[House Report 108-347]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-347
======================================================================
LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES, AND
PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM
_______
November 4, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1204]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is 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 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) those revenue producing visitor services, as that term
is used in sections 36.37 and 36.41 of title 50, Code of
Federal Regulations, provided within any national wildlife
refuge area in Alaska.
``(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.
``(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.
Purpose of the Bill
The purpose of H.R. 1204 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 properties, and for other purposes.
Background and Need for Legislation
The National Wildlife Refuge System is comprised of Federal
lands that have been acquired or designated for the
conservation and enhancement of fish and wildlife. The System
is administered by the U.S. Fish and Wildlife Service and it is
managed in accordance with the National Wildlife Refuge System
Administration Act of 1966. The Act was amended and updated by
the National Wildlife Refuge Improvement Act of 1997 (P.L. 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 refuge was established.
In fact, thirty-eight million people visited refuges last year.
The System is comprised of about 94 million acres of land
incorporated within 542 refuges and 37 wetland management
districts which provides habitat for hundreds of fish and
wildlife species. Refuges are located in all 50 States and five
U.S. Territories.
The System includes; 2,700 employees; 5,000 buildings;
2,000 utility systems; 10,000 miles of dikes, levees and
fences; 5,500 miles of public roads; 23,000 water control
structures; 690 dams; 2,500 public use structures such as
boardwalks, observation platforms or boat launch sites; and
about 4,000 items of construction or agricultural equipment,
such as tractors, mowers, backhoes, graders, and forklifts and
thousands of tools, pumps and scientific equipment.
In Fiscal Year 2003, the System received $369,800,000 for
System operation and maintenance, the paychecks and materials
needed to keep the employees, volunteers, facilities and
equipment at work throughout the year. By comparison, in Fiscal
Year 2003, the smaller 84 million acre National Park System
received nearly $2.4 billion for operations and maintenance
funds.
In Fiscal Year 2003, the deferred maintenance backlog in
the Maintenance Management System (MMS) database includes 5,086
projects. Completion of these projects is estimated to cost
$645 million. In addition to the deferred maintenance backlog,
the MMS database also includes the backlog of construction
projects valued at more than $500,000, or, in the case of
existing facilities, more than 10 percent of the cost of the
facility needing expansion, renovation or repair. The database
currently includes 493 construction projects valued at $797
million. Critical Refuge Operations Needs Survey needs are
estimated at $335 million. The total replacement value of
assets within the National Wildlife Refuge System is $7
billion. These backlog figures are important in order to put in
proper prospective the rationale why the U.S. Fish and Wildlife
Service has not been unable to maintain various buildings and
properties within the refuge system that are leased or utilized
by private concessionaires.
Concessionaires within the refuge system
For nearly seventy 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 refuge was
established. The National Wildlife Refuge Improvement Act of
1997 requires all refuge Comprehensive Conservation Plans to
determine if a concession is compatible with the purposes of
the individual refuge unit.
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. Therefore, the Service alone
is responsible for the maintenance and upkeep of all federal
buildings and facilities found within the boundaries of the
refuge system.
After completing a 2002 survey of existing concessionaires
of the National Wildlife Refuge System, it appears there are
about fifty refuge units that have various concession type
services. In fourteen cases, concessionaires have signed five
year contracts after a formal government bidding process and
the Service has established a minimum payment of a 5 percent
franchise fee. The services offered range from boat and canoe
rentals, bookstores, campgrounds, ferries, gift shops,
interpretive tours, sleigh rides and tour boat operators. In
almost all other cases, concessionaires have signed letters of
agreement, memoranda of understanding, special use permits or
leases with the Fish and Wildlife Service. All revenues paid to
the Service by concessionaires in the form of annual franchise
fees or a percentage of gross receipts are credited to the
National Wildlife Refuge Fund. As specified under Title 40
U.S.C. 303(b), these funds may not be used to offset concession
related refuge administrative, capital improvements and
maintenance expenses. While the Service has not made an income
projection for the current fiscal year, it collected $204,000
in FY'00, $227,400 in FY'01 and $187,224 in FY'02.
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. Concessionaires have been unable to repair these
facilities because of the current statutory restrictions. It is
regrettable that these refuge facilities have not been properly
maintained. In many cases, concessions afford the public the
opportunity to experience ``hands on'' the positive aspects of
a wildlife refuge and to obtain a greater appreciation on how
their tax dollars are spent.
Title 40 U.S.C. 303(b) limits flexibility available to
refuge managers to collaborate with concessionaires to use non-
federal funds to address deteriorating facilities. The Service
has been unable to return refuge incurred expenses for the
administration, capital improvement and maintenance expenses
involved with providing concession opportunities. The operation
of concessions on refuge land has been viewed as a low priority
issue.
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. An 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
concessionaires to provide those services. Concession
operations should be viewed as a management tool to facilitate
services to the visiting public.
H.R. 1204 would amend the National Wildlife Refuge System
Administration Act to establish a new policy for those private
concessionaires who use federal property within our national
wildlife refuge system. The Secretary of the Interior would be
authorized to establish a standardized refuge concession
contract, to include in any future contracts with a
concessionaire language that allows the lessee to maintain or
repair any structure within the refuge unit and to treat those
costs as compensation for using those facilities and the
Secretary would be required to produce an annual report on
concession activities. Furthermore, H.R. 1204 limits
expenditures by concessionaires within the refuge system to a
specific list of authorized items including: backlogged repair
and maintenance projects, interpretation, signage, habitat,
facility enhancement, resource protection and preservation and
the administration of the contracts. The Fish and Wildlife
Service will retain the right to determine whether a specific
repair is warranted, they will obtain estimates for any repair
or maintenance work and these projects are expected to be
selected from the Maintenance Management System database. No
concessionaires would acquire any possessory interest in any
facilities improved by them.
Committee Action
H.R. 1204 was introduced on March 11, 2003, by Congressman
Mark 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 June 26, 2003,
the Subcommittee held a hearing on the bill. On July 17, 2003,
the Subcommittee met to mark up the bill. Mr. Souder offered an
amendment in the nature of a substitute to provide flexibility
to the Fish and Wildlife Service to establish a standardized
concession contract, exempted bookstores operated by national
wildlife refuge friends groups from the contract requirement,
streamlined how concession funds can be spent and clarified
that guides and outfitters in Alaska are not required to have a
concession contract. The amendment was adopted by voice vote.
The bill, as amended, was then forwarded by voice vote to the
Full Committee. On September 24, 2003, the Full Resources
Committee met to consider the bill. No further amendments were
offered and the bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
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 revenues or tax
expenditures. According to the Congressional Budget Office,
this bill would have a negligible impact on direct spending.
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, October 23, 2003.
Hon. Richard W. Pombo,
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. 1204, 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 and to provide for
maintenance and repair of properties located in the System by
concessionaires authorized to use such properties.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1204--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
H.R. 1204 would establish a new policy governing the use of
private concessions 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. H.R. 1204 would affect direct spending
(included offsetting receipts), but we estimate that any impact
could be negligible.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
H.R. 1204 would require the U.S. Fish and Wildlife Service
(USFWS) to enter into agreements with concessions 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 benefitting the
facilities it uses in exchange for paying a lower fee to the
government. Any fees that are received from concessioners could
be spent without further appropriation for purposes such as
contract administration and refuge improvements.
At present, agreements between the USFWS and concessions
(including nonprofit organizations) take several different
forms, including contracts, special-use permits, and memoranda
of understanding. Fee of these agreements result in any income
to the government. The offsetting receipts presently collected
(less than $300,000 a year) are deposited into the National
Wildlife Refuge Fund and later spent, without further
appropriation, on administrative costs or refuge revenue-
sharing payments to local governments.
CBO expects that implementing H.R. 1204 would cause a
permanent loss of offsetting receipts 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. New
contracts would allow these concessions to provide maintenance
and related work on the property they use in consideration for
reduced concessions fees or lease payments--an exchange that is
not permitted under existing law. Because spending would fall
correspondingly, these would be no net impact of these changes
on the federal budget.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was 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 italics, 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
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) those revenue producing visitor services, as that
term is used in sections 36.37 and 36.41 of title 50,
Code of Federal Regulations, provided within any
national wildlife refuge area in Alaska.
(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.
(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).
[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. (a) Sections 4 and 12 of the Migratory Bird
Conservation Act (45 Stat. 1222), as amended (16 U.S.C. 715c
and 715k), are further amended by deleting the word ``game''
wherever it appears.
[(b) Section 10 of the Migratory Bird Conservation Act (45
Stat. 1224), as amended (16 U.S.C. 715i), which relates to the
administration of certain wildlife refuges, is amended to read
as follows:
[``Sec. 10. (a) Areas of lands, waters, or interests therein
acquired or reserved pursuant to this Act shall, unless
otherwise provided by law, be administered by the Secretary of
the Interior under rules and regulations prescribed by him to
conserve and protect migratory birds in accordance with treaty
obligations with Mexico and Canada, and other species of
wildlife found thereon, including species that are threatened
with extinction, and to restore or develop adequate wildlife
habitat.
[``(b) In administering such areas, the Secretary is
authorized to manage timber, range, and agricultural crops; to
manage other species of animals, including but not limited to
fenced range animals, with the objectives of perpetuating,
distributing, and utilizing the resources; and to enter into
agreements with public and private agencies.''
[(c) Section 11 of the Migratory Bird Conservation Act (45
Stat. 1224) (16 U.S.C. 715j) is amended by striking the period
at the end thereof and adding the following: ``(39 Stat. 1702)
and the treaty between the United States and the United Mexican
States for the protection of migratory birds and game mammals
concluded February 7, 1936 (50 Stat. 1311).''
[(d) Sections 13 and 14 of the Migratory Bird Conservation
Act (45 Stat. 1224), as amended (16 U.S.C. 7151 and 715m),
which provide for the enforcement of said Act and for penalties
for violations thereof and which are covered by section 4 of
this Act, are repealed.]
SEC. [5.] 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``compatible use'' means a wildlife-
dependent recreational use or any other use of a refuge
that, in the sound professional judgment of the
Director, will not materially interfere with or detract
from the fulfillment of the mission of the System or
the purposes of the refuge.
* * * * * * *
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.
* * * * * * *