[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1420

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2003

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

_______________________________________________________________________

                                 A BILL


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

    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 2003''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize the Secretary of 
Agriculture and the Secretary of the Interior to facilitate the use and 
enjoyment of recreational and educational opportunities on Federal land 
by establishing a program for the permitting of providers of outfitted 
activities that--
            (1) recognizes that outfitted activities constitute an 
        important component of meeting the recreational and educational 
        objectives of resource and land management;
            (2) is based on developing an effective relationship 
        between the Federal agency and the outfitters that facilitates 
        an administrative framework and regulatory environment that 
        makes it possible for outfitters to engage in, and invest in, a 
        successful business venture that provides for recreational use 
        of Federal land by the segment of the public that needs or 
        wants the services of outfitters and guides; and
            (3) ensures that the United States receives fair value for 
        use of Federal land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allocation of use.--
                    (A) In general.--The term ``allocation of use'' 
                means a method or 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.
            (2) Authorized outfitter.--The term ``authorized 
        outfitter'' means a person or entity that conducts a commercial 
        outfitted activity on Federal land under an outfitter 
        authorization.
            (3) Commercial outfitted activity.--The term ``commercial 
        outfitted activity'' means an activity--
                    (A) conducted for a member of the public in an 
                outdoor environment on Federal land, such as--
                            (i) outfitting;
                            (ii) guiding;
                            (iii) supervision;
                            (iv) education;
                            (v) interpretation;
                            (vi) skills training;
                            (vii) assistance; or
                            (viii) the dropping off or picking up of 
                        visitors, supplies, or equipment;
                    (B) conducted under the direction of compensated 
                individuals; 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).
            (4) 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; or
                    (D) the Bureau of Reclamation.
            (5) 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.
            (6) Outfitter authorization.--The term ``outfitter 
        authorization'' means--
                    (A) an outfitter permit;
                    (B) a temporary outfitter authorization; or
                    (C) any other authorization to use and occupy 
                Federal land under this Act.
            (7) 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).
            (8) Secretary.--The term ``Secretary'' means--
                    (A) with respect to Federal land administered by 
                the Forest Service, the Secretary of Agriculture; and
                    (B) with respect to Federal land administered by 
                the Bureau of Land Management, the United States Fish 
                and Wildlife Service, or the Bureau of Reclamation, the 
                Secretary of the Interior.

SEC. 4. 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) 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 privileges of the authorized outfitter 
        and the Secretary; and
            (2) other terms and conditions of the authorization.
    (c) Criteria for Issuing an Outfitter Permit.--The Secretary shall 
establish criteria for the issuance of an outfitter permit that--
            (1) recognize skilled, experienced, and financially capable 
        persons or entities with knowledge of the resource area;
            (2) consider the safety of, and the quality recreational 
        experience, educational opportunities, and resources available 
        to, the outfitted visitor; and
            (3) recognize and provide a range of public services.
    (d) Issuance of Outfitter Permit.--
            (1) In general.--The Secretary may issue an outfitter 
        permit under this Act if--
                    (A) the commercial outfitted activity to be 
                authorized is not inconsistent 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).
            (2) Use of competitive process.--Except as otherwise 
        provided by this Act, the Secretary shall use a competitive 
        process to select an authorized outfitter if the Secretary 
        determines that there is a competitive interest in the 
        commercial outfitted activity to be conducted.
    (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 resources;
                    (C) a return to the United States through the fees 
                authorized under section 5;
                    (D)(i) a term of 10 years; or
                    (ii) a term of less than 10 years if--
                            (I) foreseeable amendments in resource 
                        management plans would create conditions that, 
                        less than 10 years after the date of issuance 
                        of the permit, would materially affect, and 
                        necessitate changes in the terms and conditions 
                        of, a permit; and
                            (II) the Secretary and the authorized 
                        outfitter agree to the reduced permit term;
                    (E) a probationary period of 2 years if the 
                authorized outfitter is a new authorized outfitter;
                    (F) the obligation of an authorized outfitter to 
                defend and indemnify the United States under section 6;
                    (G) a base allocation of outfitter use, and, if 
                appropriate, a temporary allocation of use;
                    (H) a plan to conduct performance evaluations under 
                section 8;
                    (I) a means to modify, on the initiative of the 
                Federal agency or on the request of the authorized 
                outfitter, an outfitter permit to reflect material 
                changes in terms and conditions specified in the 
                outfitter permit;
                    (J) notice of a right of appeal and judicial 
                review; and
                    (K) such other terms and conditions as the 
                Secretary may require.
            (2) Extensions.--The Secretary may issue not more than 3 1-
        year extensions of an outfitter permit, unless the Secretary 
        determines that extraordinary circumstances warrant additional 
        extensions.
    (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 of not more than 2 years.
            (3) Reissuance or renewal.--A temporary outfitter 
        authorization may be reissued or renewed at the discretion of 
        the Secretary.

SEC. 5. FEES.

    (a) Amount of Fee.--
            (1) In general.--In determining the amount of a fee, the 
        Secretary shall--
                    (A) use consistent methodologies; and
                    (B) take into consideration--
                            (i) the financial obligations of the 
                        outfitter under the outfitter permit;
                            (ii) the provision of a reasonable 
                        opportunity to engage in a successful business;
                            (iii) the fair value of the use and 
                        occupancy granted by the outfitter 
                        authorization; and
                            (iv) other fees charged to the general 
                        public, such as entrance fees.
            (2) Requirements.--The amount of the fee--
                    (A)(i) shall be expressed as--
                            (I) a simple charge per day of actual use; 
                        or
                            (II) an annual or seasonable flat fee; or
                    (ii) if calculated as a percentage of revenue--
                            (I) shall be determined based on adjusted 
                        gross receipts; and
                            (II) shall include a minimum fee;
                    (B) shall be subordinate to the objectives of--
                            (i) conserving resources;
                            (ii) protecting the health and welfare of 
                        the public;
                            (iii) providing reliable and consistent 
                        performance in conducting outfitted activities; 
                        and
                            (iv) providing quality service to the 
                        public; and
                    (C) shall be required to be paid on a reasonable 
                schedule during the operating season.
            (3) Actual use.--For the purpose of calculating a fee based 
        on actual use, the Secretary shall--
                    (A) consider multiple outfitted activities 
                conducted in 1 day with separate charges as 1 actual 
                use day; and
                    (B) consider an activity conducted across agency 
                jurisdictions over the course of 1 day as 1 actual use 
                day.
            (4) 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) a sale of assets used in the 
                        operations of the authorized outfitter; or
                            (iii) activities conducted on non-Federal 
                        land.
            (5) Fees for substantially similar services in a specific 
        geographic area.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if more than 1 outfitter permit is issued 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 issuance of a new outfitter permit in 
                the same resource area.
            (6) Adjustment of fees.--The amount of a fee--
                    (A) shall be determined and made effective as of 
                the date of the outfitter permit; and
                    (B) may be modified to reflect--
                            (i) changes in outfitted activities 
                        relating to fees based on actual use;
                            (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 increased 
                        fees assessed under other law; or
                            (v) authorized adjustments made to an 
                        allocation of use.
    (b) Other Fees and Costs.--
            (1) In general.--In establishing fees other than the fees 
        authorized under this Act that may directly or indirectly 
        affect authorized outfitters, the Secretary shall--
                    (A) ensure that the fees do not materially and 
                adversely affect--
                            (i) the ability of authorized outfitters to 
                        provide quality services at reasonable rates; 
                        and
                            (ii) the opportunity of authorized 
                        outfitters to engage in a successful business 
                        venture; and
                    (B)(i) consider the cumulative impact of fees 
                levied under this Act, any cost recovery requirements, 
                and State and local taxes and fees on authorized 
                outfitters; and
                    (ii) adjust the fees as appropriate; and
                    (C) to the extent practicable, consolidate the fees 
                into 1 predictable fee.
            (2) Processing fees and costs.--Fees for processing 
        applications for outfitter permits or monitoring compliance 
        with permits terms and conditions shall not seek to recover 
        costs of agency activities that benefit broadly the general 
        public, relate directly to agency statutory duties, or are not 
        directly related to or required for processing of applications 
        or monitoring of an authorization.
            (3) Notice.--A change in the manner in which a fee charged 
        under paragraph (1) or (2) is determined shall be valid only 
        if--
                    (A) the Secretary provides written notice to 
                authorized outfitters affected by the change; or
                    (B) the authorized outfitter agrees to the change.

SEC. 6. LIABILITY AND INDEMNIFICATION.

    (a) General.--An authorized outfitter shall pay the United States 
for all injury, loss, damage, and costs arising from negligence, gross 
negligence, or willful and wanton disregard for persons or property 
associated with 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 all injury, loss, damage, and costs the 
United States may incur as a result of judgments, claims, or losses 
arising from negligence, gross negligence, or willful and wanton 
disregard for persons or property associated with the authorized 
outfitter's conduct of a commercial outfitted activity under an 
outfitter authorization.
    (c) Environmental and Other Liability.--Subsections (a) and (b) 
shall not be interpreted to limit any liability for, or prevent the 
United States from taking any action to address, injury, loss, damages, 
or costs associated with environmental contamination, injury to natural 
resources, or other cause of action that arises under other law, 
including the Resource Conservation Recovery Act (7 U.S.C. 1010, et 
seq.), the Comprehensive Environmental Response Compensation and 
Liability Act (42 U.S.C. 19 9601, et seq.), and Clean Water Act (33 
U.S.C. 1251, et seq.), in connection with the authorized outfitter's 
use and occupancy of Federal lands, or to diminish any independent 
obligation of the authorized outfitter to indemnify the United States 
with respect to the same.
    (d) Exception.--An authorized outfitter shall have no obligation to 
pay, defend, or indemnify the United States under subsections (a) and 
(b) for any injury, loss, damage, or costs for which the United States 
is solely responsible.
    (e) Finding of Cognizable Claim.--
            (1) Actions required before presenting claim.--Before 
        presenting any claim to an authorized outfitter for injury, 
        loss, damage, or costs incurred by the United States pursuant 
        to subsection (a) or (b), the Secretary shall--
                    (A) submit to the authorized outfitter a 
                preliminary finding that the claim is cognizable; and
                    (B) provide the authorized outfitter with an 
                opportunity to comment before submitting the final 
                finding to the authorized outfitter.
            (2) Administrative claims.--Nothing in this section is 
        intended to preclude the United States from pursuing its claims 
        administratively, without first obtaining a judicial 
        determination of liability.
    (f) Assumption of Risk and Waivers of Liability.--
            (1) General requirements.--An authorized outfitter may 
        enter into agreements with outfitted visitors for assumption of 
        risk and waiver of liability for negligence in connection with 
        inherently dangerous outfitted activities, if--
                    (A) the waiver of liability also runs in favor of 
                the United States and its agents, employees, or 
                contractors;
                    (B) the waiver of liability adequately covers the 
                risks of loss to the United States associated with the 
                authorized outfitter's activities on Federal lands;
                    (C) the waiver of liability does not abrogate, 
                limit, or in any manner affect the authorized 
                outfitter's obligation to indemnify the United States 
                under this section; and
                    (D) the waiver of liability does not affect the 
                ability of the United States to recover as an 
                additional insured under any insurance policy obtained 
                by an authorized outfitter in connection with a 
                commercial outfitted activity.
            (2) Prior written approval required.--No waiver of 
        liability may be used by an authorized outfitter without prior 
        written approval of the Federal agency. The Federal agency has 
        the discretion to deny requests for the use of waivers of 
        liability for any reason if deemed not in the best interests of 
        the United States.
            (3) Standardization.--Waivers of liability used by 
        authorized outfitters and insurance policies obtained by 
        authorized outfitters in connection with a commercial outfitted 
        activity shall be standardized to the greatest extent possible. 
        Authorized outfitters, the insurance industry, and the Federal 
        agencies shall work together to achieve this goal.

SEC. 7. ALLOCATIONS 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 base allocation of outfitter use to an 
        authorized outfitter under an outfitter permit; and
            (2) may provide a base allocation of use to an authorized 
        outfitter under a temporary outfitter permit.
    (b) Waiver of Allocation.--
            (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).
    (c) Adjustment to Allocation of Use.--The Secretary--
            (1) may adjust a base allocation of use to reflect--
                    (A) a material change arising from approval of an 
                amendment or revision 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 
        base allocation of outfitter use, including new terms and 
        conditions that result from the adjustment.
    (d) Renewals, Transfers, and Extensions.--Except as provided in 
subsection (c), on renewal, transfer, or extension of an outfitter 
permit, the same base allocation of use shall be included in the terms 
and conditions of the outfitter permit.
    (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 beyond the base 
        allocation.
            (2) Transfers and extensions.--A temporary allocation of 
        use may be transferred or extended at the discretion of the 
        Secretary.

SEC. 8. EVALUATION OF PERFORMANCE.

    (a) Evaluation System.--The Secretary shall develop a performance 
evaluation system that--
            (1) ensures the continued availability of safe and 
        dependable commercial outfitted activities for the public; and
            (2) provides for the suspension or revocation of any 
        outfitter permit if an outfitter fails to meet the required 
        standards.
    (b) Evaluation Criteria.--Criteria used by the Secretary to 
evaluate the performance of an authorized outfitter shall--
            (1) be objective, measurable, and attainable; and
            (2) include, as determined to be appropriate by the 
        Secretary--
                    (A) standards generally applicable to all 
                commercial outfitted activities; and
                    (B) standards specific to a resource area or an 
                individual outfitter operation.
    (c) Requirements.--In evaluating the level of performance of an 
authorized outfitter, the Secretary shall--
            (1) appropriately account for factors beyond the control of 
        the authorized outfitter;
            (2) 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;
            (3) schedule evaluations to ensure the authorized outfitter 
        is present, or represented, at inspections of operations or 
        facilities and inspections, which inspections shall be limited 
        to the operations and facilities of the authorized outfitter 
        located on Federal land; and
            (4) provide 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 in which the corrections may be made without penalty.
    (d) 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.
    (e) Marginal Performance.--If an authorized outfitter's annual 
performance is determined to be marginal--
            (1) the level of performance shall be changed to a ``good'' 
        performance for the year if the authorized outfitter completes 
        the corrections within the time specified; or
            (2) the level of performance shall be determined to be 
        unsatisfactory for the year if the authorized outfitter fails 
        to complete the corrections within the time specified.
    (f) 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 9.
            (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 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 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. 9. 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) Criteria for determination.--The Secretary shall renew 
        an outfitter authorization under paragraph (1) at the end of 
        the term of an outfitter authorization 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 8 during 
        the term of the outfitter permit.
            (3) Temporary outfitter authorization.--If the Secretary 
        determines that the authorized outfitter has received an 
        unsatisfactory annual performance rating in the last year of 
        the 10-year term of the outfitter permit--
                    (A) the Secretary may issue to the authorized 
                outfitter a temporary outfitter permit; and
                    (B) if during the 2-year period of the temporary 
                outfitter permit issued under subparagraph (A), the 
                authorized outfitter receives a good performance 
                rating, the Secretary shall renew the outfitter permit 
                for an 8-year term.
    (b) Suspension or Revocation.--An outfitter permit may be suspended 
or revoked if the Secretary determines that--
            (1)(A) the authorized outfitter has failed to correct a 
        condition for which the authorized outfitter received notice 
        under section 8(c)(4); and
            (B) the condition is considered by the Secretary to be 
        significant with respect to the terms and conditions of the 
        outfitter permit;
            (2) the authorized outfitter--
                    (A) is in arrears in the payment of fees under 
                section 5; and--
                    (B)(i) has not entered into a payment plan with the 
                Federal agency; or
                    (ii) has not brought a civil action or brought an 
                administrative claim under section 12; and
            (3) the authorized outfitter's conduct demonstrates willful 
        disregard for--
                    (A) the health and welfare of outfitted visitors or 
                other visitors; or
                    (B) the conservation of resources on which the 
                commercial outfitted activities are conducted.

SEC. 10. 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 is--
                    (A) not qualified; or
                    (B) unable to satisfy the terms and conditions of 
                the outfitter permit.
            (2) Qualified transferees.--Subject to section 4(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 subsection (a) 
unless--
            (1) the modification is agreed to by, or at the request of, 
        the transferee;
            (2) 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; or
            (3) the transferee proposes activities outside the scope of 
        the existing authorization.
    (d) Consideration Period.--
            (1) Timeframe for review.--Subject to paragraph (2), if the 
        Secretary fails to act on the transfer of an outfitter permit 
        within 180 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 may extend the period for 
        consideration of an application under paragraph (1) if--
                    (A) the Secretary and the authorized outfitter 
                applying for transfer of an outfitter permit agree to 
                extend the period; or
                    (B)(i) the transferee requests a modification of 
                the terms and conditions of the outfitter permit; and
                    (ii) the modification requires environmental 
                analysis under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
    (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. 11. 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 permit 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 audit and performance 
evaluation purposes have access to and the right to examine for the 5-
year period beginning on the termination date of an outfitter permit 
any records of the authorized outfitter relating to each outfitter 
authorization held by the authorized outfitter during the business 
year.

SEC. 12. 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--
                    (A) deny, suspend, fail to renew, or revoke an 
                outfitter permit; or
                    (B) 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 United States district court.

SEC. 13. COLLECTION AND USE OF FUNDS.

    Except as provided in section 7 of the Act of April 24, 1950 
(commonly known as the ``Granger-Thye Act'') (16 U.S.C. 580d), funds 
deposited under this Act shall be available to the Secretary without 
further appropriation and shall remain available for--
            (1) administration of the outfitter permit;
            (2) interpretive programs;
            (3) trail maintenance; or
            (4) any other activity to carry out this Act.

SEC. 14. REGULATIONS.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of the Interior and the Secretary of Agriculture shall 
promulgate regulations for permitting commercial outfitted activities 
on Federal land.

SEC. 15. 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) ANILCA.--Nothing in this Act modifies, amends, or otherwise 
affects section 1307 of the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3197).
    (c) State Outfitter Licensing Law.--This Act does not preempt any 
outfitter or guide licensing law (including any regulation) of any 
State or territory.

SEC. 16. 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 a permit, contract, or 
other authorization) in effect on the date of enactment of this Act 
shall be entitled, on expiration of the authorization, to the issuance 
of a new outfitter permit under this Act if the performance of the 
outfitter under the permit, contract, or other authorization was 
determined to be 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 
performance, the 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.

SEC. 17. EFFECT.

    (a) In General.--Nothing in this Act limits or restricts any right, 
title, or interest of the United States in or to any land or resource 
or establishes a property right in favor of the authorized outfitter.
    (b) Effect on Non-Outfitted Recreational or Academic Use.--Nothing 
in this Act--
            (1) establishes any preference for outfitted or non-
        outfitted use;
            (2) diminishes or impairs--
                    (A) any existing use or occupancy of Federal land 
                by the public (including the non-outfitted public); or
                    (B) any right or privilege of use, occupancy, or 
                access to Federal land by the public (including the 
                non-outfitted public);
            (3) diminishes the existing authority of Federal agencies 
        to--
                    (A) establish levels of use; and
                    (B) allocate such use among or between the 
                outfitted and non-outfitted public; and
            (4) applies to outdoor activity and services on Federal 
        land for or directly related to academic credit and provided by 
        a bona fide and accredited academic institution.
                                 <all>