.--Nothing in this subsection 
     authorizes any maintenance or repair that is not directly 
     related to a covered concession activity authorized by a 
     contract described in paragraph (1).
       ``(3) Title.--The United States shall retain title to all 
     property that is maintained or repaired under this 
     subsection.''.
       (d) Conforming Amendment.--Section 12 of Public Law 91-135 
     (83 Stat. 282) is amended by striking subsection (f).
                                 ______