[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14817-S14821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself, Mr. Murkowski, and Mr. Thomas):
  S. 1969. A bill to provide for improved management of, and increases 
accountability for, outfitted activities by which the public gains 
access to and occupancy and use of Federal land, and for other 
purposes; to the Committee on Energy and Natural Resources.


                    the outfitter policy act of 1999

  Mr. CRAIG. Mr. President, I am pleased to introduce today in 
conjunction with my colleagues Senator Murkowski and Senator Thomas the 
Outfitter Policy Act of 1999.
  This legislation is very similar to legislation I introduced in the 
past congress. As that legislation did, this bill would put into law 
many of the management practices by which federal land management 
agencies have successfully managed the outfitter and guide industry on 
National Forests, National Parks and other federal lands over many 
decades.

[[Page S14818]]

  The bill recognizes that many Americans want and seek out the skills 
and experience of commercial outfitters and guides to help them enjoy a 
safe and pleasant journey through our forests and deserts and over the 
rivers and lakes that are the spectacular destinations for many 
visitors to our federal lands.
  The Outfitter Policy Act would assure the public continued 
opportunities for reasonable and safe access to the special areas found 
throughout our public lands. It establishes high standards that will be 
met for the health and welfare of visitors who choose outfitted 
services. It will help guarantee that quality professional services. It 
will help guarantee that will be available for their recreational and 
educational experiences on federal land.
  This legislation is needed because the management of outfitting and 
guiding services by this Administration had created problems that 
threaten to destabilize many of these typically small, independent 
outfitter and guide businesses. In addressing these problems, this 
legislation relies heavily on practices that have historically worked 
well for outfitters, visitors, and other users groups, as well as for 
federal land managers in the field. When the bill is enacted, it will 
assure that these past levels of service are continued and enhanced.
  Previous hearings and discussions on prior versions of this 
legislation helped to refine the bill I am introducing today. This 
process provided the intended opportunity for discussion. It allowed 
for the examination of the historical practices that have offered 
consistent, reliable outfitter services to the public. The legislation 
I am now introducing is a result of that process.
  I look forward to considering this legislation in the coming session 
of the 106th Congress.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1969

       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.

[[Page S14819]]

       (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

[[Page S14820]]

     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

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     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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