[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1969 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1969

  To provide for improved management of, and increased accountability 
   for, outfitted activities by which the public gains access to and 
       occupancy and use of Federal land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 1999

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

_______________________________________________________________________

                                 A BILL


 
  To provide for improved management of, and increased accountability 
   for, outfitted activities by which the public gains access to and 
       occupancy and use of 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 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the experience, skills, trained staff, and investment 
        in equipment that are provided by authorized outfitters are 
        necessary to provide access to Federal land to members of the 
        public that need or desire commercial outfitted activities to 
        facilitate their use and enjoyment of recreational or 
        educational opportunities on Federal land;
            (2) such activities constitute an important contribution 
        toward meeting the recreational and educational objectives of 
        resource management plans approved and administered by agencies 
        of the Department of Agriculture and the Department of the 
        Interior;
            (3) an effective relationship between those agencies and 
        authorized outfitters requires implementation of agency 
        policies and programs that provide for--
                    (A) a reasonable opportunity for an authorized 
                outfitter to realize a profit;
                    (B) a fair and reasonable return to the United 
                States through appropriate fees;
                    (C) renewal of outfitter permits based on a 
                performance evaluation system that rewards outfitters 
                that meet required performance standards and 
                discontinues outfitters that fail to meet those 
                standards; and
                    (D) transfer of an outfitter permit to the 
                qualified purchaser of the operation of an authorized 
                outfitter, an heir or assign, or another qualified 
                person or entity; and
            (4) 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 over the taking of fish and wildlife on Federal land.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish terms and conditions of access to, and 
        occupancy and use of, Federal land by visitors who require or 
        desire the assistance of an authorized outfitter; and
            (2) to establish a stable regulatory climate that 
        encourages a qualified person or entity to provide, and to 
        continue to invest in the ability to provide, outfitted 
        visitors with access to, and occupancy and use of, Federal 
        land.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Actual use.--The term ``actual use'' means the portion 
        of a principal allocation of outfitter use that an authorized 
        outfitter uses in conducting commercial outfitted activities 
        during a period, for a type of use, for a location, or in terms 
        of another measurement of the term or outfitted activities 
        covered by an outfitter permit.
            (2) Allocation of use.--
                    (A) In general.--The term ``allocation of use'' 
                means a method or measurement of access that--
                            (i) is granted by the Secretary to an 
                        authorized outfitter for the purpose of 
                        facilitating the occupancy and use of Federal 
                        land by an outfitted visitor;
                            (ii) takes the form of--
                                    (I) an amount or type of commercial 
                                outfitted activity resulting from an 
                                apportionment of the total recreation 
                                capacity of a resource area; or
                                    (II) in the case of a resource area 
                                for which recreation capacity has not 
                                been apportioned, a type of commercial 
                                outfitted activity conducted in a 
                                manner that is not inconsistent with or 
                                incompatible with an approved resource 
                                management plan; and
                            (iii) is calibrated in terms of amount of 
                        use, type of use, or location of a commercial 
                        outfitted activity, including user days or 
                        portions of user days, seasons or other periods 
                        of operation, launch dates, assigned camps, or 
                        other formulations of the type or amount of 
                        authorized activity.
                    (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.
            (3) Authorized outfitter.--
                    (A) In general.--The term ``authorized outfitter'' 
                means a person that conducts a commercial outfitted 
                activity on Federal land under an outfitter 
                authorization.
                    (B) Inclusion.--The term ``authorized outfitter'' 
                includes an outfitter that conducts a commercial 
                outfitted activity on Federal land under an outfitter 
                authorization awarded under an agreement between the 
                Secretary and a State or local government that provides 
                for the regulation by a State or local agency of 
                commercial outfitted activities on Federal land.
            (4) Commercial outfitted activity.--The term ``commercial 
        outfitted activity'' means an authorized outfitted activity--
                    (A) that is available to the public;
                    (B) that is conducted under the direction of paid 
                staff; and
                    (C) for which an outfitted visitor is required to 
                pay more than shared expenses (including payment to an 
                authorized outfitter that is a nonprofit organization).
            (5) Federal agency.--The term ``Federal agency'' means--
                    (A) the Forest Service;
                    (B) the Bureau of Land Management;
                    (C) the United States Fish and Wildlife Service; 
                and
                    (D) the Bureau of Reclamation.
            (6) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                all land and interests in land administered by a 
                Federal 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.
            (7) 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 sponsored and 
        guided 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 college 
                or university.
            (8) Limited outfitter authorization.--The term ``limited 
        outfitter authorization'' means an outfitter authorization 
        under section 6(f).
            (9) Livery.--The term ``livery'' means the dropping off or 
        picking up of visitors, supplies, or equipment on Federal land.
            (10) Outfitted activity.--
                    (A) In general.--The term ``outfitted activity'' 
                means an activity--
                            (i) such as outfitting, guiding, 
                        supervision, education, interpretation, skills 
                        training, assistance, or livery operation 
                        conducted for a member of the public in an 
                        outdoor environment; and
                            (ii) that uses the recreational, natural, 
                        historical, or cultural resources of Federal 
                        land.
                    (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).
            (11) Outfitted visitor.--The term ``outfitted visitor'' 
        means a member of the public that relies on an authorized 
        outfitter for access to and occupancy and use of Federal land.
            (12) Outfitter.--The term ``outfitter'' means a person that 
        conducts a commercial outfitted activity, including a person 
        that, by local custom or tradition, is known as a ``guide''.
            (13) Outfitter authorization.--The term ``outfitter 
        authorization'' means--
                    (A) an outfitter permit; or
                    (B) a limited outfitter authorization.
            (14) Outfitter permit.--The term ``outfitter permit'' means 
        an outfitter permit under section 6.
            (15) Principal allocation of outfitter use.--The term 
        ``principal allocation of outfitter use'' means a commitment by 
        the Secretary in an outfitter permit for an allocation of use 
        to an authorized outfitter in accordance with section 9.
            (16) Resource area.--The term ``resource area'' means a 
        management unit that is described by or contained within the 
        boundaries of--
                    (A) a national forest;
                    (B) an area of public land;
                    (C) a wildlife refuge;
                    (D) a congressionally designated area;
                    (E) a hunting zone or district; or
                    (F) any other Federal planning unit (including an 
                area in which outfitted activities are regulated by 
                more than 1 Federal agency).
            (17) Secretary.--The term ``Secretary'' means--
                    (A) with respect to Federal land administered by 
                the Forest Service, the Secretary of Agriculture, 
                acting through the Chief of the Forest Service or a 
                designee;
                    (B) with respect to Federal land administered by 
                the Bureau of Land Management, the Secretary of the 
                Interior, acting through the Director of the Bureau of 
                Land Management or a designee;
                    (C) with respect to Federal land administered by 
                the United States Fish and Wildlife Service, the 
                Secretary of the Interior, acting through the Director 
                of the United States Fish and Wildlife Service or a 
                designee; and
                    (D) with respect to Federal land administered by 
                the Bureau of Reclamation, the Secretary of the 
                Interior, acting through the Commissioner of 
                Reclamation or a designee.
            (18) Temporary allocation of use.--The term ``temporary 
        allocation of use'' means an allocation of use to an authorized 
        outfitter in accordance with section 9.

SEC. 5. NONOUTFITTER USE AND ENJOYMENT.

    Nothing in this Act enlarges or diminishes the right or privilege 
of occupancy and use of Federal land under any applicable law 
(including planning process rules and any administrative allocation), 
by a commercial or noncommercial individual or entity that is not an 
authorized outfitter or outfitted visitor.

SEC. 6. OUTFITTER AUTHORIZATIONS.

    (a) In General.--
            (1) Prohibition.--No person or entity, except an authorized 
        outfitter, shall conduct a commercial 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) Special rule for alaska.--With respect to a commercial 
        outfitted activity conducted in the State of Alaska, the 
        Secretary 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).
    (b) Terms and Conditions.--An outfitter authorization shall 
specify--
            (1) the rights and obligations of the authorized outfitter 
        and the Secretary; and
            (2) other terms and conditions of the authorization.
    (c) Criteria for Award of an Outfitter Permit.--The Secretary shall 
establish criteria for award of an outfitter permit that--
            (1) identify skilled, experienced, and financially capable 
        persons or entities with knowledge of the resource area to 
        offer and conduct commercial outfitted activities;
            (2) provide a stable regulatory climate in accordance with 
        this Act and other law (including regulations) that encourages 
        a qualified person or entity to provide, and to continue to 
        invest in the ability to provide, commercial outfitted 
        activities;
            (3) offer a reasonable opportunity for an authorized 
        outfitter to realize a profit; and
            (4) subordinate considerations of revenue to the United 
        States to the objectives of--
                    (A) providing recreational or educational 
                opportunities for the outfitted visitor;
                    (B) providing for the health and welfare of the 
                public; and
                    (C) conserving resources.
    (d) Award.--
            (1) In general.--The Secretary may award an outfitter 
        permit under this Act if--
                    (A) the commercial outfitted activity to be 
                authorized is not inconsistent with or incompatible 
                with an approved resource management plan applicable to 
                the resource area in which the commercial outfitted 
                activity is to be conducted; and
                    (B) the authorized outfitter meets the criteria 
                established under subsection (c)(1).
            (2) Use of competitive process.--
                    (A) In general.--Except as otherwise provided by 
                this Act, the Secretary shall use a competitive process 
                to select an authorized outfitter to which an outfitter 
                permit is to be awarded.
                    (B) Exception for certain activities.--The 
                Secretary may award an outfitter permit to an applicant 
                without conducting a competitive selection process if 
                the Secretary determines that--
                            (i) the applicant meets criteria 
                        established by the Secretary under subsection 
                        (c); and
                            (ii) there is no competitive interest in 
                        the commercial outfitted activity to be 
                        conducted.
                    (C) Exception for renewals and transfers.--The 
                Secretary shall award an outfitter permit to an 
                applicant without conducting a competitive selection 
                process if the authorization is a renewal or transfer 
                of an existing outfitter permit under section 11 or 12.
    (e) Provisions of Outfitter Permits.--
            (1) In general.--An outfitter permit shall provide for--
                    (A) the health and welfare of the public;
                    (B) conservation of resource values;
                    (C) a fair and reasonable return to the United 
                States through an authorization fee in accordance with 
                section 7;
                    (D) a term of 10 years;
                    (E) the obligation of an authorized outfitter to 
                defend and indemnify the United States in accordance 
                with section 8;
                    (F) a principal allocation of outfitter use, and, 
                if appropriate, a temporary allocation of use, in 
                accordance with section 9;
                    (G) a plan to conduct performance evaluations in 
                accordance with section 10;
                    (H) renewal or termination of an outfitter permit 
                in accordance with section 11;
                    (I) transfer of an outfitter permit in accordance 
                with section 12;
                    (J) a means of modifying an outfitter permit to 
                reflect material changes from the terms and conditions 
                specified in the outfitter permit;
                    (K) notice of a right of appeal and judicial review 
                in accordance with section 14; and
                    (L) such other terms and conditions as the 
                Secretary may require.
            (2) Extensions.--The Secretary may award not more than 3 
        temporary 1-year extensions of an outfitter permit, unless the 
        Secretary determines that extraordinary circumstances warrant 
        additional extensions.
    (f) Limited Outfitter Authorizations.--
            (1) In general.--The Secretary may issue a limited 
        outfitter authorization to an applicant for incidental 
        occupancy and use of Federal land for the purpose of conducting 
        a commercial 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 Secretary.

SEC. 7. AUTHORIZATION FEES.

    (a) Amount of Fee.--
            (1) In general.--An outfitter permit shall provide for 
        payment to the United States of a fair and reasonable 
        authorization fee, as determined by the Secretary.
            (2) Determination of amount of fee.--In determining the 
        amount of an authorization fee, the Secretary shall take into 
        consideration--
                    (A) the obligations of the outfitter under the 
                outfitter permit;
                    (B) the provision of a reasonable opportunity for 
                net profit in relation to capital invested; and
                    (C) economic conditions.
    (b) Establishment of Amount Applicable to an Outfitter Permit.--
            (1) In general.--The amount of the authorization fee paid 
        to the United States for the term of an outfitter permit shall 
        be specified in the outfitter permit.
            (2) Requirements.--The amount of the authorization fee--
                    (A)(i) shall be expressed as--
                                    (I) a simple charge per day of 
                                actual use; or
                                    (II) an annual or seasonable flat 
                                fee;
                            (ii) if calculated as a percentage of 
                        revenue, shall be determined based on adjusted 
                        gross receipts; or
                            (iii) with respect to a commercial 
                        outfitted activity conducted in the State of 
                        Alaska, shall be based on a simple charge per 
                        user day;
                    (B) shall be subordinate to the objectives of--
                            (i) conserving resources;
                            (ii) protecting the health and welfare of 
                        the public; and
                            (iii) providing reliable, consistent 
                        performance in conducting outfitted activities; 
                        and
                    (C) shall be required to be paid by an authorized 
                outfitter to the United States on a reasonable schedule 
                during the operating season.
            (3) Adjusted gross receipts.--For the purpose of paragraph 
        (2)(A)(ii), the Secretary shall--
                    (A) take into consideration revenue from the gross 
                receipts of the authorized outfitter from commercial 
                outfitted activities conducted on Federal land; and
                    (B) exclude from consideration any revenue that is 
                derived from--
                            (i) fees paid by the authorized outfitter 
                        to any unit of Federal, State, or local 
                        government for--
                                    (I) hunting or fishing licenses;
                                    (II) entrance or recreation fees; 
                                or
                                    (III) other purposes (other than 
                                commercial outfitted activities 
                                conducted on Federal land);
                            (ii) goods and services sold to outfitted 
                        visitors that are not within the scope of 
                        authorized outfitter activities conducted on 
                        Federal land; or
                            (iii) operations on non-Federal land.
            (4) Substantially similar services in a specific geographic 
        area.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if more than 1 outfitter permit is awarded to 
                conduct the same or similar commercial outfitted 
                activities in the same resource area, the Secretary 
                shall establish an identical fee for all such outfitter 
                permits.
                    (B) Exception.--The terms and conditions of an 
                existing outfitter permit shall not be subject to 
                modification or open to renegotiation by the Secretary 
                because of the award of a new outfitter permit at the 
                same resource area for the same or similar commercial 
                outfitted activities.
            (5) Actual use.--
                    (A) In general.--For the purpose of calculating an 
                authorization fee for actual use under clauses (ii) and 
                (iii) of paragraph (2)(A), the sum of authorization 
                fees proportionately assessed per outfitted visitor in 
                a single calendar day for commercial outfitted 
                activities at more than 1 resource area shall be not 
                greater than the equivalent fee charged for 1 full user 
                day.
                    (B) Reconsideration of fee.--The authorization fee 
                may be reconsidered during the term of the outfitter 
                permit in accordance with paragraph (6) or section 
                9(c)(3) at the request of the Secretary or the 
                authorized outfitter.
            (6) Adjustment of fees.--The amount of an authorization 
        fee--
                    (A) shall be determined as of the date of the 
                outfitter permit; and
                    (B) may be modified to reflect--
                            (i) changes relating to the terms and 
                        conditions of the outfitter permit, including 1 
                        or more outfitter permits described in 
                        paragraph (5);
                            (ii) extraordinary unanticipated changes 
                        affecting operating conditions, such as natural 
                        disasters, economic conditions, or other 
                        material adverse changes from the terms and 
                        conditions specified in the outfitter permit;
                            (iii) changes affecting operating or 
                        economic conditions determined by other 
                        governing entities, such as the availability of 
                        State fish or game licenses; or
                            (iv) the imposition of new or higher fees 
                        assessed under other law.
    (c) Establishment of Amount Applicable to a Limited Outfitter 
Authorization.--The Secretary shall determine the amount of an 
authorization fee, if any, under a limited outfitter authorization.

SEC. 8. 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 a commercial 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 a commercial 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 commercial 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. 9. ALLOCATION OF USE.

    (a) In General.--In a manner that is not inconsistent with or 
incompatible with an approved resource management plan applicable to 
the resource area in which a commercial outfitted activity occurs, the 
Secretary--
            (1) shall provide a principal allocation of outfitter use 
        to an authorized outfitter under an outfitter permit; and
            (2) may provide a temporary allocation of use to an 
        authorized outfitter under an outfitter permit.
    (b) Renewals, Transfers, and Extensions.--The Secretary shall 
provide a principal allocation of outfitter use to an authorized 
outfitter that--
            (1) in the case of the renewal of an outfitter permit, is 
        not inconsistent with or incompatible with the terms and 
        conditions of an approved resource management plan applicable 
        to the resource area in which the commercial outfitted activity 
        occurs; or
            (2) in the case of the transfer or temporary extension of 
        an outfitter permit, is the same amount of principal allocation 
        of outfitter use provided to the current authorized outfitter.
    (c) Waiver.--
            (1) In general.--At the request of an authorized outfitter, 
        the Secretary may waive any obligation of the authorized 
        outfitter to use all or part of the amount of allocation of use 
        provided under the outfitter permit, if the request is made in 
        sufficient time to allow the Secretary to temporarily 
        reallocate the unused portion of the allocation of use in that 
        season or calendar year.
            (2) Reclaiming of allocation of use.--Unless the Secretary 
        has reallocated the unused portion of an allocation of use in 
        accordance with paragraph (1), the authorized outfitter may 
        reclaim any part of the unused portion in that season or 
        calendar year.
            (3) No fee obligation.--An outfitter permit fee may not be 
        charged for any amount of allocation of use subject to a waiver 
        under paragraph (1).
    (d) Adjustment to Allocation of Use.--The Secretary--
            (1) may adjust an allocation of use assigned to an 
        authorized outfitter to reflect--
                    (A) material change arising from approval of a 
                change in the resource management plan for the area of 
                operation; or
                    (B) requirements arising under other law; and
            (2) shall provide an authorized outfitter with 
        documentation supporting the basis for any adjustment in the 
        principal allocation of outfitter use, including new terms and 
        conditions that result from the adjustment.
    (e) Temporary Allocation of Use.--
            (1) In general.--A temporary allocation of use may be 
        provided to an authorized outfitter at the discretion of the 
        Secretary for a period not to exceed 2 years.
            (2) Renewals, transfers, and extensions.--A temporary 
        allocation of use may be renewed, transferred, or extended at 
        the discretion of the Secretary.

SEC. 10. EVALUATION OF PERFORMANCE UNDER OUTFITTER PERMITS.

    (a) Evaluation Process.--
            (1) In general.--The Secretary shall develop a process for 
        annual evaluation of the performance of an authorized outfitter 
        in conducting a commercial outfitted activity under an 
        outfitter permit.
            (2) Evaluation criteria.--Criteria to be used by the 
        Secretary to evaluate the performance of an authorized 
        outfitter shall--
                    (A) be objective, measurable, and reasonably 
                attainable; and
                    (B) include--
                            (i) standards generally applicable to all 
                        commercial outfitted activities;
                            (ii) standards specific to a resource area, 
                        an individual outfitter operation, or a type of 
                        commercial outfitted activity; and
                            (iii) such other terms and conditions of 
                        the outfitter permit as are agreed to by the 
Secretary and the authorized outfitter as measurements of performance.
            (3) Special rule for alaska.--With respect to commercial 
        outfitted activities conducted in the State of Alaska, 
        objectives relating to conservation 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.
            (4) Requirements.--In evaluating the level of performance 
        of an authorized outfitter, the Secretary shall--
                    (A) appropriately account for factors beyond the 
                control of the authorized outfitter, including 
                conditions described in section 7(b)(6)(B);
                    (B) ensure that the effect of any performance 
                deficiency reflected by the performance rating is 
                proportionate to the severity of the deficiency, 
                including any harm that may have resulted from the 
                deficiency; and
                    (C) allow additional credit to be earned for 
                elements of performance that exceed the requirements of 
                the outfitter permit.
    (b) Levels of Performance.--The Secretary shall define 3 levels of 
performance, as follows:
            (1) Good, indicating a level of performance that fulfills 
        the terms and conditions of the outfitter permit.
            (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 
        fails to fulfill the terms and conditions of the outfitter 
        permit.
    (c) Performance Evaluation.--
            (1) Evaluation system.--The Secretary shall establish a 
        performance evaluation system that assures the public of 
        continued availability of dependable commercial outfitted 
        activities and discontinues any authorized outfitter that fails 
        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.
    (d) 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 period 
specified under subsection (c)(2)(B), the level of performance shall be 
determined to be unsatisfactory for the year.
    (e) Determination of Eligibility for Renewal.--
            (1) In general.--The results of all annual performance 
        evaluations of an authorized outfitter shall be reviewed by the 
        Secretary in the year preceding the year in which the outfitter 
        permit expires to determine whether the authorized outfitter's 
        overall performance during the term has met the requirements 
        for renewal under section 11.
            (2) Failure to evaluate.--If, in any year of the term of an 
        outfitter permit, the Secretary fails to evaluate the 
        performance of the authorized outfitter by the date that is 60 
        days after the conclusion of the authorized outfitter's 
        operating season, the performance of the authorized outfitter 
        in that year shall be considered to have been good.
            (3) Notice.--Not later than 60 days after the end of the 
        year preceding the year in which an outfitter permit expires, 
        the Secretary shall provide the authorized outfitter with the 
        cumulative results of performance evaluations conducted under 
        this subsection during the term of the outfitter permit.
            (4) Unsatisfactory performance in final year.--If an 
        authorized outfitter receives an unsatisfactory performance 
        rating under subsection (d) in the final year of the term of an 
        outfitter permit, the review and determination of eligibility 
        for renewal of the outfitter permit under paragraph (1) shall 
        be revised to reflect that result.

SEC. 11. RENEWAL OR TERMINATION OF OUTFITTER PERMITS.

    (a) Renewal at Expiration of Term.--
            (1) In general.--On expiration of the term of an outfitter 
        authorization, the Secretary shall renew the authorization in 
        accordance with paragraph (2).
            (2) Determination based on annual performance rating.--The 
        Secretary shall renew an outfitter authorization under 
        paragraph (1) at the request of the authorized outfitter and 
        subject to the requirements of this Act if the Secretary 
        determines that the authorized outfitter has received not more 
        than 1 unsatisfactory annual performance rating under section 
        10 during the term of the outfitter permit.
    (b) Termination.--An outfitter permit may be terminated only if the 
Secretary determines that--
            (1) the authorized outfitter has failed to correct a 
        condition for which the authorized outfitter received notice 
        under section 10(c)(2)(B) and the condition is considered by 
        the Secretary to be significant with respect to the health and 
        welfare of outfitted visitors or the conservation of resources;
            (2) the authorized outfitter is repeatedly in arrears in 
        the payment of fees under section 7; or
            (3) the authorized outfitter's conduct demonstrates 
        repeated and willful disregard for--
                    (A) the health and welfare of outfitted visitors; 
                or
                    (B) the conservation of resources on which the 
                commercial outfitted activities are conducted.

SEC. 12. TRANSFERABILITY OF OUTFITTER PERMITS.

    (a) In General.--An outfitter permit shall not be transferred 
(including assigned or otherwise conveyed or pledged) by the authorized 
outfitter without prior written notification to, and approval by, the 
Secretary.
    (b) Approval.--
            (1) In general.--The Secretary shall approve a transfer of 
        an outfitter permit unless the Secretary determines that the 
        transferee does not have sufficient professional, financial, 
        and other resources or business experience to be capable of 
        performing under the outfitter permit for the remainder of the 
        term of the outfitter permit.
            (2) Qualified transferees.--Subject to section 6(d)(1), the 
        Secretary shall approve a transfer of an outfitter permit--
                    (A) to a purchaser of the operation of the 
                authorized outfitter;
                    (B) at the request of the authorized outfitter, to 
                an assignee, partner, or stockholder or other owner of 
                an interest in the operation of the authorized 
                outfitter; or
                    (C) on the death of the authorized outfitter, to an 
                heir or assign.
    (c) No Modification as Condition of Approval.--The terms and 
conditions of an outfitter permit shall not be subject to modification 
or open to renegotiation by the Secretary because of a transfer 
described in subsection (a), unless the terms and conditions of the 
outfitter permit that is proposed to be transferred have become 
inconsistent or incompatible with an approved resource management plan 
for the resource area as a result of a modification to the plan.
    (d) Consideration Period.--
            (1) Threshold for automatic approval.--Subject to paragraph 
        (2), if the Secretary fails to approve or disapprove the 
        transfer of an outfitter permit within 90 days after the date 
        of receipt of an application containing the information 
        required with respect to the transfer, the transfer shall be 
        deemed to have been approved.
            (2) Extension.--The Secretary and the authorized outfitter 
        making application for transfer of an outfitter permit may 
        agree to extend the period for consideration of the 
        application.
    (e) Continuance of Outfitter Permit.--If the transfer of an 
outfitter permit is not approved by the Secretary or if the transfer is 
not subsequently made, the outfitter permit shall remain in effect.

SEC. 13. RECORDKEEPING REQUIREMENTS.

    (a) In General.--An authorized outfitter shall keep such reasonable 
records as the Secretary may require to enable the Secretary to 
determine that all the terms of the outfitter authorization have been 
and are being carried out.
    (b) Burden on Authorized Outfitter.--The recordkeeping requirements 
established by the Secretary shall incorporate simplified procedures 
that do not impose an undue burden on an authorized outfitter.
    (c) Access to Records.--The Secretary, or an authorized 
representative of the Secretary, shall, until the end of the fifth 
calendar year beginning after the end of the business year of an 
authorized outfitter, have access to and the right to examine any 
books, papers, documents, and records of the authorized outfitter 
relating to each outfitter authorization held by the authorized 
outfitter during the business year.

SEC. 14. APPEALS AND JUDICIAL REVIEW.

    (a) Appeals Procedure.--The Secretary shall by regulation--
            (1) grant an authorized outfitter full access to 
        administrative remedies under the Secretary's authority at the 
        time of an appeal; and
            (2) establish an expedited procedure for consideration of 
        appeals of Federal agency decisions to deny, suspend, fail to 
        renew, or terminate an outfitter permit.
    (b) Judicial Review.--An authorized outfitter that is adversely 
affected by a final decision of the Secretary under this Act may 
commence a civil action in United States district court.

SEC. 15. INSTITUTIONAL RECREATION PROGRAMS.

    (a) In General.--The Secretary shall manage the occupancy and use 
of Federal land by institutional recreation programs that conduct 
outfitted activities under this Act.
    (b) Requirements.--In managing an institutional recreation program 
authorized under this Act, the Secretary shall require that the 
program--
            (1) operate in a manner that is not inconsistent with or 
        incompatible with an approved resource management plan 
        applicable to the resource area in which the outfitted activity 
        is conducted;
            (2) provide for the health and welfare of members of the 
        sponsoring organization or affiliated participants; and
            (3) ensure the conservation of resources.

SEC. 16. CONSISTENCY WITH OTHER LAW AND RIGHTS.

    (a) Consistency With Other Law.--Each program of outfitted 
activities carried out on Federal land shall be consistent with the 
mission of the administering Federal agency and all laws (including 
regulations) applicable to the outfitted activities.
    (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. 17. REGULATIONS.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall promulgate such regulations as are appropriate to carry 
out this Act.

SEC. 18. RELATIONSHIP TO OTHER LAW.

    (a) National Park Omnibus Management Act of 1998.--Nothing in this 
Act supersedes or otherwise affects any provision of title IV of the 
National Park Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.).
    (b) State Outfitter Licensing Law.--This Act does not preempt any 
outfitter or guide licensing law (including any regulation) of any 
State or territory.

SEC. 19. TRANSITION PROVISIONS.

    (a) In General.--
            (1) Outfitters with satisfactory ratings.--An outfitter 
        that holds a permit, contract, or other authorization to 
        conduct commercial outfitted activities (or an extension of 
        such a permit, contract, or other authorization) in effect on 
        the date of enactment of this Act shall be entitled, on request 
        or on expiration of the authorization, to the issuance of an 
        outfitter permit under this Act if a recent performance 
        evaluation determined that the outfitter's aggregate 
        performance under the permit, contract, or other authorization 
        was good or was the equivalent of good, satisfactory, or 
        acceptable under a rating system in use before the date of 
        enactment of this Act.
            (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, contract, or other authorization shall be 
        deemed to be good.
    (b) Effect of Issuance of Outfitter Permit.--The issuance of an 
outfitter permit under subsection (a) shall not adversely affect any 
right or obligation that existed under the permit, contract, or other 
authorization (or an extension of the permit, contract, or other 
authorization) on the date of enactment of this Act.
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