[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1489 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1489

 To provide the public with access to outfitted activities on Federal 
                     land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Craig (for himself and Mr. Wyden) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide the public with access to outfitted activities on Federal 
                     land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outfitter Policy Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the experience, skills, equipment, and trained staff 
        provided by commercial outfitters are necessary to ensure 
        public access and enjoyment of recreational and educational 
        opportunities on Federal land;
            (2) the investment of private sector capital by commercial 
        outfitters is an important contribution toward assisting land 
        management agencies in--
                    (A) serving visitors to Federal land;
                    (B) managing and protecting resources; and
                    (C) providing a broad spectrum of dispersed 
                recreational opportunities in accordance with user 
                trends and the public's need and desire for access to 
                resources;
            (3) the provision of opportunities for outfitted visitors 
        to Federal land to engage in fishing and hunting is best served 
        by continued recognition that the States retain primary 
        authority regarding the taking of fish and wildlife on Federal 
        land;
            (4) an effective commitment to meeting the needs of 
        outfitted visitors requires implementation of agency programs 
        to provide for--
                    (A) reliable consistent performance by outfitters 
                using equipment, facilities, supplies, and staff that 
                provide the assistance necessary for public access to 
                and enjoyment of Federal land;
                    (B) the health and welfare of the public;
                    (C) management and protection of the resource 
                values that support outfitted activities and enhance 
                the visitor experience;
                    (D) a fair return to the Federal Government through 
                appropriate fees; and
                    (E) greater efficiency in management of outfitted 
                activities; and
            (5) an effective relationship between land management 
        agencies and commercial outfitters requires implementation of 
        agency programs to provide--
                    (A) encouragement to qualified, skilled, 
                experienced, career-oriented persons from the private 
                sector to invest in equipment, facilities, supplies, 
                and staff training;
                    (B) a stable business climate that offers 
                reasonable opportunities for commercial outfitters to 
                realize a profit on their operations as a whole, 
                commensurate with--
                            (i) the capital invested in facilities and 
                        equipment, staff training, safety features, and 
                        overall operations; and
                            (ii) the obligations assumed;
                    (C) the incentive to reinvest in order to increase 
                the quality and scope of opportunities available to 
                outfitted visitors;
                    (D) an equitable share for commercial outfitters of 
                the type and amount of use determined to be suitable 
                for an area through resource management planning;
                    (E) an effective and fair means of evaluating the 
                performance of commercial outfitters to ensure the 
                public of continued availability of commercial 
                outfitted activities;
                    (F) renewal of outfitter contracts based on a 
                performance evaluation system that rewards outfitters 
                that meet required performance standards and eliminates 
                outfitters that fail to meet those standards;
                    (G) the ability to recapture investment through the 
                transfer of an outfitter contract to the qualified 
                purchaser of the business, an heir or assign, or 
                another qualified person; and
                    (H) training for agency managers that is 
                appropriate for the administration of this Act.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to regulate the terms and conditions of use and 
        occupancy of Federal land by commercial outfitters, including 
        the procedures, standards, customs, and practices by which 
        Federal agencies manage and regulate commercial outfitters to 
ensure continuity, efficiency, and good performance in providing access 
for visitors to Federal land;
            (2) to ensure that members of the public who require or 
        desire access to Federal land with the assistance of an 
        outfitter have the opportunity to renew their heritage through 
        recreational and educational experiences;
            (3) to ensure that the land management agencies retain 
        qualified outfitter operations to assist in providing for the 
        health and welfare of outfitted visitors to Federal land, 
        protection of resources, visitor access to recreational and 
        educational opportunities on Federal land, and attainment of 
        land management objectives;
            (4) to provide outfitters with reasonable assurances and 
        the incentive to invest in outfitter operations on Federal 
        land; and
            (5) to ensure that Federal revenue considerations are 
        properly subordinated to meeting the recreational and 
        educational needs of visitors to Federal land, maintaining the 
        health and welfare of the public, and protecting resources.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Actual use.--The term ``actual use'' means the portion 
        of a principal use allocation made to an authorized outfitter 
        for an operating season that the authorized outfitter actually 
        uses during the operating season.
            (2) Adjusted gross receipts.--The term ``adjusted gross 
        receipts'' means, with respect to an authorized outfitter, an 
        amount equal to--
                    (A) the sum of--
                            (i) the gross receipts of the authorized 
                        outfitter from outfitted activities that are 
                        conducted in whole or in part on Federal land; 
                        and
                            (ii) value derived by the authorized 
                        outfitter from goods or services that are 
                        donated or bartered by the public for the 
                        opportunity to participate in an outfitted 
                        activity on Federal land; less
                    (B) the sum of--
                            (i) revenue to the authorized outfitter 
                        from goods sold to outfitted visitors or 
                        derived from operations on non-Federal land;
                            (ii) fees conveyed by the authorized 
                        outfitter to units of Federal, State, or local 
                        government for hunting or fishing licenses, 
                        entrance or recreation fees, or other purposes 
                        (other than outfitter activities); and
                            (iii) such other exclusions as an agency 
                        head may specify.
            (3) Agency.--The term ``agency'' means--
                    (A) the National Park Service;
                    (B) the United States Fish and Wildlife Service;
                    (C) the Bureau of Land Management;
                    (D) the Forest Service; and
                    (E) the Bureau of Reclamation.
            (4) Agency head.--The term ``agency head'' means--
                    (A) with respect to Federal land administered by 
                the National Park Service, the Director of the National 
                Park Service or a designee;
                    (B) with respect to Federal land administered by 
                the United States Fish and Wildlife Service, the 
                Director of the United States Fish and Wildlife Service 
                or a designee;
                    (C) with respect to Federal land administered by 
                the Bureau of Land Management, the Director of the 
                Bureau of Land Management or a designee;
                    (D) with respect to Federal land administered by 
                the Forest Service, the Chief of the Forest Service or 
                a designee; and
                    (E) with respect to Federal land administered by 
                the Bureau of Reclamation, the Commissioner of the 
                Bureau of Reclamation or a designee.
            (5) Allocation of use.--
                    (A) In general.--The term ``allocation of use'' 
                means commitment by an agency to an authorized 
                outfitter to provide access to Federal land for 
                outfitted visitors through the allocation to the 
                authorized outfitter of all or a portion of user days 
                (or other periods of operation), launch dates, assigned 
                camps or launches, or other allocations of use.
                    (B) Inclusion.--The term ``allocation of use'' 
                includes the designation of a geographic area, zone, or 
                district in which a limited number of authorized 
                outfitters are authorized to operate.
            (6) Assigned camp or launch.--The term ``assigned camp or 
        launch'' means a campsite or launch authorized to be reserved 
        for use by an authorized outfitter for accommodation of 
        outfitted visitors during an operating season.
            (7) Authorized outfitter.--
                    (A) In general.--The term ``authorized outfitter'' 
                means an outfitter that conducts outfitted activity 
                under an outfitter authorization.
                    (B) Inclusions.--The term ``authorized outfitter'' 
                includes--
                            (i) an outfitter authorization awarded in 
                        accordance with an agreement between the agency 
                        head and a State or local government that 
                        provides for the regulation by State or local 
                        authorities of commercial outfitter operations 
                        on Federal land; and
                            (ii) a holder of a recreation site facility 
                        authorization from which an outfitted activity 
                        is authorized to be conducted under the 
                        recreation site facility authorization.
            (8) Commercial outfitter.--The term ``commercial 
        outfitter'' means a person engaged in the business of 
        conducting an outfitted activity--
                    (A) that is advertised and available to the public;
                    (B) that is conducted under the direction of paid, 
                professional staff; and
                    (C) for which an outfitted visitor is required to 
                pay (including payment to an outfitter that is a 
                nonprofit organization).
            (9) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                all land, and associated resources of the land, 
                administered by an agency.
                    (B) Exclusion.--The term ``Federal land'' does not 
                include--
                            (i) land held in trust by the United States 
                        for the benefit of an Indian tribe or 
                        individual; or
                            (ii) land held by an Indian tribe or 
                        individual subject to a restriction by the 
                        United States against alienation.
            (10) Institutional recreation program.--The term 
        ``institutional recreation program'' means a program of 
        recreational activities on Federal land that may include the 
        conduct of an outfitted activity on Federal land that is 
        administered by--
                    (A) an institution with a membership or limited 
                constituency, such as a religious, conservation, youth, 
                fraternal, or social organization; or
                    (B) an educational institution, such as a school, 
                college, or university.
            (11) Limited outfitter authorization.--The term ``limited 
        outfitter authorization'' means an outfitter authorization 
        under section 5(e).
            (12) Livery.--The term ``livery'' means--
                    (A) the dropping off or picking up of supplies or 
                equipment; or
                    (B) the conveying of outfitted visitors to or from 
                points of access to Federal land.
            (13) Noncompetitive authorization.--The term 
        ``noncompetitive authorization'' means an outfitter 
        authorization awarded without issuance of a prospectus.
            (14) Outfitted activity.--
                    (A) In general.--The term ``outfitted activity'' 
                means outfitting, guiding, supervision, education, 
                interpretation, skills training, packing, 
                transportation, assistance, or livery activity, or a 
                traditional or historical activity conducted for a 
                member of the public in an outdoor environment, that--
                            (i) relies on the recreational, natural, 
                        historical, or cultural resources of Federal 
                        land; and
                            (ii) includes the use of--
                                    (I) an aircraft, vehicle, boat, 
                                saddle, or pack animal or other means 
                                of conveyance; or
                                    (II) camp gear or other outdoor 
                                recreational or educational equipment 
                                or supplies.
                    (B) Exclusion.--The term ``outfitted activity'' 
                does not include a service provided under the National 
                Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
            (15) Outfitted visitor.--The term ``outfitted visitor'' 
        means a member of the public that relies on a commercial 
        outfitter for access to or use of Federal land.
            (16) Outfitter.--
                    (A) In general.--The term ``outfitter'' means a 
                person that conducts an outfitted activity on Federal 
                land.
                    (B) Inclusion.--The term ``outfitter'' includes a 
                person that conducts an outfitted activity and by local 
                custom or tradition is known as a ``guide''.
            (17) Outfitter authorization.--The term ``outfitter 
        authorization'' means--
                    (A) a standard outfitter contract; or
                    (B) a limited outfitter authorization.
            (18) Principal use allocation.--The term ``principal use 
        allocation'' means a principal use allocation provided to an 
        authorized outfitter under section 9.
            (19) Recreation site facility.--The term ``recreation site 
        facility'' means a privately or publicly owned facility 
        authorized for use and occupancy on Federal land from which an 
        outfitted activity is conducted under the authority of a 
        recreation site facility permit, contract, lease, or other 
        authorization.
            (20) Resource area.--The term ``resource area'' means a 
        planning unit that is described by or contained within the 
        boundaries of a unit of the National Park System, a National 
        Forest, a wildlife refuge, a congressionally designated area, a 
        hunting zone or district, or a similar Federal land management 
        unit (including an area in which directly competitive 
        operations are regulated by more than 1 agency).
            (21) Standard outfitter contract.--The term ``standard 
        outfitter contract'' means an outfitter contract awarded under 
        section 5(d).
            (22) Temporary use allocation.--The term ``temporary use 
        allocation'' means an amount of allocation of use for a term of 
        not more than 2 years.
            (23) Traditional or historical activity.--The term 
        ``traditional or historical activity'' means a method of 
        transport, lodging, facility, structure, or recreational or 
        educational activity that--
                    (A) reflects an early era of the exploration, 
                technology, or cultural evolution of the United States; 
                and
                    (B) was established before the date of enactment of 
                this Act as part of an outfitter operation (with any 
                adaptation on or after that date that may be necessary 
                to ensure the health and welfare of outfitted visitors 
                and the protection of resources).
            (24) User day.--The term ``user day'' means a day on which 
        an authorized outfitter is authorized to conduct an outfitted 
        activity for an outfitted visitor on Federal land.

SEC. 5. OUTFITTER AUTHORIZATIONS.

    (a) Requirement of Outfitter Authorizations.--
            (1) Prohibition.--No commercial outfitter except an 
        authorized outfitter shall conduct an outfitted activity on 
        Federal land.
            (2) Conduct of outfitted activities.--An authorized 
        outfitter shall not conduct an outfitted activity on Federal 
        land except in accordance with an outfitter authorization.
            (3) Inapplicability of procurement law and service contract 
        law.--Law relating to procurement of property and services by 
        Federal agencies, including title III of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 251 et 
        seq.), the Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.), the Service Contract Act of 1965 (41 U.S.C. 351 
        et seq.), and subchapter V of chapter 35 of title 31, United 
        States Code (commonly known as the ``Competition in Contracting 
        Act''), shall not apply to an outfitter authorization.
    (b) Terms and Conditions.--An outfitter authorization shall specify 
the rights and obligations of the authorized outfitter and the agency 
head and other terms and conditions of the authorization.
    (c) Criteria for Award.--The agency head shall establish criteria 
for award of an outfitter authorization that--
            (1) identify skilled, experienced, and financially capable 
        persons to offer and conduct outfitted activities in a manner 
        that--
                    (A) provides recreational and educational 
                experiences for the outfitted visitors;
                    (B) promotes the health and welfare of outfitted 
                visitors; and
                    (C) protects the natural, historical, cultural, and 
                recreational resources in areas where the outfitted 
                activities are conducted;
            (2) acknowledge the traditional and historical role of 
        outfitters in providing the experience, skills, equipment, and 
        trained staff necessary for access by outfitted visitors to, 
        and use and enjoyment by outfitted visitors of, recreational or 
        educational opportunities on Federal land;
            (3) recognize the importance of the private sector in 
        providing the public with access to Federal land by encouraging 
        investment by authorized outfitters in facilities, equipment, 
        and employee training; and
            (4) except as provided in subsections (d)(4)(C) and (e) and 
        section 11, include a competitive process for awarding 
        outfitter authorizations.
    (d) Standard Outfitter Contracts.--
            (1) In general.--An agency head may enter into a written 
        contract with a commercial outfitter for the use and occupancy 
        of Federal land for the purpose of conducting outfitted 
        activities.
            (2) Term.--A standard outfitter contract shall provide 
        for--
                    (A) a standard 10-year term; or
                    (B) a term that is longer than 10 years, if the 
                agency head determines that a longer term is necessary 
                because of the extent of investment required to conduct 
                outfitted activities contemplated by the standard 
                outfitter contract or is otherwise in the public 
                interest.
            (3) Terms and conditions.--A standard outfitter contract 
        shall provide for--
                    (A) a principal use allocation and, if appropriate, 
                a temporary use allocation;
                    (B) an authorization fee in accordance with section 
                6;
                    (C) renewal of the standard outfitter contract on a 
                determination of good performance during the term of 
                the contract (including any extension or renewal of the 
                term), in accordance with section 11;
                    (D) amendment of the standard outfitter contract in 
                accordance with paragraph (6);
                    (E)(i) in the case of an authorized outfitter that 
                conducts an outfitted activity in a resource area in 
                which another authorized outfitter conducts the same or 
                a similar outfitted activity, the authority of the 
                authorized outfitter to determine the amounts to be 
                charged to outfitted visitors; or
                    (ii) in the case of an authorized outfitter that 
                has exclusive authorization to conduct an outfitted 
                activity in a resource area, the authority of the 
                authorized outfitter to determine the amounts to be 
                charged to outfitted visitors subject to approval by 
                the agency head, who shall use reasonable criteria in 
                making a determination within a reasonable period of 
                time;
                    (F) full disclosure to each outfitted visitor that 
                participates in an outfitted activity conducted by the 
                authorized outfitter of the amount and type of fees 
                that the authorized outfitter is required to pay to the 
agency head in connection with--
                            (i) entrance fees;
                            (ii) outfitter or visitor fees directly 
                        related to outfitter operations; or
                            (iii) other fees; and
                    (G) transfer or assignment of the standard 
                outfitter contract in accordance with section 12.
            (4) Award.--
                    (A) In general.--An agency head may award a 
                standard outfitter contract if--
                            (i) additional or unallocated use capacity 
                        is available in a resource area, or public 
                        demand for recreational or educational 
                        opportunities has been identified through the 
                        resource planning process;
                            (ii) a standard outfitter contract is 
                        terminated;
                            (iii) a reduction in principal use 
                        allocation under section 9(d) makes the 
                        allocation of use available;
                            (iv) competitive interest in a resource 
                        area or outfitted activity arises where no 
                        authorized outfitter offers the outfitted 
                        activity and the proposed type of activity and 
                        amount of use are not inconsistent with the 
                        objectives of applicable resource management 
                        plans; or
                            (v) in the case of a resource area in the 
                        State of Alaska, competitively awarded Federal 
                        permits have been issued to authorized 
                        outfitters providing fishing or hunting 
                        opportunities.
                    (B) Solicitation and selection of applicants; 
                fees.--In awarding a standard outfitter contract under 
                clause (i), (ii), (iii), or (iv) of subparagraph (A), 
                an agency head--
                            (i)(I) except as provided in subparagraph 
                        (C), shall solicit applicants by issuing a 
                        prospectus; and
                            (II) to the maximum extent practicable, 
                        shall contact each person that has expressed an 
                        interest in conducting an outfitted activity in 
                        the resource area; and
                            (ii) shall, in selecting qualified 
                        applicants--
                                    (I) determine the most qualified 
                                applicants by considering past 
                                experience and knowledge of the 
                                resource area, financial capability, 
                                performance records, and resource 
                                protection capability; and
                                    (II) subordinate considerations of 
                                revenue to the United States to the 
                                objectives of providing recreational 
                                and educational opportunities for the 
                                public, providing for the health and 
                                welfare of the public, and protecting 
                                resources.
                    (C) Noncompetitive authorizations.--An agency head 
                may award a standard outfitter contract to an applicant 
                without issuing a prospectus if the agency head 
                determines that--
                            (i) an application has been submitted to 
                        conduct an outfitted activity for which the 
                        agency head determines that a noncompetitive 
                        authorization would serve the needs of 
                        outfitted visitors;
                            (ii) the applicant meets criteria 
                        established by the agency head; and
                            (iii) issuance of a prospectus would 
                        provide no significant benefit to the public, 
                        and waiving the requirement for a prospectus 
                        would cause no significant detriment to 
                        prospective outfitter applicants.
            (5) Extensions.--
                    (A) In general.--An agency head may extend the term 
                of a standard outfitter contract if the agency head 
                determines that an extension is necessary to avoid 
                interruption of the public's access to recreational and 
                educational opportunities.
                    (B) Pending applications.--Before extending the 
                term of a standard outfitter contract, an agency head 
                shall take all reasonable and appropriate steps to 
                consider pending applications for standard outfitter 
                contracts.
            (6) Amendments.--An amendment to a standard outfitter 
        contract--
                    (A) shall be made only--
                            (i) with the consent of the authorized 
                        outfitter;
                            (ii) in accordance with the terms of the 
                        standard outfitter contract; or
                            (iii) to bring the outfitter operations of 
                        the authorized outfitter into compliance with 
                        applicable law;
                    (B) shall be undertaken with reasonable advance 
                notice of any new requirements for capital expenditures 
                arising during the term of the standard outfitter 
contract, if the expenditures are expected to affect pricing, 
advertising, or other aspects of the operations of the authorized 
outfitter;
                    (C) may be made for the purpose of permitting the 
                authorized outfitter to conduct a new or expanded 
                outfitted activity if the agency head determines that 
                the new or expanded outfitted activity may contribute 
                to the use and enjoyment of Federal land by outfitted 
                visitors; and
                    (D) shall not--
                            (i) constitute the issuance of a new 
                        contract necessitating compliance with any 
                        paperwork or other requirements under any law 
                        except any that are specifically related to the 
                        amendment; or
                            (ii) adversely affect other rights and 
                        obligations that exist under the standard 
                        outfitter contract.
    (e) Limited Outfitter Authorizations.--
            (1) In general.--An agency head may issue a limited 
        outfitter authorization to an applicant if the agency head 
        determines that the applicant is qualified to conduct outfitted 
        activity on a limited basis.
            (2) Term.--A limited outfitter authorization shall have a 
        term of not to exceed 2 years.
            (3) Reissuance or renewal.--A limited outfitter 
        authorization may be reissued or renewed at the discretion of 
        the agency head.
            (4) Transferability.--A limited outfitter authorization 
        shall be transferable at the sole discretion of the agency 
        head.
            (5) Consistency with resource management goals.--A limited 
        outfitter authorization shall not authorize any type or 
        quantity of outfitted activity that is inconsistent with 
        resource management goals for a resource area.
            (6) No construction.--A limited outfitter authorization 
        shall not authorize construction of a structure, fixture, or 
        other improvement on Federal land.
            (7) Preference for standard outfitter contracts.--If a 
        person that is seeking or has been awarded a limited outfitter 
        authorization submits to an agency an application for a 
        standard outfitter contract, the agency head shall--
                    (A) process the application as an application for a 
                standard outfitter contract; and
                    (B) award a standard outfitter contract rather than 
                a limited outfitter authorization unless the agency 
                head submits to the applicant a written determination 
                stating reasons why an award of a standard outfitter 
                contract would not be in the best interests of the 
                public.
    (f) Resource Areas Under the Jurisdiction of More Than 1 Agency.--
            (1) Lead agency.--To reduce administrative costs, the heads 
        of agencies with jurisdiction over adjoining resource areas, or 
        noncontiguous resource areas in which a prospective authorized 
        outfitter proposes to conduct outfitted activities for 
        outfitted visitors in a single trip, may designate a lead 
        agency for the authorization and management of outfitter 
        operations using both resource areas under the authority of a 
        single outfitter authorization.
            (2) Single outfitter authorization and fee.--The lead 
        agency shall award a single outfitter authorization and collect 
        a single fee in accordance with section 6.
            (3) Consistency with plans and policies of each agency.--An 
        outfitter authorization under paragraph (2) shall provide for 
        the conduct of an outfitted activity in a manner that is 
        consistent with the resource management plans and policies for 
        each resource area in which an outfitted activity is conducted.

SEC. 6. AUTHORIZATION FEES.

    (a) Annual Fee.--
            (1) In general.--An agency head shall require payment of a 
        reasonable annual fee for an outfitter authorization.
            (2) Payment schedule.--An annual authorization fee shall be 
        paid in accordance with a reasonable schedule of payment during 
        the course of an operating season.
    (b) Establishment of Amount Applicable to a Standard Outfitter 
Contract.--
            (1) In general.--The amount of an authorization fee under a 
        standard outfitter contract--
                    (A) shall reflect the value of the opportunity to 
                conduct the outfitted activity on Federal land that--
                            (i) is expressed as a simple charge per day 
                        of actual use or as a flat fee; or
                            (ii) if calculated as a percentage of 
                        revenue, is determined based on adjusted gross 
                        receipts;
                    (B) shall take into account economic conditions and 
                other factors so as to provide the authorized outfitter 
                a reasonable opportunity to realize a profit on the 
                operation as a whole, commensurate with the capital 
                invested and the obligations assumed; and
                    (C) may include an amount for rental of any 
                federally owned facility that is used by the authorized 
                outfitter.
            (2) Actual use.--
                    (A) In general.--For the purposes of paragraph 
                (1)(A)(i), actual use shall be based on a full user day 
                or the portion of a user day (or other measure of 
                activity) in which actual use occurs.
                    (B) Limitation.-- In the case of an authorized 
                outfitter that conducts an outfitted activity in 
                adjoining or noncontiguous resource areas as described 
                in section 5(f), whether or not the resource areas are 
                under the jurisdiction of different agencies, or, if 
                the resource areas are under the jurisdiction of 
                different agencies, whether or not the heads of the 
                agencies designate a lead agency and award a single 
                outfitter authorization or separate outfitter 
                authorizations, the authorization fee, or if 
                authorization fees are assessed separately, the 
                aggregate amount of authorization fees assessed, shall 
                be based on not more than 1 user day per outfitted 
                visitor per day.
            (3) Special rule for alaska.--With respect to an outfitted 
        activity conducted in the State of Alaska, an agency head shall 
        establish a reasonable authorization fee based on a simple 
        charge per user day.
            (4) Substantially similar services in a specific geographic 
        area.--If more than 1 standard outfitter contract is awarded to 
        conduct the same or a similar outfitted activity in the same 
        resource area, the agency head shall establish an identical fee 
        for all such standard outfitter contracts.
    (c) Establishment of Amount Applicable to a Limited Outfitter 
Authorization.--The amount of an authorization fee under a limited 
outfitter authorization shall be not less than an amount that is 
sufficient to recover the cost to the agency of managing the activities 
of the authorized outfitter.
    (d) No Additional Fees.--An agency head shall not require the 
payment by an authorized outfitter of any new or increased fee or other 
charge in addition to the authorization fee specified in an outfitter 
authorization.
    (e) Adjustment of Fees.--The amount of an authorization fee--
            (1) shall be determined as of the date of the outfitter 
        authorization; and
            (2) may be modified as provided in the outfitter 
        authorization--
                    (A) on the basis of inflation (as measured by 
                changes in the Consumer Price Index or another 
                appropriate index), when the annual payment is not 
                determined by a percentage of adjusted gross receipts;
                    (B) to reflect material adverse changes from the 
                conditions specified in the outfitter authorization; or
                    (C) in the event of an unforeseen disaster.

SEC. 7. LIABILITY AND INDEMNIFICATION.

    (a) In General.--An authorized outfitter shall defend and indemnify 
the United States for costs or expenses associated with injury, death, 
or damage to any person or property caused by the authorized 
outfitter's negligence, gross negligence, or willful and wanton 
disregard for persons or property arising directly out of the 
authorized outfitter's conduct of outfitted activity under an outfitter 
authorization.
    (b) No Liability.--An authorized outfitter--
            (1) shall have no responsibility to defend or indemnify the 
        United States, its agents, employees, or contractors, or third 
        parties for costs or expenses associated with injury, death, or 
        damage to any person or property caused by the acts, omissions, 
        negligence, gross negligence, or willful and wanton misconduct 
        of the United States, its agents, employees, or contractors, or 
        third parties;
            (2) shall not incur liability of any kind to the United 
        States, its agents, employees, or contractors, or third parties 
        as a result of the award of an outfitter authorization or as a 
        result of the conduct of an outfitted activity under an 
        outfitter authorization absent a finding by a court of 
        competent jurisdiction of negligence, gross negligence, or 
        willful and wanton disregard for persons or property on the 
        part of the authorized outfitter; and
            (3) shall have no responsibility to defend or indemnify the 
        United States, its agents, employees, or contractors, or third 
        parties for costs or expenses associated with injury, death, or 
        damage to any person or property resulting from the inherent 
        risks of the outfitted activity conducted by the authorized 
outfitter under the outfitter authorization or the inherent risks 
present on Federal land.
    (c) Agreements.--An authorized outfitter may enter into contracts 
or other agreements with outfitted visitors, including agreements 
providing for release, waiver, indemnification, acknowledgment of risk, 
or allocation of risk.

SEC. 8. OPERATING PLANS.

    (a) In General.--Before operations are conducted under a standard 
outfitter contract, the authorized outfitter shall submit to the agency 
head an operating plan that provides information necessary for 
effective coordination between the authorized outfitter and the agency.
    (b) Contents.--An operating plan shall include--
            (1) the names and mailing addresses of the authorized 
        outfitter and its employees and agents;
            (2) a map, sketch, or description providing information 
        sufficient to locate--
                    (A) the authorized area of outfitter operations on 
                the ground;
                    (B) existing and proposed roads or access routes to 
                be used in connection with the operation; and
                    (C) assigned camps or launches or other facilities 
                to be used;
            (3) information describing--
                    (A) an itinerary and the nature of the outfitted 
                activity to be conducted;
                    (B) the period during which the outfitted activity 
                will be conducted; and
                    (C) the measures to be taken for the protection of 
                natural, historical, and cultural resources within the 
                resource area; and
            (4) an agreement between the agency head and the authorized 
        outfitter outlining the objective and attainable measurements 
        of outfitter performance to be evaluated during the operating 
        season.
    (c) Updating.--An authorized outfitter shall update the operating 
plan as necessary to reflect changes in operations or itinerary.
    (d) Review by Agency Head.--
            (1) In general.--The agency head shall review and approve 
        an operating plan based on criteria consistent with the 
        requirements of this Act and other applicable law.
            (2) No alteration of standard outfitter contract or agency 
        policy.--In connection with review of an operating plan, an 
        agency head shall not--
                    (A) alter provisions of the standard outfitter 
                contract except with the consent of the authorized 
                outfitter; or
                    (B) depart from established agency policy that is 
                applicable to operating plans submitted by authorized 
                outfitters generally.
    (e) Special Rule for Alaska.--With respect to outfitted activity 
conducted in the State of Alaska, an agency head shall not establish or 
impose a limitation on access by an authorized outfitter that is 
inconsistent with the access ensured under subsections (a) and (b) of 
section 1110 of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3170).

SEC. 9. ALLOCATIONS OF USE.

    (a) In General.--An agency head--
            (1) shall provide a principal use allocation to an 
        authorized outfitter under a standard outfitter contract; and
            (2) may provide a temporary use allocation to an authorized 
        outfitter under a standard outfitter contract or a limited 
        outfitter authorization.
    (b) Principal Use Allocation.--
            (1) In general.--An agency head shall provide a principal 
        use allocation to be available for use by the authorized 
        outfitter in the same amount during each year through the term 
        of a standard outfitter contract.
            (2) Terms.--A principal use allocation may be defined in 
        terms of user days or portions of user days, outfitter areas, 
        the operating season, months, weeks, days, people-at-one-time, 
        or other means of measurement that may be appropriate in view 
        of--
                    (A) the nature of the outfitted activity;
                    (B) the amount of use required to sustain an 
                economically viable operation;
                    (C) the nature and limitations of the resource area 
                within which the outfitted activity is to be 
                authorized;
                    (D) the various modes of transportation to be used 
                in conducting the outfitted activity;
                    (E) the location of assigned camps or launches; and
                    (F) other appropriate factors.
            (3) Extensions, renewals, and transfers.--Upon the 
        extension, renewal, or transfer of a standard outfitter 
        contract, an agency head shall provide an allocation of the 
        same type of outfitted activity and amount of principal use, 
except as provided in subsection (d).
            (4) Effect of adjustments.--
                    (A) Principal use allocations.--An adjustment made 
                by the agency head in the aggregate amount of principal 
                use allocations provided to all authorized outfitters 
                conducting the same or a similar outfitted activity in 
                a resource area shall not be offset by an adjustment in 
                the amount of use made available to members of the 
                public who engage in the activity without the 
                assistance of an authorized outfitter.
                    (B) Use by persons without the assistance of an 
                authorized outfitter.--An adjustment made by the agency 
                head in the amount of use made available to members of 
                the public who engage in an activity without the 
                assistance of an authorized outfitter shall not be 
                offset by an adjustment in the amount of principal use 
                allocations provided to authorized outfitters in the 
                resource area for the purpose of providing access for 
                outfitted visitors.
    (c) Seasonal Deviation From Principal Use Allocations.--
            (1) Waiver.--
                    (A) In general.--At the request of an authorized 
                outfitter, an agency head may waive the obligation of 
                the authorized outfitter to use all or part of the 
                amount of the principal use allocation provided to the 
                authorized outfitter, if the request is made in 
                sufficient time to allow the agency head to reallocate 
                the unused allocation of use to other authorized 
                outfitters.
                    (B) No deduction.--An amount of principal use 
                allocation that is waived under paragraph (1) shall not 
                be withheld from use by the authorized outfitter 
                through the remainder of the term of the standard 
                outfitter contract except with the consent of the 
                authorized outfitter.
            (2) Pool of unallocated use.--
                    (A) In general.--An agency head may create a pool 
                of available, unallocated principal use (including any 
                part of an allocation of use waived under subparagraph 
                (A)), which may be distributed at the discretion of the 
                agency head to authorized outfitters.
                    (B) Consideration of existing outfitter 
                operations.--In determining the allocation of 
                unallocated use under subparagraph (A), an agency head 
                shall give first consideration to improving the 
                economic viability of existing outfitter operations in 
                the resource area.
    (d) Adjustment of Allocations of Principal Use.--
            (1) Renewal of contract.--
                    (A) In general.--In renewing a standard outfitter 
                contract, an agency head may--
                            (i) reduce the amount of the principal use 
                        allocation provided to an authorized outfitter 
                        in a resource area in which no other authorized 
                        outfitter conducts an outfitted activity under 
                        a standard outfitter contract that is the same 
                        as or similar to an outfitted activity 
                        conducted by the authorized outfitter if the 
                        authorized outfitter failed in more than 40 
                        percent of the years of the expired contract 
                        term to make actual use of 70 percent or more 
                        of the amount of the principal use allocation 
                        provided for the expired contract term; or
                            (ii) in the case of an authorized outfitter 
                        that conducts the same outfitted activity as, 
                        or an outfitted activity that is similar to, an 
                        outfitted activity conducted by 1 or more other 
                        authorized outfitters under standard outfitter 
                        contracts in the same resource area, reduce the 
                        amount of the principal use allocation provided 
                        to the authorized outfitter if the authorized 
                        outfitter failed in more than 40 percent of the 
                        years of the expired contract term to make 
                        actual use of 70 percent or more of the average 
                        amount of principal use expressed as a 
                        percentage of total use actually used by all of 
                        the authorized outfitters.
                    (B) Approved nonuse.--In determining the extent of 
                the failure to make actual use of a principal use 
                allocation for the purpose of subparagraph (A), an 
                agency head shall treat any approved nonuse under 
                subsection (c)(1) as actual use by the authorized 
                outfitter.
            (2) Amount of reduction.--In determining a reduced amount 
        of principal use to be allocated in the renewal of a standard 
        outfitter contract, an agency head shall not make any reduction 
        related to factors beyond the control of the authorized 
        outfitter (such as general market and other economic 
        fluctuations, availability of State hunting licenses, 
closure of a resource area, or natural phenomena such as weather) that 
may have adversely affected the ability of the authorized outfitter to 
make actual use of the full amount of the principal use allocation.
            (3) Documentation.--An agency head shall provide an 
        authorized outfitter with documentation of the basis for any 
        adjustment in the principal use allocation, including new terms 
        and conditions that result from the adjustment.
    (e) Temporary Use Allocations.--
            (1) In general.--A temporary use allocation may be provided 
        to an authorized outfitter at the discretion of the agency head 
        for a period of not to exceed 2 years.
            (2) Reissuance, renewal, and transfer.--A temporary use 
        allocation may be reissued, renewed, or transferred at the 
        discretion of the agency head.
            (3) Conversion to principal use.--At the request of the 
        authorized outfitter, a temporary use allocation provided and 
        used for 2 years may be converted at the discretion of the 
        agency head to a principal use allocation.

SEC. 10. EVALUATION OF PERFORMANCE UNDER STANDARD OUTFITTER CONTRACTS.

    (a) Objectives.--An agency head shall use the following objectives 
to develop a program for annual evaluation of operations conducted 
under a standard outfitter contract:
            (1) Provision of recreational and educational opportunities 
        on Federal land to the outfitted visitors.
            (2) Protection of the health and welfare of visitors to 
        Federal land.
            (3) Protection of natural, historical, cultural, and 
        recreational resources.
            (4) Responsible administrative and financial performance, 
        including payment of fees.
            (5) Compliance with the outfitter authorization, the 
        operating plan, and applicable laws (including regulations).
    (b) Evaluation Criteria.--
            (1) In general.--Specific criteria to be used by an agency 
        head to evaluate the authorized outfitter's performance in 
        meeting the objectives described in subsection (a)--
                    (A) shall be objective, measurable, and reasonably 
                attainable; and
                    (B) shall include--
                            (i) standards generally applicable to all 
                        commercial outfitter operations marketed and 
                        available to visitors on Federal land;
                            (ii) standards specific to an individual 
                        outfitter operation or outfitted activity; and
                            (iii) such other terms and conditions of 
                        the standard outfitter contract or operating 
                        plan as are agreed to by the agency head and 
                        the authorized outfitter as measurements of 
                        performance.
            (2) Requirements.--In evaluating the level of performance 
        of an authorized outfitter with respect to the fulfillment of 
        the objectives described in subsection (a), an agency head--
                    (A) shall ensure that--
                            (i) the effect that any deficiency in the 
                        performance on the part of an authorized 
                        outfitter has on the performance rating 
                        determined for the authorized outfitter is 
                        proportionate to the severity of the deficiency 
                        and any harm that may have resulted from the 
                        deficiency; and
                            (ii) similar deficiencies found in the 
                        performance of different authorized outfitters 
                        result in similar effects on the respective 
                        performance ratings determined for the 
                        authorized outfitters;
                    (B) shall allow additional credit to be earned for 
                elements of performance that exceed the requirements of 
                the standard outfitter contract or operating plan; and
                    (C) shall appropriately account for factors beyond 
                the control of the outfitter including agency actions, 
                general market or other economic fluctuations, and 
                weather or other natural phenomena that resulted in 
                actions or conditions that adversely affected the 
                authorized outfitter's level of performance.
    (c) Levels of Performance.--An agency head shall define 3 levels of 
performance, as follows:
            (1) Good, indicating a level of performance that fulfills 
        the terms and conditions of the standard outfitter contract and 
        annual operating plan.
            (2) Marginal, indicating a level of performance that, if 
        not corrected, will result in an unsatisfactory level of 
        performance.
            (3) Unsatisfactory, indicating a level of performance that 
        threatens the public health and welfare, willfully damages a 
        resource, or demonstrates routine or gross violation of the 
        requirements of the standard outfitter contract or operating 
        plan.
    (d) Performance Evaluation.--
            (1) Evaluation system.--An agency head shall establish a 
        performance evaluation system that ensures the public of 
        continued availability of dependable outfitter operations and 
        eliminates authorized outfitters that fail to meet the required 
        standards.
            (2) Procedure.--An authorized outfitter shall be entitled--
                    (A) to be present, or represented, at inspections 
                of operations or facilities, which inspections shall be 
                limited to the operations and facilities of the 
                authorized outfitter located on Federal land;
                    (B) to receive written notice of any conduct or 
                condition that, if not corrected, might lead to a 
                performance evaluation of marginal or unsatisfactory, 
                which notice shall include an explanation of needed 
                corrections and provide a reasonable period of time in 
                which the corrections may be made without penalty; and
                    (C) to receive written notice of the results of the 
                performance evaluation not later than 30 days after the 
                conclusion of the authorized outfitter's operating 
                season, including the level of performance and the 
                status of corrections that may have been required.
    (e) Marginal Performance.--If an authorized outfitter's level of 
performance for a year is determined to be marginal, and the authorized 
outfitter fails to complete the corrections within the time specified 
as provided in subsection (d)(2)(B), the level of performance shall be 
determined to be unsatisfactory for the year.
    (f) Aggregation of Results.--
            (1) In general.--The results of all annual performance 
        evaluations of authorized outfitters shall be aggregated 
        following determination of the level of performance in the year 
        before the year in which the standard outfitter contract 
        expires to determine whether the authorized outfitter's overall 
        performance during the term has been good or unsatisfactory.
            (2) Good performance.--Overall performance during the term 
        of the standard outfitter contract shall be considered to be 
        good when annual performance has been determined to be good in 
        75 percent or more of the term of the standard outfitter 
        contract that occurs before the year in which the standard 
        outfitter contract expires.
            (3) Unsatisfactory performance in final year.--If a 
        determination of unsatisfactory performance is made with 
        respect to the final year of the term of a standard outfitter 
        contract, the calculation to determine overall performance 
        shall include that determination.
            (4) Notice.--Not later that 30 days after the close of the 
        evaluation period for the final year of a standard outfitter 
        contract, an agency head shall provide the authorized outfitter 
        an evaluation of the overall level of performance for the term 
        of the standard outfitter contract that shall serve as the 
        basis for determining eligibility for renewal under section 11.
    (g) Failure to Evaluate.--If an agency head fails to evaluate an 
authorized outfitter in any year of the term of a standard outfitter 
contract, the performance of the authorized outfitter in that year 
shall be considered to have been good.
    (h) Special Rule for Alaska.--For the purposes of this section, 
with respect to outfitted activities conducted in the State of Alaska, 
objectives and criteria relating to protection of natural resources and 
the taking of fish and game shall not be inconsistent with the laws 
(including regulations) of the Alaska Department of Fish and Game.

SEC. 11. REQUIREMENTS FOR RENEWAL OR TERMINATION OF STANDARD OUTFITTER 
              CONTRACTS.

    (a) Renewal at Expiration of Term.--
            (1) In general.--On a determination of good overall 
        performance under section 10 during the term of a standard 
        outfitter contract, an agency head shall renew the contract at 
        the request of the authorized outfitter subject to the terms 
        and conditions of this Act.
            (2) Effect.--A renewal of a standard outfitter contract 
        earned on a determination of good performance shall not have an 
        adverse effect on other rights and obligations that exist under 
        the standard outfitter contract.
    (b) Termination at Expiration of Term.--A renewal of a standard 
outfitter contract shall be denied on a determination of unsatisfactory 
overall performance under section 10.
    (c) Termination for Cause.--A standard outfitter contract may be 
terminated for cause if--
            (1) the authorized outfitter fails to correct conditions 
        with respect to which notice was provided under section 
        10(d)(2)(B) that are considered by the agency head to be of 
        significant importance with respect to the quality of 
        operations, the health and welfare of outfitted visitors, or 
        the protection of resources;
            (2) the authorized outfitter is repeatedly in arrears in 
        the payment of fees; or
            (3) the authorized outfitter's conduct demonstrates willful 
        and wanton disregard for the health and welfare of outfitted 
        visitors or other users of Federal land.

SEC. 12. TRANSFERABILITY OF STANDARD OUTFITTER CONTRACTS.

    (a) Transferability.--
            (1) In general.--A standard outfitter contract shall be 
        transferable on approval of the agency head, based solely on a 
        determination whether the proposed transferee is a qualified 
        transferee under paragraph (2) and on the considerations 
        described in paragraph (3).
            (2) Qualified transferees.--A standard outfitter contract 
        may be transferred to--
                    (A) a purchaser of the authorized outfitter, or of 
                all or a portion of the business operations or 
                facilities of the authorized outfitter, that satisfies 
                the criteria established under section 5(c)(1); or
                    (B) an assignee, partner, or stockholder or other 
                owner of an interest in the authorized outfitter, at 
                the request of authorized outfitter the transfer, or, 
                in the case of an authorized outfitter who is an 
                individual, an heir of the individual, on the death of 
                the individual.
            (3) Considerations.--In approving a transfer of a standard 
        outfitter contract to a qualified transferee, an agency head 
        shall--
                    (A) allow for recovery of the current authorized 
                outfitter's investment in the business; and
                    (B) allow a purchase price based on the value of 
                the business as a going concern or on any other basis 
                of valuation agreed to by the authorized outfitter and 
                the proposed transferee.
    (b) No Modification as Condition of Approval.--An agency head may 
not condition approval of a transfer of a standard outfitter contract 
on the acceptance by the proposed transferee of a modification of the 
contract.
    (c) Consideration Period.--If an agency head fails to approve or 
disapprove a transfer of a standard outfitter contract under subsection 
(a) within 90 days after receipt of an application containing the 
information required with respect to the transfer, the transfer shall 
be deemed to have been approved.
    (d) Continuance of Contract.--If a transfer of a standard outfitter 
contract is not approved by the agency head or if the transfer is not 
subsequently made, the standard outfitter contract shall remain in 
effect.

SEC. 13. APPEALS.

    (a) Appeals and Administrative Review.--
            (1) In general.--An authorized outfitter shall be entitled 
        to not less than 1 level of administrative review within an 
        agency to attempt to resolve any dispute arising under an 
        outfitter authorization.
            (2) Department of the interior.--An appeal or other 
        administrative review of a decision of an agency within the 
        Department of the Interior adjudicating any disputes arising 
        under this Act may be taken to the Board of Land Appeals of the 
        Department of the Interior under subtitle A of part 4 of title 
        43, Code of Federal Regulations (or any successor regulation).
            (3) Forest service.--An appeal or other administrative 
        review of a decision of the Forest Service adjudicating any 
        disputes arising under this Act--
                    (A) may be taken under section 251.80 of title 36, 
                Code of Federal Regulations (or any successor 
                regulation); and
                    (B) may be further pursued through an independent 
                de novo appeal before the Board of Contract Appeals 
                under subtitle A of part 24 of title 7, Code of Federal 
                Regulations (or any successor regulation).
    (b) Expedited Procedure.--Each agency head shall by regulation 
establish an expedited procedure for consideration of appeals of 
decisions to suspend, revoke, or terminate a standard outfitter 
contract.

SEC. 14. INSTITUTIONAL RECREATION PROGRAMS.

    (a) In General.--An agency head shall manage the occupancy and use 
of Federal land by institutional recreation programs that conduct 
outfitted activities under this Act, if appropriate, or as provided by 
other law.
    (b) Requirements.--An institutional recreation program shall--
            (1) operate in a manner that is consistent with resource 
        management plans;
            (2) provide for the health and welfare of members or 
        affiliated participants;
            (3) ensure the protection of resources; and
            (4) pay appropriate fees in amounts that are not less than 
        amounts that are sufficient to recover the cost to the agency 
        of regulating the provision of outfitting services by the 
        institutional recreation program.

SEC. 15. CONSISTENCY WITH OTHER LAW AND RIGHTS.

    (a) Consistency With Other Law.--Each outfitter program of an 
agency that administers Federal land subject to this Act shall be 
consistent with the agency's mission and laws applicable to the agency.
    (b) Consistency With Rights of United States.--Nothing in this Act 
limits or restricts any right, title, or interest of the United States 
in or to any land or resource.

SEC. 16. REGULATIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, each agency head shall promulgate a regulation to 
implement this Act.
    (b) Qualifications of Agency Personnel Assigned Outfitter 
Management Duties.--An agency head, by regulation under subsection (a) 
and taking into account the provisions of this Act, shall specify the 
minimum training and qualifications required for agency personnel 
assigned predominantly to management of commercial outfitting 
activities, including competency in--
            (1) business finance and management;
            (2) public health and safety; and
            (3) evaluation of the experiences of outfitted visitors.
    (c) Consistency of Regulations.--The regulations promulgated by the 
agency heads under subsection (a) shall be consistent among the various 
agencies, to the extent practicable, so as to--
            (1) increase efficiency;
            (2) simplify requirements for persons authorized to use 
        public resources;
            (3) provide the public with dependable outfitter 
        operations;
            (4) provide a fair return of revenue to the Federal 
        Government; and
            (5) ensure fair and reasonable management and 
        administration of outfitter operations conducted on Federal 
        land.
    (d) Interim Action.--Before publication of a final regulation under 
subsection (a), an agency head may not rely on any provision of this 
Act as cause for not awarding an outfitter authorization under 
authority existing before the date of enactment of this Act.

SEC. 17. RELATIONSHIP TO OTHER LAWS.

    (a) Upper Delaware Scenic and Recreational River.--Nothing in this 
Act amends, supersedes, or otherwise affects any provision of 
subsections (b) through (j) of section 704 of Public Law 95-625 (16 
U.S.C. 1274 note).
    (b) Superseded Provisions.--The provisions of this Act shall 
supersede the provisions of the following Acts the provisions pertain 
to outfitter authorizations:
            (1) The Act entitled ``An Act to establish a National Park 
        Service, and for other purposes'', approved August 25, 1916 
        (commonly known as the ``National Park Service Organic Act'') 
        (16 U.S.C. 1 et seq.).
            (2) The Act entitled ``An Act to facilitate the 
        administration of the national parks by the United States 
        Department of the Interior, and for other purposes'', approved 
        May 26, 1930 (16 U.S.C. 17 et seq.).
            (3) Public Law 89-249 (commonly known as the ``National 
        Park System Concessions Policy Act'') (16 U.S.C. 20 et seq.).
            (4) Public Law 91-383 (16 U.S.C. 1a-1 et seq.).
            (5) The Federal Water Project Recreation Act (16 U.S.C. 
        460l-12 et seq.).
            (6) The paragraphs under the heading ``surveying the public 
        lands.'' under the heading ``UNDER THE DEPARTMENT OF THE 
        INTERIOR.'' in the first section of the Act of June 4, 1897 
        (commonly known as the ``Organic Administration Act of 1897'') 
        (30 Stat. 32, chapter 2; 16 U.S.C. 473-475, 477-482, 551).
            (7) The last paragraph under the heading ``General 
        Expenses, Forest Service'' under the heading ``FOREST 
        SERVICES.'' in the first section of the Act of March 4, 1915 
        (commonly known as the ``Occupancy Permits Act'') (38 Stat. 
        1101; 16 U.S.C. 497).
            (8) The Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            (9) The National Trails System Act (16 U.S.C. 1241 et 
        seq.).
            (10) The Act entitled ``An Act relating to the revested 
        Oregon and California Railroad and reconveyed Coos Bay Wagon 
        Road grant lands situated in the state of Oregon'', approved 
        August 28, 1937 (commonly known as the ``Oregon and California 
        Grant Lands Act of 1937'') (43 U.S.C. 1181a et seq.).
            (11) Public Law 87-714 (commonly known as the ``Refuge 
        Recreation Act'') (16 U.S.C. 460k et seq.).
            (12) The National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.).
            (13) The Land and Water Conservation Fund Act of 1965 (16 
        U.S.C. 460l-4 et seq.).
            (14) The Fish and Wildlife Coordination Act (16 U.S.C. 661 
        et seq.).
            (15) The Contract Disputes Act of 1978 (41 U.S.C. 601 et 
        seq.).

SEC. 18. TRANSITION PROVISIONS.

    (a) In General.--
            (1) Outfitters with satisfactory ratings.--An outfitter 
        that holds a special use permit or a concessioner permit or 
        contract (or extension of such a permit or contract) in effect 
        on the date of enactment of this Act shall be entitled, on 
        request, to the issuance of a standard outfitter contract under 
        this Act if a recent performance evaluation determined that the 
        outfitter's aggregate performance under the permit or contract 
        is satisfactory, acceptable, or the equivalent.
            (2) Outfitters with no ratings.--For the purpose of 
        paragraph (1), if no recent performance evaluation exists with 
        respect to an outfitter, the outfitter's aggregate performance 
        under the permit or contract shall be deemed to be 
        satisfactory.
    (b) Effect of Issuance.--The issuance of a standard outfitter 
contract under subsection (a) shall not adversely affect rights and 
obligations that exist under the permit or contract (or an extension of 
the permit or contract) on the date of enactment of this Act.
                                 <all>