[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2386 Reported in House (RH)]

                                                 Union Calendar No. 472
107th CONGRESS
  2d Session
                                H. R. 2386

                      [Report No. 107-752, Part I]

 To establish terms and conditions for use of certain Federal lands by 
outfitters and to facilitate public opportunities for the recreational 
                    use and enjoyment of such lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

 Mr. Hansen (for himself, Mr. Otter, Mr. Young of Alaska, Mrs. Cubin, 
Mr. Pickering, Mr. Hayes, Mr. Simpson, Mr. Radanovich, Mr. Cannon, Mr. 
  Gibbons, Mr. Peterson of Pennsylvania, Mr. Rehberg, and Mr. Duncan) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                            October 15, 2002

                Reported from the Committee on Resources

                            October 15, 2002

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than October 15, 2002

                            October 15, 2002

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To establish terms and conditions for use of certain Federal lands by 
outfitters and to facilitate public opportunities for the recreational 
                    use and enjoyment of such lands.

    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 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The experience, skills, trained staff, and investment 
        in equipment that are provided by authorized outfitters are 
        necessary for 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 facilitate--
                    (A)(i) quality outfitting services to the public; 
                and
                    (ii) the authorized outfitter having a reasonable 
                opportunity to engage in a successful business venture;
                    (B) a 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 withdraws 
                authorizations for 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.
            (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 as follows:
            (1) To establish terms and conditions for occupancy and use 
        of Federal land by an authorized outfitter.
            (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 conduct outfitted 
        activities on Federal land.
            (3) To facilitate opportunities for recreational use of 
        public lands by that segment of the public that needs or wants 
        to use the services of outfitters and guides.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (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, in an area or based on some 
        other measurement.
            (2) Allocation of use.--
                    (A) In general.--The term ``allocation of use'' 
                means a measurement of use 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, 
                        hunt, gun, or fish days 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.--The term ``authorized 
        outfitter'' means a person or entity that conducts a commercial 
outfitted activity on Federal land under an outfitter authorization.
            (4) Commercial outfitted activity.--The term ``commercial 
        outfitted activity'' means an authorized outfitted activity 
        conducted on Federal lands--
                    (A) that is available to the public;
                    (B) that is conducted under the direction of 
                compensated individuals; and
                    (C) for which an outfitted visitor is required to 
                pay more than a strict sharing of actual 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) Outfitted activity.--The term ``outfitted activity'' 
        means an activity--
                    (A) 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
                    (B) that uses the recreational, natural, 
                historical, or cultural resources of Federal land.
            (8) Outfitted visitor.--The term ``outfitted visitor'' 
        means a member of the public that engages an authorized 
        outfitter to facilitate occupancy and use of Federal land.
            (9) Outfitter.--The term ``outfitter'' means a person or 
        entity that conducts a commercial outfitted activity, including 
        a person who, by local custom or tradition, is known as a 
        guide.
            (10) Outfitter authorization.--The term ``outfitter 
        authorization'' means--
                    (A) an outfitter permit;
                    (B) a temporary outfitter authorization; or
                    (C) an authorization to use and occupy Federal land 
                that references this Act as its authority.
            (11) Outfitter permit.--The term ``outfitter permit'' means 
        an outfitter permit under section 6.
            (12) Principal allocation of outfitter use.--The term 
        ``principal allocation of outfitter use'' means a grant by the 
        Secretary in an outfitter permit for an allocation of use to an 
        authorized outfitter in accordance with section 9.
            (13) 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 one Federal agency).
            (14) 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.
            (15) Temporary allocation of use.--The term ``temporary 
        allocation of use'' means an allocation of use to an authorized 
        outfitter in accordance with section 9.
            (16) Temporary outfitter authorization.--The term 
        ``temporary outfitter authorization'' means an outfitter 
        authorization under section 6(f).

SEC. 5. NONOUTFITTER USE AND ENJOYMENT.

    Nothing in this Act is intended to diminish any right or privilege 
of occupancy and use of Federal land by the public including the 
nonoutfitted 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 activity.--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 special 
        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 privileges of the authorized outfitter 
        and the Secretary; and
            (2) other terms and conditions of the authorization.
    (c) Criteria for Grant of an Outfitter Permit.--The Secretary shall 
establish criteria for grant of an outfitter permit that--
            (1) recognize skill, experience, knowledge of the resource 
        area, and financial capability of the persons or entity under 
        consideration;
            (2) consider any or all of the following: safety, quality 
        recreational experience, educational opportunities, and 
        conservation of resources for the outfitted visitor;
            (3) offer a reasonable opportunity for an authorized 
        outfitter to engage in a successful business venture;
            (4) create a stable regulatory climate that encourages an 
        authorized outfitter to provide and invest in the ability to 
        provide quality services to the outfitted visitor; and
            (5) assure revenue paid to the United States provided this 
        consideration is subordinate to the other criteria of this 
        subsection.
    (d) Grant.--
            (1) In general.--The Secretary may grant 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 considered; 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.
                    (B) Exception for certain activities.--The 
                Secretary may grant 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 grant 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 return to the United States through an 
                authorization fee in accordance with section 7;
                    (D) a term of 10 years except as provided in 
                paragraph (3) below;
                    (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 revocation 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 the terms and conditions 
                of an outfitter permit to reflect material changes in 
                facts and conditions;
                    (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 
        three temporary one-year extensions of an outfitter permit, 
        unless the Secretary determines that extraordinary 
        circumstances warrant additional extensions.
            (3) Tenure.--The Secretary shall generally issue an 
        outfitter authorization for 10 years, with an initial probation 
        period of two years for a new authorized outfitter, except that 
        he may, in extraordinary circumstances, award an outfitter 
        permit with a term of less than 10 years when--
                    (A) foreseeable amendments in resource management 
                plans will create conditions that would materially 
                impact and necessitate changes in permit terms and 
                conditions in less than 10 years; and
                    (B) an authorized outfitter and the Secretary agree 
                to a permit term of less than 10 years.
    (f) Temporary Outfitter Authorizations.--
            (1) In general.--The Secretary may issue a temporary 
        outfitter authorization for the purpose of conducting a 
        commercial outfitted activity on a limited basis.
            (2) Term.--A temporary outfitter authorization shall have a 
        term not to exceed two years.
            (3) Renewal.--A temporary 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 an authorization fee, as 
        determined by the Secretary.
            (2) Fee determination.--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 to 
                engage in a successful business; and
                    (C) the fair market value of the use and occupancy 
                granted by the outfitter authorization.
    (b) Consistency.--The Federal agencies shall use consistent 
methodologies to determine the outfitter authorization fee.
    (c) Payment of Outfitter Authorization Fee.--
            (1) In general.--The amount of the fee paid to the United 
        States for the term of an outfitter permit shall be specified 
        in that 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;
                    (C) shall be required to be paid by an authorized 
                outfitter to the United States on a reasonable schedule 
                during the operating season; and
                    (D) shall set a minimum fee.
            (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 one outfitter permit is granted to 
                conduct the same or similar commercial outfitted 
                activities in the same resource area, the Secretary 
                shall establish an identical fee for those 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 grant of a new outfitter permit in 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 paragraph 
                (2)(A)(i)(I)--
                            (i) multiple outfitted activities with 
                        separate charges shall count as one actual use 
                        day when conducted in one day; and
                            (ii) an activity conducted across agency 
                        jurisdictions over the course of one day shall 
                        not exceed one actual use 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).
            (6) Adjustment of fees.--The amount of an authorization 
        fee--
                    (A) shall be determined as of the grant 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 
                        one 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;
                            (iv) the imposition of new or higher fees 
                        assessed under other law; or
                            (v) authorized adjustments made to an 
                        allocation of outfitter use.
    (d) Establishment of Amount Applicable to a Temporary Outfitter 
Authorization.--The Secretary shall determine the amount of an 
authorization fee under a temporary outfitter authorization.
    (e) Other Fees and Costs.--Fees for processing applications for 
outfitter permits or monitoring compliance with permit terms and 
conditions shall not seek to recover costs of agency activities that 
benefit broadly the general public or are not directly related to or 
required for processing of applications or monitoring of an 
authorization.

SEC. 8. LIABILITY AND INDEMNIFICATION.

    (a) Liability.--An authorized outfitter shall be liable to the 
United States for costs and expenses associated with damage to property 
of the United States caused by the authorized outfitter's--
            (1) negligence;
            (2) gross negligence; or
            (3) 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) Indemnification.--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--
            (1) negligence;
            (2) gross negligence; or
            (3) willful and wanton disregard for persons or property, 
        arising proximately from the authorized outfitter's conduct of 
        a commercial outfitted activity under an outfitter 
        authorization.
    (c) No Liability.--An authorized outfitter shall have no 
responsibility to pay to or defend or indemnify the United States, or 
its agents, employees, or contractors for costs or expenses associated 
with injury, death, or damage to any person or property to the extent 
the injury, death, or damage was 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.
    (d) Finding of Liability.--Before presenting any claim for costs 
and expenses associated with damage to any property allegedly caused by 
the authorized outfitter, the Secretary, after providing due process, 
shall make a finding of negligence, gross negligence, or willful and 
wanton disregard for persons or property on the part of the authorized 
outfitter and present the finding to the authorized outfitter.
    (e) Agreements.--An authorized outfitter may enter into agreements 
with outfitted visitors, including for--
            (1) assumption or allocation of risk; and
            (2) release or waiver related to inherently dangerous 
        activities or conditions, if the agreement also runs in favor 
        of the United States and its agents, employees, or contractors.
Copies of any such agreements shall be provided to the Federal agency 
before being presented to outfitted visitors by an authorized 
outfitter.

SEC. 9. ALLOCATION OF USE.

    (a) In General.--
            (1) an outfitter permit shall include within its terms and 
        conditions a principal allocation of outfitter use; and
            (2) a temporary outfitter permit may include a principal 
        allocation of outfitter use.
    (b) Renewals, Transfers, and Extensions.--Except as provided in 
subsection (d), upon renewal, transfer, or extension of an outfitter 
permit, the same principal allocation of use shall be included within 
the terms and conditions of the permit.
    (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, subject to section 7(b), 
        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.--Subject to section 7(b), 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 to reflect--
                    (A) material change arising from approval of an 
                amendment 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 up to two years.
            (2) Transfers and extensions.--A temporary allocation of 
        use may be 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 used by the Secretary to 
        evaluate the performance of an authorized outfitter shall--
                    (A) be objective, measurable, and attainable; and
                    (B) include, as deemed appropriate by the 
                Secretary--
                            (i) standards generally applicable to all 
                        commercial outfitted activities;
                            (ii) standards specific to a resource area 
                        or an individual outfitter operation; and
                            (iii) such other terms and conditions of 
                        the outfitter permit.
            (3) 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 sections 7(b)(6)(B) and 9(c); 
                and
                    (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.
    (b) Levels of Performance.--The Secretary shall define three 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 suspends or revokes an authorization for an 
        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 shall include an explanation of needed 
                corrections and provide a reasonable period 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 90 days after the 
                end 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 annual 
performance is determined to be marginal, and the authorized outfitter 
fails to complete the corrections within the time 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 in order 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 90 
        days after the end 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 90 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 REVOCATION OR SUSPENSION 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 one unsatisfactory annual performance rating under section 
        10 during the term of the outfitter permit.
    (b) Revocation.--An outfitter permit may be revoked 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 permit terms 
        and conditions;
            (2) the authorized outfitter is in arrears in the payment 
        of fees under section 7 and--
                    (A) has not entered into a payment plan with the 
                agency; or
                    (B) has not sought relief under section 14; and
            (3) the authorized outfitter's conduct demonstrates 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.
    (c) Suspension.--
            (1) In general.--All or part of the outfitter permit may be 
        suspended, subject to findings made under subsection (b).
            (2) Administrative review.--Subject to section 17, the 
        Secretary shall provide for an expedited review of suspension 
        cases.

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 finds that the 
        transferee is not qualified or able to satisfy the terms and 
        conditions 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) Transfer Terms.--The terms and conditions of any outfitter 
permit shall not be subject to modification or open to renegotiation by 
the Secretary because of a transfer described in subsections (a) and 
(b) unless--
            (1) it is at the request of the transferee; or
            (2) the terms and conditions of the outfitter permit 
        proposed to be transferred have become inconsistent or 
        incompatible with an approved resource management plan for the 
        resource area.
    (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 receiving 
        a complete application containing the information required with 
        respect to the transfer, the transfer shall be deemed approved 
        unless the transferee requests a modification of the terms and 
        conditions of the outfitter authorization and such modification 
        requires environmental analysis under the National 
        Environmental Policy Act of 1969.
            (2) Extension.--The Secretary and the authorized outfitter 
        applying 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 are being 
met.
    (b) Obligations of the Secretary and 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 for purposes of audit and 
performance evaluation have access to and the right to examine for five 
years following the effective date of an outfitter authorization 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; and
            (2) establish an expedited procedure for consideration of 
        appeals of Federal agency decisions to deny, suspend, fail to 
        renew, or revoke an outfitter permit or change a principal 
        allocation of outfitter use.
    (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 a United States district court.

SEC. 15. LACK OF EFFECT ON EXISTING RIGHTS OF THE 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.

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

SEC. 17. 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. 18. TRANSITION PROVISIONS.

    (a) Outfitters With Satisfactory Rating.--An outfitter that holds a 
permit, contract, or other authorization to conduct commercial 
outfitted activities (or an extension of such permit, contract, or 
other authorization) in effect on the date of promulgation of 
implementing regulations under section 16 shall be entitled, on 
expiration of the authorization, to the issuance of an outfitter permit 
under this Act if 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.
    (b) Outfitters With No Ratings.--For the purpose of subsection (a), 
if no recent performance evaluations exist to determine the outfitter's 
aggregate performance, its aggregate performance shall be deemed to be 
good.
    (c) 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.




                                                 Union Calendar No. 472

107th CONGRESS

  2d Session

                               H. R. 2386

                      [Report No. 107-752, Part I]

_______________________________________________________________________

                                 A BILL

 To establish terms and conditions for use of certain Federal lands by 
outfitters and to facilitate public opportunities for the recreational 
                    use and enjoyment of such lands.

_______________________________________________________________________

                            October 15, 2002

                Reported from the Committee on Resources

                            October 15, 2002

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than October 15, 2002

                            October 15, 2002

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed