[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.

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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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