[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Pages S9497-S9504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID:
  S. 1418. A bill to amend title II of the Social Security Act to allow 
workers who attain age 65 after 1981 and before 1992 to choose either 
lump sum payments over four years totaling $5,000 or an improved 
benefit computation formula under a new 10-year rule governing the 
transition to the changes in benefits computation rules enacted in the 
Social Security Amendments of 1977, and for other purposes; to the 
Committee on Finance.
  Mr. REID. Mr. President, I believe Social Security is one of the 
greatest success stories of our government.
  Social Security is the only program in the history of our Nation that 
has provided dignity and respect for our senior citizens, regardless of 
their income or backgrounds.
  For almost 70 years, Social Security has been there for our citizens 
when they need it. It has provided seniors with independence and 
economic security in their retirement years.
  In addition to helping millions of senior citizens, Social Security 
has provided economic security for surviving spouses and children and 
to countless Americans with disabilities.
  It is easy to see why people believe Social Security is the most 
successful social program our country has ever adopted.
  I rise today to reintroduce legislation that would correct a problem 
that plagues a special population of Social Security recipients. I am 
speaking on behalf of those affected by Social Security notch.
  The Social Security notch causes more than nine million Social 
Security recipients born between the years of 1917 and 1926 to receive 
fewer Social Security benefits than Americans born outside the notch 
years due to changes made in 1977 to the Social Security benefit 
formula.
  I have continued to speak out on this issue and the injustice it 
imposes on millions of seniors. The notch issue has been discussed, 
studied and reviewed, yet to date, Congress has not corrected this 
wrong. Because of this, many older Americans born during this period 
cannot afford the most basic necessities.
  Congress must accept responsibility for any error that was made. We 
should not ask notch Seniors to accept less because of our mistake. 
While we must preserve and protect Social Security for future 
generations, we have an obligation to those, who through no fault of 
their own, receive less than those that were fortunate enough to be 
born just days before and after the notch period.
  The notch situation has its origins in 1972, when Congress decided to 
create automatic cost-of-living-adjustments to help Social Security 
keep pace with inflation. Prior to 1972, each adjustment had to await 
legislation, causing beneficiaries' monthly payments to lag behind 
inflation. When Congress took this action, it was acting under the best 
of intentions.
  Unfortunately, this new benefit adjustment method was flawed. To 
function properly, it required that the economy behave in much the same 
fashion that it had in the 1950s and 1960s, with annual wage increases 
outpacing prices, and inflation remaining relatively low. As we all 
know, that did not happen. The rapid inflation and high unemployment of 
the 1970s generated rapid increases in benefits.

  In 1977, Congress revised the way that benefits were computed. In 
making its revisions, Congress decided that it was not proper to reduce 
benefits for persons already receiving them. It did, however, decide 
that benefits for all future retirees should be reduced.

[[Page S9498]]

  We have an obligation to convey to our constituents that Social 
Security is a fair system. Notch Babies in Nevada feel slighted by 
their government and if I were in their situation, I would too. Through 
no fault of their own, they receive less, sometimes as much as $200 
less, than their neighbors.
  The legislation I am offering today is my proposal to right the 
wrong. Let us fix the notch problem and restore the confidence of the 
nine million notch babies across this land. Government has an 
obligation to be fair. My support of notch babies is longstanding. I 
sponsored numerous pieces of legislation over the years to address this 
issue. With this legislation, my effort continues.
  It is unfortunate that these measures have not seen the light of day. 
Many who have written to me think Congress is waiting for notch babies 
to die rather than honor this debt. I must tell you it concerns me when 
our constituents have this perception of their elected representatives.
  We have to do something to make sure Americans believe that Social 
Security is a fair system. Passage of my legislation provides us that 
chance.
  My legislation is intended to make good on what this government 
should have done long ago. I propose that workers who attain the age of 
65 after 1981 and before 1992 be allowed to choose either lump sum 
payment over four years totaling $5,000 or an improved benefit 
computation formula under a new 10-year rule governing the transition 
to the changes in benefit computation rules enacted in the Social 
Security Amendments of 1977.
  It is time to put these dollars into the hands of those who earned 
them. It is time to show our support for notch reform.
  I am introducing this legislation because actions speak louder than 
words. The `Notch Fairness Act of 2003' that I am introducing on behalf 
of notch victims today, is intended to put my words into action. I ask 
all my colleagues to join me in support of this important and long 
overdue legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1418

       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 ``Notch Fairness Act of 
     2003''.

     SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE 
                   ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.

       (a) In General.--Section 215(a) of the Social Security Act 
     (42 U.S.C. 415(a)) is amended--
       (1) in paragraph (4)(B)--
       (A) by inserting ``(with or without the application of 
     paragraph (8))'' after ``would be made''; and
       (B) in clause (i), by striking ``1984'' and inserting 
     ``1989''; and
       (2) by adding at the end the following:
       ``(8)(A) In the case of an individual described in 
     paragraph (4)(B) (subject to subparagraphs (F) and (G) of 
     this paragraph), the amount of the individual's primary 
     insurance amount as computed or recomputed under paragraph 
     (1) shall be deemed equal to the sum of--
       ``(i) such amount, and
       ``(ii) the applicable transitional increase amount (if 
     any).
       ``(B) For purposes of subparagraph (A)(ii), the term 
     `applicable transitional increase amount' means, in the case 
     of any individual, the product derived by multiplying--
       ``(i) the excess under former law, by
       ``(ii) the applicable percentage in relation to the year in 
     which the individual becomes eligible for old-age insurance 
     benefits, as determined by the following table:

    ``If the individual                                                
    becomes eligible for                                 The applicable
    such benefits in:                                    percentage is:
      1979..................................................55 percent 
      1980..................................................45 percent 
      1981..................................................35 percent 
      1982..................................................32 percent 
      1983..................................................25 percent 
      1984..................................................20 percent 
      1985..................................................16 percent 
      1986..................................................10 percent 
      1987...................................................3 percent 
      1988...................................................5 percent.
       ``(C) For purposes of subparagraph (B), the term `excess 
     under former law' means, in the case of any individual, the 
     excess of--
       ``(i) the applicable former law primary insurance amount, 
     over
       ``(ii) the amount which would be such individual's primary 
     insurance amount if computed or recomputed under this section 
     without regard to this paragraph and paragraphs (4), (5), and 
     (6).
       ``(D) For purposes of subparagraph (C)(i), the term 
     `applicable former law primary insurance amount' means, in 
     the case of any individual, the amount which would be such 
     individual's primary insurance amount if it were--
       ``(i) computed or recomputed (pursuant to paragraph 
     (4)(B)(i)) under section 215(a) as in effect in December 
     1978, or
       ``(ii) computed or recomputed (pursuant to paragraph 
     (4)(B)(ii)) as provided by subsection (d),
     (as applicable) and modified as provided by subparagraph (E).
       ``(E) In determining the amount which would be an 
     individual's primary insurance amount as provided in 
     subparagraph (D)--
       ``(i) subsection (b)(4) shall not apply;
       ``(ii) section 215(b) as in effect in December 1978 shall 
     apply, except that section 215(b)(2)(C) (as then in effect) 
     shall be deemed to provide that an individual's `computation 
     base years' may include only calendar years in the period 
     after 1950 (or 1936 if applicable) and ending with the 
     calendar year in which such individual attains age 61, plus 
     the 3 calendar years after such period for which the total of 
     such individual's wages and self-employment income is the 
     largest; and
       ``(iii) subdivision (I) in the last sentence of paragraph 
     (4) shall be applied as though the words `without regard to 
     any increases in that table' in such subdivision read 
     `including any increases in that table'.
       ``(F) This paragraph shall apply in the case of any 
     individual only if such application results in a primary 
     insurance amount for such individual that is greater than it 
     would be if computed or recomputed under paragraph (4)(B) 
     without regard to this paragraph.
       ``(G)(i) This paragraph shall apply in the case of any 
     individual subject to any timely election to receive lump sum 
     payments under this subparagraph.
       ``(ii) A written election to receive lump sum payments 
     under this subparagraph, in lieu of the application of this 
     paragraph to the computation of the primary insurance amount 
     of an individual described in paragraph (4)(B), may be filed 
     with the Commissioner of Social Security in such form and 
     manner as shall be prescribed in regulations of the 
     Commissioner. Any such election may be filed by such 
     individual or, in the event of such individual's death before 
     any such election is filed by such individual, by any other 
     beneficiary entitled to benefits under section 202 on the 
     basis of such individual's wages and self-employment income. 
     Any such election filed after December 31, 2003, shall be 
     null and void and of no effect.
       ``(iii) Upon receipt by the Commissioner of a timely 
     election filed by the individual described in paragraph 
     (4)(B) in accordance with clause (ii)--
       ``(I) the Commissioner shall certify receipt of such 
     election to the Secretary of the Treasury, and the Secretary 
     of the Treasury, after receipt of such certification, shall 
     pay such individual, from amounts in the Federal Old-Age and 
     Survivors Insurance Trust Fund, a total amount equal to 
     $5,000, in 4 annual lump sum installments of $1,250, the 
     first of which shall be made during fiscal year 2004 not 
     later than July 1, 2004, and
       ``(II) subparagraph (A) shall not apply in determining such 
     individual's primary insurance amount.
       ``(iv) Upon receipt by the Commissioner as of December 31, 
     2003, of a timely election filed in accordance with clause 
     (ii) by at least one beneficiary entitled to benefits on the 
     basis of the wages and self-employment income of a deceased 
     individual described in paragraph (4)(B), if such deceased 
     individual has filed no timely election in accordance with 
     clause (ii)--
       ``(I) the Commissioner shall certify receipt of all such 
     elections received as of such date to the Secretary of the 
     Treasury, and the Secretary of the Treasury, after receipt of 
     such certification, shall pay each beneficiary filing such a 
     timely election, from amounts in the Federal Old-Age and 
     Survivors Insurance Trust Fund, a total amount equal to 
     $5,000 (or, in the case of 2 or more such beneficiaries, such 
     amount distributed evenly among such beneficiaries), in 4 
     equal annual lump sum installments, the first of which shall 
     be made during fiscal year 2004 not later than July 1, 2004, 
     and
       ``(II) solely for purposes of determining the amount of 
     such beneficiary's benefits, subparagraph (A) shall be deemed 
     not to apply in determining the deceased individual's primary 
     insurance amount.''.
       (b) Effective Date and Related Rules.--
       (1) Applicability of amendments.--
       (A) In general.--Except as provided in paragraph (2), the 
     amendments made by this Act shall be effective as though they 
     had been included or reflected in section 201 of the Social 
     Security Amendments of 1977.
       (B) Applicability.--No monthly benefit or primary insurance 
     amount under title II of the Social Security Act shall be 
     increased by reason of such amendments for any month before 
     July 2004.
       (2) Recomputation to reflect benefit increases.--
     Notwithstanding section 215(f)(1) of the Social Security Act, 
     the Commissioner of Social Security shall recompute the 
     primary insurance amount so as to take into account the 
     amendments made by this Act in any case in which--
       (A) an individual is entitled to monthly insurance benefits 
     under title II of such Act for June 2004; and
       (B) such benefits are based on a primary insurance amount 
     computed--

[[Page S9499]]

       (i) under section 215 of such Act as in effect (by reason 
     of the Social Security Amendments of 1977) after December 
     1978, or
       (ii) under section 215 of such Act as in effect prior to 
     January 1979 by reason of subsection (a)(4)(B) of such 
     section (as amended by the Social Security Amendments of 
     1977).
                                 ______
                                 
      By Ms. LANDRIEU (for herself, Mr. Bayh, Mr. Kerry, Mrs. Clinton, 
        and Mr. Daschle):
  S. 1419. A bill to support the establishment or expansion and 
operation of programs using a network of public and private community 
entities to provide mentoring for children in foster care; to the 
Committee on Finance.
  Ms. LANDRIEU. Madam President, I send a bill to the desk and ask for 
its appropriate referral. I send this bill to the desk on behalf of 
myself, the Senator from Indiana, Senator Bayh, Senator Kerry, and 
Senator Clinton.
  The PRESIDING OFFICER. The bill will be received and appropriately 
referred.
  Ms. LANDRIEU. Madam President, I appreciate the Democratic leader's 
generosity, to give some of his time for the introduction of this very 
important bill. I thank the Senator from South Dakota.
  This particular measure is called the Foster Mentoring Act of 2003. I 
have spoken many times on the floor about the issue of foster care and 
adoption, and our efforts as a Congress to try to keep our families 
intact and to provide the economic systems in the country, as well as 
the social systems from the Federal, State, and local level, to try to 
help support our families in a way that will get them through crises 
that all families experience.
  It would be our goal as a nation to see that every child born in a 
family gets to stay within that family and is loved and nurtured within 
that family unit, either the immediate family or extended family. But 
when family ties break down beyond the ability to repair them even with 
the best efforts made by the churches and synagogues and mosques and 
faith-based organizations as well as the Government, then we have to 
create a system out-of-home care, or foster care.
  We have done that. We have created a system, but we have to fix a 
system that is now broken and in great need of repair. Many of us have 
been working diligently over the past few years to do that. Some great 
progress has been made.
  Until the system can be reformed in its entirety, there are some 
things we can do now, we can do immediately. Passing this Foster 
Mentoring Act is one of these things. It would provide a $15 million 
grant to States to provide foster care mentoring programs, provides $4 
million for a public awareness campaign for the need for mentors for 
the over 500,000 children who are in foster care in the United States 
today, and it would provide, most significantly, up to $20,000 for loan 
forgiveness for anyone who would mentor a foster care child.
  You ask me have we done this before? Yes, in California, represented 
by a list of advocates I will submit, Children Uniting Nations is the 
lead nonprofit organization organizing this effort. Under the direction 
of Governor Gray Davis and his wife, Sharon, they have been a 
successful pilot for this kind of program in the United States.
  This bill attempts to take what is working in California and expand 
it nationally and provide foster care mentoring opportunities to 
children in foster care.
  I ask unanimous consent, because my time is short, to have printed in 
the Record a letter from the former majority leader, Dick Armey, who 
supports this initiative and really encourages the Congress to take a 
serious look.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                                 Richard K. Armey,


                                       Former Majority Leader,

                                    Washington, DC, July 16, 2003.
     Hon. Mary Landrieu,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Landrieu: I understand you are introducing 
     legislation designed to promote mentoring for foster 
     children. I am writing to applaud your effort and objective. 
     Based on my own experience, mentoring works.
       My own experience with mentoring convinces me that it 
     affords an opportunity for learning and encouragement to 
     children that is all too often not otherwise available. For 
     the past ten years I have sponsored a program, which we 
     called, Tools for Tomorrow in which we arranged scholarships 
     and mentors fifteen deserving children. I have seen first 
     hand how they blossomed through the experience and I have 
     enjoyed the special relationship between the children and 
     their mentors. Mentoring works in the lives of the children.
       In addition to applauding your active leadership and 
     efforts with respect to mentoring for foster children I also 
     want to commend Daphna Ziman, and Children Using Nations for 
     their support and activities in the private sector. Daphna 
     Ziman, Chairperson of Children Uniting Nations, is a 
     recognized leader who gives much of herself in the tireless 
     pursuit of helping foster children. Her efforts and other 
     private sector initiatives play a critical role in advancing 
     this important cause.
           With kind regards,
                                                       Dick Armey.

  Ms. LANDRIEU. I urge my colleagues to take this issue, as I know they 
will, quite seriously, to do what we can now to provide the hundreds of 
thousands of children who are looking for mentorship and stability the 
benefit of this act and, as quickly as we can, take it up in the 
Senate. Of course, we urge our leadership to do so.
  Finally, I thank Senator Daschle for giving me the minutes before his 
amendment to offer this important legislation.
  I yield any time remaining.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Madam President, I complement the distinguished Senator 
from Louisiana for her bill and her leadership on the issue of 
mentoring. She knows a great deal about foster care. I am grateful to 
her for the commitment she had made to the issue.
  Recent statistics have shown that 45 percent of those children who 
are in foster care are less likely to begin using drugs; 59 percent do 
better academically; 73 percent set and attain a higher life 
achievement goal. So there is a lot to be said for fostering. I believe 
the Foster Care Mentoring Act that she has now just introduced is 
meritorious and certainly deserves our support.
  I ask to be a cosponsor.
  Ms. LANDRIEU. I thank the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.
                                 ______
                                 
      By Mr. CRAIG:
  S. 1420. 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; to the Committee on 
Energy and Natural Resources.
  Mr. CRAIG. Mr. President, I am pleased to introduce today the 
Outfitter Policy Act of 2003.
  This legislation is very similar to legislation I introduced in past 
Congresses. 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.
  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.
  The Outfitter Policy Act's primary purpose is to ensure accessibility 
to public lands by all segments of the population and maintain the 
availability of quality recreation services to the public. While 
protecting access for many outdoor enthusiasts who possess the skills 
to enjoy recreating on public lands without assistance, this Act 
insures that outfitters and guides across the Nation can continue to 
provide opportunities for outdoor recreation for the many families and 
groups who would otherwise find the backcountry inaccessible.
  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. As well as it 
allowed for the examination of the historical practices that have 
offered consistent, reliable outfitter services to the public.
  Congress has twice addressed this issue with respect to the National 
Park System permits--originally establishing standards for Park Service 
administration of guide/outfitter permits on their lands in 1965 and 
amending that system in 1998. Therefore, it is appropriate to set 
similar legislative standards for other public land systems

[[Page S9500]]

such as Forest Service and Bureau of Land Management lands. However, 
these and other land management agencies are now without Congressional 
guidance, and instead rules, permit terms and conditions and other 
intricacies are often left to local agency personnel. The Outfitter 
Policy Act would alleviate the discord involved in land management 
permitting, providing consistent guidance on the administration of 
guide/outfitter permits for the other federal land management agencies.
  The Outfitter Policy Act provides the basic terms and conditions 
necessary to sustain the substantial investment often needed to provide 
the level of service demanded by the public. However, the bill provides 
the agencies ample flexibility to adjust use, conditions, and permit 
terms. All of which must be consistent with agency management plans and 
policies for resource conservation. The Outfitter Policy Act strives to 
provide a stable, consistent regulatory climate which encourages 
qualified entrants to the guide/outfitting business, while giving the 
agencies and operators clear directions.
  The Outfitter Policy Act is a measure that will facilitate access to 
public lands by the outfitted public, while providing incentives to 
outfitters to provide the high quality services over time. It is 
necessary to ensure that members of the public who need and rely on 
guides and outfitters for recreational access to public lands will 
continue to receive safe, quality services.
  Unfortunately, this legislation has not passed in its current form. 
So I will be working with my colleagues, Senators Bingaman and Wyden, 
to capture these concepts and draft a bill that will pass our 
committee.
  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. 1420

       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;
       (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

[[Page S9501]]

     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 no materially and adversely 
     effect--
       (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;
       (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

[[Page S9502]]

     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

[[Page S9503]]

     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.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 1421. A bill to authorize the subdivision and dedication of 
restricted land owned by Alaska Natives; to the Committee on Energy and 
Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Native Allotment Subdivision Act is 
the only answer to resolving the question of whether Native landowners 
have the authority to subdivide their own property. Individual Alaska 
Native landowners cannot subdivide their land to transfer it either by 
gift or by sale. There is no current authority that allows them to 
dedicate rights-of-way across their land for public access or for 
utility purposes. The lack of explicit statutory authorization calls 
into question the legal validity of lands that have been subdivided and 
lands that likely could be subdivided in the future. This legislation 
will provide the necessary authorization to the Department of the 
Interior and Native landowners to dedicate their land for public 
purposes as they see fit. No other legislation or policy exists that 
addresses such a unique problem. Essentially this bill allows Alaska 
Natives to own lands with the same obligations and privileges of other 
private landowners in Alaska. However, the bill creates no obligation 
of Alaska Natives to do anything with their allotments unless they 
elect to sell or dispose of their lands.
  Over the past twenty years, hundreds of allotments have been 
subdivided, either for the purpose of commercial sale or to facilitate 
transfers of land to the landowners' children or other relatives. 
Problems arose when the Borough placed a utility line across frontage 
property of one of the Native landowners. Frontage property the Borough 
thought it had legal access to; there was no reason to consider 
potential conflicts existed. The new owner questioned the validity and 
legality of the Borough placing any kind of feature across his land. In 
addition, grantees of existing easements, such as utility easements for 
local electric cooperatives, have felt threatened with trespass action 
for easements previously granted in good faith.
  The question clearly goes to whether a trespass had been committed by 
local government. In fact in this case, subdivision plats were filed, 
signed and approved as evidenced by the appropriate signatures of the 
Bureau of Indian Affairs, the landowner and by the local governing 
authority. The official plats show streets laid out to provide frontage 
to the lots created by the subdivision, describing 10 foot utility 
rights-of-way on each lot. It is recognized that compliance with State 
law is required when landowners choose to subdivide their land. Given a 
choice, it would be advantageous to the Alaska Native landowners if the 
same opportunity was available to them. There is no applicable Federal 
law on the subject of subdivision of Native allotment lands. State law 
requires that access to subdivided lots be assured, typically by 
dedication of public rights-of-way, which will be shown on the 
subdivision plat.

[[Page S9504]]

  In an effort to overcome this problem, a collaborative process was 
undertaken by the affected Boroughs and the State of Alaska to validate 
such dedications by separately conveying either easements or title to 
roads and utility easements to State and local governments. This was so 
burdensome, time-consuming and complex, the process had to be 
abandoned. The platting authorities and the State were so disenchanted 
by this process, they had no choice but to turn to Congress for relief. 
The common sense approach to solving this dilemma, is to afford the 
same considerations to Native landowners that others have. Native 
landowners must have the same authority to subdivide and dedicate their 
land as anyone else has the right to do, according to existing State 
law
  By speeding up and simplifying the allotment subdivision process, the 
Native landowner, the Federal, State and local governments would all 
benefit. This legislation permits a Native landowner at his own option 
to abide by and receive the benefits of subdividing his land in 
accordance with State or local law. The uncertainty of whether 
officially filed allotment subdivision plats are valid would be 
removed. This legislation will also serve to authorize future allotment 
subdivisions, ratify and confirm the legal validity of those already 
created.
  The Native landowner will not be deprived of any of the protections 
of restricted land status. This legislation will confirm the restricted 
Native landowners' right to act in his own best interest. The issue 
they face is a choice between being able to subdivide their land, 
obtain a much greater total compensation for sales of subdivided lots 
or continue to be unable to subdivide their land. Their only option 
will be to sell one large tract that will almost always bring a 
substantially smaller total amount of compensation.
  The legislation I am introducing today is an issue that applies to 
Alaska only. The solution affects the Native Allotment Act of 1906, the 
same legislation which provides for Alaska Natives to receive title to 
up to 160 acres of public land.
  This legislation is non-controversial and is beneficial to all 
affected parties and to the general public. The State of Alaska and 
local governments have urged such legislation. The Department of the 
Interior is supportive.
  And, finally, passage of this legislation will be in the best 
interest of the Native allotment owners and the general public. I urge 
my colleagues to support this important legislation.
  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. 1421

       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 ``Alaska Native Allotment 
     Subdivision Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Alaska Natives that own land subject to Federal 
     restrictions against alienation and taxation need to be able 
     to subdivide the restricted land for the purposes of--
       (A) transferring by gift, sale, or devise separate 
     interests in the land; or
       (B) severing, by mutual consent, tenancies in common;
       (2) for the benefit of the Alaska Native restricted 
     landowners, any persons to which the restricted land is 
     transferred, and the public in general, the Alaska Native 
     restricted landowners should be authorized to dedicate--
       (A) rights-of-way for public access;
       (B) easements for utility installation, use, and 
     maintenance; and
       (C) additional land for other public purposes;
       (3)(A) the lack of an explicit authorization by Congress 
     with respect to the subdivision and dedication of Alaska 
     Native land that is subject to Federal restrictions has 
     called into question whether such subdivision and dedication 
     is legal; and
       (B) this legal uncertainty has been detrimental to the 
     rights of Alaska Native restricted landowners to use or 
     dispose of the restricted land in the same manner as other 
     landowners are able to use and dispose of land;
       (4) extending to Alaska Native restricted land owners the 
     same authority that other landowners have to subdivide and 
     dedicate land should be accomplished without depriving the 
     Alaska Native restricted landowners of any of the protections 
     associated with restricted land status;
       (5) confirming the right and authority of Alaska Native 
     restricted land owners, subject to the approval of the 
     Secretary of the Interior, to subdivide their land and to 
     dedicate their interests in the restricted land, should be 
     accomplished without affecting the laws relating to whether 
     tribal governments or the State of Alaska (including 
     political subdivisions of the State) have authority to 
     regulate land use;
       (6) Alaska Native restricted land owners, persons to which 
     the restricted land is transferred, State and local platting 
     authorities, and members of the general public have formed 
     expectations in reliance on past subdivisions and 
     dedications; and
       (7) those expectations should be fulfilled by ratifying the 
     validity under Federal law of the subdivisions and 
     dedications.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Restricted land.--The term ``restricted land'' means 
     land in the State that is subject to Federal restrictions 
     against alienation and taxation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Alaska.

     SEC. 4. SUBDIVISION AND DEDICATION OF ALASKA NATIVE 
                   RESTRICTED LAND.

       (a) In General.--An Alaska Native owner of restricted land 
     may, subject to the approval of the Secretary--
       (1) subdivide the restricted land in accordance with the 
     laws of the--
       (A) State; or
       (B) applicable local platting authority; and
       (2) execute a certificate of ownership and dedication with 
     respect to the restricted land subdivided under paragraph (1) 
     with the same effect under State law as if the restricted 
     land subdivided and dedicated were held by unrestricted fee 
     simple title.
       (b) Ratification of Prior Subdivisions and Dedications.--
     Any subdivision or dedication of restricted land executed 
     before the date of enactment this Act that has been approved 
     by the Secretary and by the applicable State or local 
     platting authority, as appropriate, is ratified and confirmed 
     by Congress as of the date on which the Secretary approved 
     the subdivision or dedication.

     SEC. 5. EFFECT.

       (a) In General.--Nothing in this Act validates or 
     invalidates any assertion--
       (1) that a Federally recognized Alaska Native tribe has or 
     lacks jurisdiction with respect to any land in the State;
       (2) that Indian country (as defined in section 1151 of 
     title 18, United States Code) exists or does not exist in the 
     State; or
       (3) that, except as provided in section 4, the State or any 
     political subdivision of the State does or does not have the 
     authority to regulate the use of any individually owned 
     restricted land.
       (b) Effect on Status of Land Not Dedicated.--Except in a 
     case in which a specific interest in restricted land is 
     dedicated under section (4)(a)(2), nothing in this Act 
     terminates, diminishes, or otherwise affects the continued 
     existence and applicability of Federal restrictions against 
     alienation and taxation on restricted land or interests in 
     restricted land (including restricted land subdivided under 
     section 4(a)(1)).

                          ____________________