[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Pages S9499-S9503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______