[House Report 107-455]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-455

======================================================================



 
     LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES, AND 
           PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM

                                _______
                                

  May 14, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1370]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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.

  Amend the title 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.

                          Purpose of the Bill

    The purpose of H.R. 1370 as ordered reported is 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 property, and for other purposes.

                  Background and Need for Legislation

    The National Wildlife Refuge System is comprised of federal 
lands that have been acquired for the conservation and 
enhancement of fish and wildlife. The System is administered by 
the U.S. Fish and Wildlife Service, an agency within the 
Department of Interior. The Service manages the System in 
accordance with the National Wildlife Refuge System 
Administration Act of 1966. That Act was amended and updated by 
the National Wildlife Refuge Improvement Act of 1997 (Public 
Law 105-57).
    The statutory mission of the System is ``to administer a 
national network of lands and waters for the conservation, 
management, and where appropriate, restoration of the fish, 
wildlife, and plant resources and their habitats within the 
United States for the benefit of present and future generations 
of Americans''. Recreational and other uses of System lands are 
permitted if those uses are compatible with the mission of the 
System and the purposes for which the particular national 
wildlife refuge was established. Thirty-nine million people 
visited refuges last year, up from an estimated 27 million less 
than decade ago.
    The System, totaling about 94 million acres and 538 refuges 
and 37 wetland management districts, provides habitat for 
hundreds of fish and wildlife species, including more than 258 
species listed under the Endangered Species Act. The first 
wildlife refuge was established by President Theodore Roosevelt 
at Pelican Island, Florida in 1903. The vast majority of the 
System, 81 million acres, was reserved from the public domain. 
Roughly 4 million acres have been purchased. The primary 
sources of funding for refuge land acquisition are: (1) annual 
appropriations from the Land and Water Conservation Fund; and 
(2) the Migratory Bird Conservation Fund, which is funded from 
the purchase of annual duck stamps, import duties on arms and 
ammunition, and refuge entrance fees.
    Unfortunately, the System is suffering from its popularity. 
For Fiscal Year 2002, the deferred maintenance backlog for the 
System includes 5086 projects. Completion of these projects is 
estimated to cost $663 million. Collectively, the replacement 
value of System property is nearly $7 billion. In the current 
fiscal year, the Service will spend roughly 1 percent of the 
value of refuge assets on maintenance. If spending continues at 
this rate, the deferred maintenance backlog will continue to 
grow. This is the primary reason why the U.S. Fish and Wildlife 
Service has not maintained various buildings and properties 
within the refuge system that are leased or utilized by private 
concessionaires.
    For nearly 70 years, the Secretary of the Interior has been 
statutorily authorized by Section 401 of the Act of June 15, 
1935, to grant privileges or concessions on units of the refuge 
system. Concessions are defined as businesses operated by a 
private enterprise that provides recreational, educational and 
interpretive enjoyment for the visiting public. A concession 
offers a public service and it generally requires some capital 
investment by the concessionaire for facilities and products. 
In 1966, the Secretary was authorized by the National Wildlife 
Refuge System Administration Act to negotiate and enter into 
contracts with any person, public agency or private enterprise 
for public accommodations that are not inconsistent with the 
purposes for which the particular refuge was established.
    Furthermore, the U.S. Fish and Wildlife Service retains 
title to all property utilized by concessionaires. By statute, 
the Service may only accept money for the rental and/or use of 
Service property and facilities. The Service alone is 
responsible for the maintenance and upkeep of all federal 
buildings and facilities found within the boundaries of the 
refuge system. Since the Service is facing a staggering 
maintenance backlog in excess of $660 million, it is not 
surprising to find that facilities used by concessionaires are 
given extremely low priority.
    After completing a survey of the National Wildlife Refuge 
System, it appears that there are about 20 refuge units that 
have various concession services. These concessionaires have 
agreed to a number of arrangements including: five year 
contracts with a minimum payment of a 5 percent franchise fee, 
letters of agreement, memoranda of understandings, special use 
permits and leases. The services offered range from boat and 
canoe rentals, bookstores, campgrounds, ferries, gift shops, 
interpretive tours, sleigh rides and tour boat operators.
    Based on the survey of refuge managers at the affected 
concession units, it is clear that a number of buildings, 
docks, restrooms and storage facilities are in extremely poor 
condition. For instance, during this survey it was learned that 
the Ding Darling Refuge in Sanibel, Florida, has a two-story 
house that is used for office space, rental facilities and a 
gift shop. Four years ago, money was spent to restore the 
structure but the roof of the house still needs to be replaced. 
While the building is in fair to good condition, there is only 
one set of restrooms for the 175,000 visitors that travel to 
Ding Darling each year. These restrooms are not handicapped 
accessible. The concessionaire has been unable to repair these 
facilities because of the current statutory restrictions. This 
is a problem that faces the entire refuge system. It is 
regrettable that these refuge facilities have not been properly 
maintained.
    Federal law (40 U.S.C. 303 (b)) is currently an impediment 
to the efficient maintenance of a concession facility. The 
Service has been unable to return refuge incurred expenses for 
the administration, capital improvement and maintenance 
expenses involved with providing concession opportunities as is 
allowed in subsection (b) of 16 U.S.C. 715s. The operation of 
concessions on refuge land has been viewed as a low priority 
issue. Refuge managers have no incentives or desire to enter 
into concession contracts. It is too costly to run a quality 
concession program.
    As the size of the refuge system has increased, there has 
been a decrease in the amount of funding available to provide 
quality recreational opportunities, staff to provide 
interpretation and environmental education and to modernize 
facilities. One option for providing wildlife dependent 
recreational opportunities such as hunting, fishing, wildlife 
observation, wildlife photography, interpretation and 
environmental education, which are priority uses of the 
National Wildlife Refuge System, is to allow private businesses 
or concessionaires to provide those services.
    The fundamental goal of H.R. 1370 is to authorize the 
Secretary of the Interior to include in any future contract 
with a concessionaire the following stipulations: the lessee 
may maintain or repair any structure within the refuge unit and 
the costs incurred in such maintenance and repair are to be 
treated by the Service as compensation for using those 
facilities. Furthermore, the measure limits private 
expenditures within the refuge system to a specific lists of 
authorized items including backlogged repair and maintenance 
projects, interpretation, signage, habitat, facility 
enhancement, and resource protection. The Fish and Wildlife 
Service will retain the right to determine whether a specific 
repair is warranted and they will obtain estimates for any 
repair or maintenance work.
    This new refuge concession policy will allow the Fish and 
Wildlife Service to enter into negotiations with 
concessionaires for the purpose of allowing them to repair or 
maintain property which they lease for the benefit of the 
American people. This will enhance their viewing experience, 
give the public a greater sense of ownership in the system and 
allow the Service to spend it limited resources on other high 
priority maintenance projects.

                            Committee Action

    H.R. 1370 was introduced on April 3, 2001, by Congressman 
Mark E. Souder (R-IN). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On September 20, 
2001, the Subcommittee held a hearing on the bill. On December 
6, 2001, the Subcommittee met to mark up the bill. Congressman 
Wayne Gilchrest (R-MD) offered an amendment that made a number 
of clarifying changes to ensure that a concessionaire may 
obtain credit for repair work and that the resources of an 
affected refuge are enhanced. The amendment was adopted by 
voice vote. Congressman Robert A. Underwood (D-GU) offered an 
amendment to require an annual report of the number, location, 
services and contractual arrangements involving concessionaires 
within the refuge system. This amendment was adopted by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the Full Committee by voice vote. On April 24, 2002, the 
Full Resources Committee met to consider the bill. Mr. Souder 
offered an amendment in the nature of a substitute that 
requires the development of standard concession contract 
language for the National Wildlife Refuge System; mandates that 
all existing and new refuge concessionaires utilize that 
contract language in the future; stipulates that the 
Comprehensive Conservation Plan of each refuge address 
activities and facilities used by a concessionaire and ensure 
that concession maintenance funds are spent on projects that 
are directly related to visitors services. It was adopted by 
voice vote. The bill as amended was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Leases, permits and contracts for buildings, facilities and 
        properties in the National Wildlife Refuge System

    This section provides that all amendments are to the 
National Wildlife Refuge System Administration Act of 1966.
    Subsection (a) creates a new Section 5, Concession 
Contracts, within the National Wildlife Refuge System 
Administration Act of 1966. The new Section 5 would specify the 
following new policies:
    Section 5(a). Contract Requirement. The Secretary of the 
Interior shall not award any concession unless the agreement 
utilizes the standard concession contract and requires all 
concession contracts to be awarded under a competitive bidding 
process.
    Section 5(b). Covered Concession Activities. This 
subsection defines a concession activity as one that provides 
modestly scaled accommodations, facilities or services to 
members of the public visiting the refuge system to enhance the 
recreational, educational or interpretive enjoyment of the 
lands and waters of the system.
    The Committee anticipates that future concessions will be 
similar to those currently offered. Such activities would 
include: canoe or boat rentals; horse liveries; small bait, 
outdoor equipment, sandwich or soft drink shops; kiosks selling 
books, coffee cups or sweatshirts or other sundries at a 
visitors center; ferries to inaccessible refuge areas; and 
guided nature and back country tours. The Committee does not 
envision the construction of large structures that would be 
considered attractions by themselves, or which would detract 
from the wildlife-first mission of the refuge system, like 
convention centers, lodges, stadiums or amusement parks 
operated by concessionaires within any refuge. The refuge 
system has a conservation mandate that is unique among the 
federal land management systems. Concession activities that 
occur in the National Park System, on Bureau of Land Management 
lands, or in the National Forest System are not necessarily 
appropriate for refuges. Compatible wildlife dependent 
recreation and where appropriate concession activities are 
allowed in the refuge system, but are not the System's mission.
    Section 5(c). Standardized Contract. The Director of the 
U.S. Fish and Wildlife Service must issue regulations 
establishing a standard concession contract. The subsection 
stipulates that any additional provisions to that standard 
contract agreed to by the affected refuge manager must be 
because of extenuating circumstances. All additional provisions 
must be approved in writing by the Director of the U.S. Fish 
and Wildlife Service. This subsection also requires that any 
concession activity must be a compatible use with the mission 
of the refuge system and the purpose(s) of the specific refuge 
unit and designed to conserve natural and cultural resources, 
facilitate the enjoyment of the visiting public and enhance the 
visiting public's knowledge of the natural resources of the 
system.
    Section 5(d). Maintenance and Repair. This subsection would 
allow a concessionaire with the concurrence of the Fish and 
Wildlife Service to maintain or repair any structure within the 
refuge unit and to treat those costs as consideration for the 
fees they pay to the Service for using concession buildings, 
facilities, fixtures and non-movable equipment. The subsection 
stipulates that the federal government retains title to all 
property maintained or repaired by concessionaires.
    Section 5(e). No Compensable Interest. This subsection 
clarifies that nothing in H.R. 1370 will convey to any person 
the right to compensation for costs of construction, or for 
interests in buildings, facilities, and fixed and non-movable 
equipment that is used by a concessionaire under a concession 
contract.
    Section 5(f). Expenditure of Fees and other Payments. This 
subsection clarifies that fees paid by a concessionaire are 
retained at the local refuge unit may only be used for the 
following activities: backlogged repairs and maintenance 
projects; interpretation, signage, habitat or facility 
enhancement; resource preservation; and administrative costs.
    The Committee recognizes that the processing of new 
concession contracts will create some additional administrative 
expenses, and believes that the Service should be able to 
recover the costs of processing a concession contract. The 
Committee does not expect such costs to ever exceed five 
percent of the value of the contract fee. In addition, it is 
not the intent of this language to provide authority to allow 
the Fish and Wildlife Service to hire concession contract 
officers or to establish a new division of concession services.
    Subsection (b). Application. This subsection requires any 
new concession activity to utilize the new standard concession 
contract after its final publication in the Federal Register 
and requires that any existing concession or renewal of a 
concession be converted to the standard contract beginning 
three years after the date of enactment of this act.
    Subsection (c). Deadline for Regulations Establishing 
Standardized Contract Requirements. This subsection specifies 
that the Director of the Fish and Wildlife Service will 
establish through regulations a standard concession contract 
within 18 months after the date of enactment of H.R. 1370.
    Subsection (d). Comprehensive Conservation Plan 
Requirement. This subsection stipulates that Comprehensive 
Conservation Plans, which are required to be completed for each 
refuge or refuge complex by 2012, address and describe the 
types of compatible activities and services that might be 
offered by a concessionaire in the affected refuge unit.
    Subsection (e). Amendments Not Affected. This subsection 
clarifies that any amendments made by Section 6 of the National 
Wildlife Refuge Administration Act of 1966, as in effect before 
the enactment of this bill, remain in effect.
    Subsection (f). Annual Report on National Wildlife Refuge 
Concessions. This subsection amends Section 7 of the National 
Wildlife Refuge Administration Act of 1966 to require that by 
December 31st of each year, the Secretary of the Interior will 
submit to the House Committee on Resources and the Senate 
Committee on Environment and Public Works a report on 
concession activities conducted in the system. This report 
would provide the following information: number of refuge units 
with concession activities; names and description of concession 
services; amounts of fees or other payments received by the 
U.S. Government; accounting of monies deposited in the Refuge 
Revenue Sharing Fund; list of all contracts terminated or not 
renewed each year; summary of all improvements in visitors 
services and a summary of all repair and maintenance, facility 
enhancement and resources preservation projects completed by 
concessionaires and volunteers within the System. The Committee 
believes this annual report is an important document which will 
describe changing concession activities within the National 
Wildlife Refuge System, progress in reducing the Refuge System 
maintenance budget backlog, and fulfillment of the refuge 
system's goal to improve visitor services and public education 
and resource interpretation. The Committee urges the Secretary 
to make every effort to comply with the statutory deadlines for 
submission of this report to Congress.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill would reduce revenues and corresponding direct spending by 
less than $500,000 per year.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 10, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1370, a bill 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1370--A bill 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

    Summary: H.R. 1370 would establish a new policy governing 
the use of private concessioners to provide public 
accommodations and services at National Wildlife Refuges. CBO 
estimates that enacting the bill would have no significant 
impact on the federal budget. Because the bill would affect 
direct spending, pay-as-you-go procedures would apply, but we 
estimate that the changes would be less than $500,000 a year.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    H.R. 1370 would require the U.S. Fish and Wildlife Service 
(USFWS) to enter into agreements with concessioners only 
through formal contracts. The bill would require that each 
standardized contract contain a provision allowing the 
concessioner to provide maintenance or other work directly 
benefiting the facilities it use in exchange for paying a lower 
fee to the government. Any fees that are received from 
concessioners could be spent without further appropriation by 
the refuge manager for contract administration, refuge 
maintenance or improvements, and resource preservation. The new 
contract requirements would apply only to concession agreements 
entered into after enactment of the bill or renewed within 
three years after that time. Current law prohibits the agency 
from accepting services from contractors in favor of reduced 
leasing or other types of concession fees.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 1370 would have no significant net 
effect on the federal budget in any year.
    At present, agreements between the USFWS and concessioners 
(including nonprofit organizations) take several different 
forms, including contracts, special-use permits, and memoranda 
of understanding. Few of these agreements result in any 
receipts to the government. The offsetting receipts presently 
collected (less than $500,000 a year) are deposited into the 
National Wildlife Refuge Fund (NWRF), and later period, without 
further appropriation, to local governments.
    CBO expects that the bill would reduce offsetting receipts 
and subsequent spending over the next few years because both 
the USFWS and its current contractors would probably find it 
advantageous to renegotiate existing fee-generating agreements 
as quickly as the bill would allow. Because both deposits and 
spending would fall correspondingly, there would be no net 
effect on the federal budget.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting H.R. 1370 would result in small changes 
in direct spending, but these would have a net impact less than 
$500,000 annually.
    Intergovernmental and private-sector impact: H.R. 1370 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; and 
Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

      NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966

           *       *       *       *       *       *       *


  Sec. 4. (a) * * *

           *       *       *       *       *       *       *

  (e)(1) * * *

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *


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 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 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).

SEC. [5] 6. DEFINITIONS.

  For purposes of this Act:
          (1) * * *

           *       *       *       *       *       *       *

  [Sec. 6. Section 4(b) of the Act of March 16, 1934 (48 Stat. 
451), as amended (16 U.S.C. 718d(b)), is further amended by 
changing the colon after the word ``areas'' to a period and 
striking the provisos, which relate to hunting at certain 
wildlife refuges and which are now covered by section 4 of this 
Act.]

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.

                                  
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