S.Amdt. 148

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

At the appropriate place, insert the following:

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

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

``SECTION 1. SHORT TITLE.

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

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

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

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

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