[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1969 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1969
To provide for improved management of, and increased accountability
for, outfitted activities by which the public gains access to and
occupancy and use of Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 1999
Mr. Craig (for himself, Mr. Murkowski, and Mr. Thomas) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for improved management of, and increased accountability
for, outfitted activities by which the public gains access to and
occupancy and use of Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outfitter Policy Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the experience, skills, trained staff, and investment
in equipment that are provided by authorized outfitters are
necessary to provide access to Federal land to members of the
public that need or desire commercial outfitted activities to
facilitate their use and enjoyment of recreational or
educational opportunities on Federal land;
(2) such activities constitute an important contribution
toward meeting the recreational and educational objectives of
resource management plans approved and administered by agencies
of the Department of Agriculture and the Department of the
Interior;
(3) an effective relationship between those agencies and
authorized outfitters requires implementation of agency
policies and programs that provide for--
(A) a reasonable opportunity for an authorized
outfitter to realize a profit;
(B) a fair and reasonable return to the United
States through appropriate fees;
(C) renewal of outfitter permits based on a
performance evaluation system that rewards outfitters
that meet required performance standards and
discontinues outfitters that fail to meet those
standards; and
(D) transfer of an outfitter permit to the
qualified purchaser of the operation of an authorized
outfitter, an heir or assign, or another qualified
person or entity; and
(4) the provision of opportunities for outfitted visitors
to Federal land to engage in fishing and hunting is best served
by continued recognition that the States retain primary
authority over the taking of fish and wildlife on Federal land.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish terms and conditions of access to, and
occupancy and use of, Federal land by visitors who require or
desire the assistance of an authorized outfitter; and
(2) to establish a stable regulatory climate that
encourages a qualified person or entity to provide, and to
continue to invest in the ability to provide, outfitted
visitors with access to, and occupancy and use of, Federal
land.
SEC. 4. DEFINITIONS.
In this Act:
(1) Actual use.--The term ``actual use'' means the portion
of a principal allocation of outfitter use that an authorized
outfitter uses in conducting commercial outfitted activities
during a period, for a type of use, for a location, or in terms
of another measurement of the term or outfitted activities
covered by an outfitter permit.
(2) Allocation of use.--
(A) In general.--The term ``allocation of use''
means a method or measurement of access that--
(i) is granted by the Secretary to an
authorized outfitter for the purpose of
facilitating the occupancy and use of Federal
land by an outfitted visitor;
(ii) takes the form of--
(I) an amount or type of commercial
outfitted activity resulting from an
apportionment of the total recreation
capacity of a resource area; or
(II) in the case of a resource area
for which recreation capacity has not
been apportioned, a type of commercial
outfitted activity conducted in a
manner that is not inconsistent with or
incompatible with an approved resource
management plan; and
(iii) is calibrated in terms of amount of
use, type of use, or location of a commercial
outfitted activity, including user days or
portions of user days, seasons or other periods
of operation, launch dates, assigned camps, or
other formulations of the type or amount of
authorized activity.
(B) Inclusion.--The term ``allocation of use''
includes the designation of a geographic area, zone, or
district in which a limited number of authorized
outfitters are authorized to operate.
(3) Authorized outfitter.--
(A) In general.--The term ``authorized outfitter''
means a person that conducts a commercial outfitted
activity on Federal land under an outfitter
authorization.
(B) Inclusion.--The term ``authorized outfitter''
includes an outfitter that conducts a commercial
outfitted activity on Federal land under an outfitter
authorization awarded under an agreement between the
Secretary and a State or local government that provides
for the regulation by a State or local agency of
commercial outfitted activities on Federal land.
(4) Commercial outfitted activity.--The term ``commercial
outfitted activity'' means an authorized outfitted activity--
(A) that is available to the public;
(B) that is conducted under the direction of paid
staff; and
(C) for which an outfitted visitor is required to
pay more than shared expenses (including payment to an
authorized outfitter that is a nonprofit organization).
(5) Federal agency.--The term ``Federal agency'' means--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the United States Fish and Wildlife Service;
and
(D) the Bureau of Reclamation.
(6) Federal land.--
(A) In general.--The term ``Federal land'' means
all land and interests in land administered by a
Federal agency.
(B) Exclusion.--The term ``Federal land'' does not
include--
(i) land held in trust by the United States
for the benefit of an Indian tribe or
individual; or
(ii) land held by an Indian tribe or
individual subject to a restriction by the
United States against alienation.
(7) Institutional recreation program.--The term
``institutional recreation program'' means a program of
recreational activities on Federal land that may include the
conduct of an outfitted activity on Federal land sponsored and
guided by--
(A) an institution with a membership or limited
constituency, such as a religious, conservation, youth,
fraternal, or social organization; or
(B) an educational institution, such as a college
or university.
(8) Limited outfitter authorization.--The term ``limited
outfitter authorization'' means an outfitter authorization
under section 6(f).
(9) Livery.--The term ``livery'' means the dropping off or
picking up of visitors, supplies, or equipment on Federal land.
(10) Outfitted activity.--
(A) In general.--The term ``outfitted activity''
means an activity--
(i) such as outfitting, guiding,
supervision, education, interpretation, skills
training, assistance, or livery operation
conducted for a member of the public in an
outdoor environment; and
(ii) that uses the recreational, natural,
historical, or cultural resources of Federal
land.
(B) Exclusion.--The term ``outfitted activity''
does not include a service provided under the National
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
(11) Outfitted visitor.--The term ``outfitted visitor''
means a member of the public that relies on an authorized
outfitter for access to and occupancy and use of Federal land.
(12) Outfitter.--The term ``outfitter'' means a person that
conducts a commercial outfitted activity, including a person
that, by local custom or tradition, is known as a ``guide''.
(13) Outfitter authorization.--The term ``outfitter
authorization'' means--
(A) an outfitter permit; or
(B) a limited outfitter authorization.
(14) Outfitter permit.--The term ``outfitter permit'' means
an outfitter permit under section 6.
(15) Principal allocation of outfitter use.--The term
``principal allocation of outfitter use'' means a commitment by
the Secretary in an outfitter permit for an allocation of use
to an authorized outfitter in accordance with section 9.
(16) Resource area.--The term ``resource area'' means a
management unit that is described by or contained within the
boundaries of--
(A) a national forest;
(B) an area of public land;
(C) a wildlife refuge;
(D) a congressionally designated area;
(E) a hunting zone or district; or
(F) any other Federal planning unit (including an
area in which outfitted activities are regulated by
more than 1 Federal agency).
(17) Secretary.--The term ``Secretary'' means--
(A) with respect to Federal land administered by
the Forest Service, the Secretary of Agriculture,
acting through the Chief of the Forest Service or a
designee;
(B) with respect to Federal land administered by
the Bureau of Land Management, the Secretary of the
Interior, acting through the Director of the Bureau of
Land Management or a designee;
(C) with respect to Federal land administered by
the United States Fish and Wildlife Service, the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service or a
designee; and
(D) with respect to Federal land administered by
the Bureau of Reclamation, the Secretary of the
Interior, acting through the Commissioner of
Reclamation or a designee.
(18) Temporary allocation of use.--The term ``temporary
allocation of use'' means an allocation of use to an authorized
outfitter in accordance with section 9.
SEC. 5. NONOUTFITTER USE AND ENJOYMENT.
Nothing in this Act enlarges or diminishes the right or privilege
of occupancy and use of Federal land under any applicable law
(including planning process rules and any administrative allocation),
by a commercial or noncommercial individual or entity that is not an
authorized outfitter or outfitted visitor.
SEC. 6. OUTFITTER AUTHORIZATIONS.
(a) In General.--
(1) Prohibition.--No person or entity, except an authorized
outfitter, shall conduct a commercial outfitted activity on
Federal land.
(2) Conduct of outfitted activities.--An authorized
outfitter shall not conduct an outfitted activity on Federal
land except in accordance with an outfitter authorization.
(3) Special rule for alaska.--With respect to a commercial
outfitted activity conducted in the State of Alaska, the
Secretary shall not establish or impose a limitation on access
by an authorized outfitter that is inconsistent with the access
ensured under subsections (a) and (b) of section 1110 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3170).
(b) Terms and Conditions.--An outfitter authorization shall
specify--
(1) the rights and obligations of the authorized outfitter
and the Secretary; and
(2) other terms and conditions of the authorization.
(c) Criteria for Award of an Outfitter Permit.--The Secretary shall
establish criteria for award of an outfitter permit that--
(1) identify skilled, experienced, and financially capable
persons or entities with knowledge of the resource area to
offer and conduct commercial outfitted activities;
(2) provide a stable regulatory climate in accordance with
this Act and other law (including regulations) that encourages
a qualified person or entity to provide, and to continue to
invest in the ability to provide, commercial outfitted
activities;
(3) offer a reasonable opportunity for an authorized
outfitter to realize a profit; and
(4) subordinate considerations of revenue to the United
States to the objectives of--
(A) providing recreational or educational
opportunities for the outfitted visitor;
(B) providing for the health and welfare of the
public; and
(C) conserving resources.
(d) Award.--
(1) In general.--The Secretary may award an outfitter
permit under this Act if--
(A) the commercial outfitted activity to be
authorized is not inconsistent with or incompatible
with an approved resource management plan applicable to
the resource area in which the commercial outfitted
activity is to be conducted; and
(B) the authorized outfitter meets the criteria
established under subsection (c)(1).
(2) Use of competitive process.--
(A) In general.--Except as otherwise provided by
this Act, the Secretary shall use a competitive process
to select an authorized outfitter to which an outfitter
permit is to be awarded.
(B) Exception for certain activities.--The
Secretary may award an outfitter permit to an applicant
without conducting a competitive selection process if
the Secretary determines that--
(i) the applicant meets criteria
established by the Secretary under subsection
(c); and
(ii) there is no competitive interest in
the commercial outfitted activity to be
conducted.
(C) Exception for renewals and transfers.--The
Secretary shall award an outfitter permit to an
applicant without conducting a competitive selection
process if the authorization is a renewal or transfer
of an existing outfitter permit under section 11 or 12.
(e) Provisions of Outfitter Permits.--
(1) In general.--An outfitter permit shall provide for--
(A) the health and welfare of the public;
(B) conservation of resource values;
(C) a fair and reasonable return to the United
States through an authorization fee in accordance with
section 7;
(D) a term of 10 years;
(E) the obligation of an authorized outfitter to
defend and indemnify the United States in accordance
with section 8;
(F) a principal allocation of outfitter use, and,
if appropriate, a temporary allocation of use, in
accordance with section 9;
(G) a plan to conduct performance evaluations in
accordance with section 10;
(H) renewal or termination of an outfitter permit
in accordance with section 11;
(I) transfer of an outfitter permit in accordance
with section 12;
(J) a means of modifying an outfitter permit to
reflect material changes from the terms and conditions
specified in the outfitter permit;
(K) notice of a right of appeal and judicial review
in accordance with section 14; and
(L) such other terms and conditions as the
Secretary may require.
(2) Extensions.--The Secretary may award not more than 3
temporary 1-year extensions of an outfitter permit, unless the
Secretary determines that extraordinary circumstances warrant
additional extensions.
(f) Limited Outfitter Authorizations.--
(1) In general.--The Secretary may issue a limited
outfitter authorization to an applicant for incidental
occupancy and use of Federal land for the purpose of conducting
a commercial outfitted activity on a limited basis.
(2) Term.--A limited outfitter authorization shall have a
term of not to exceed 2 years.
(3) Reissuance or renewal.--A limited outfitter
authorization may be reissued or renewed at the discretion of
the Secretary.
SEC. 7. AUTHORIZATION FEES.
(a) Amount of Fee.--
(1) In general.--An outfitter permit shall provide for
payment to the United States of a fair and reasonable
authorization fee, as determined by the Secretary.
(2) Determination of amount of fee.--In determining the
amount of an authorization fee, the Secretary shall take into
consideration--
(A) the obligations of the outfitter under the
outfitter permit;
(B) the provision of a reasonable opportunity for
net profit in relation to capital invested; and
(C) economic conditions.
(b) Establishment of Amount Applicable to an Outfitter Permit.--
(1) In general.--The amount of the authorization fee paid
to the United States for the term of an outfitter permit shall
be specified in the outfitter permit.
(2) Requirements.--The amount of the authorization fee--
(A)(i) shall be expressed as--
(I) a simple charge per day of
actual use; or
(II) an annual or seasonable flat
fee;
(ii) if calculated as a percentage of
revenue, shall be determined based on adjusted
gross receipts; or
(iii) with respect to a commercial
outfitted activity conducted in the State of
Alaska, shall be based on a simple charge per
user day;
(B) shall be subordinate to the objectives of--
(i) conserving resources;
(ii) protecting the health and welfare of
the public; and
(iii) providing reliable, consistent
performance in conducting outfitted activities;
and
(C) shall be required to be paid by an authorized
outfitter to the United States on a reasonable schedule
during the operating season.
(3) Adjusted gross receipts.--For the purpose of paragraph
(2)(A)(ii), the Secretary shall--
(A) take into consideration revenue from the gross
receipts of the authorized outfitter from commercial
outfitted activities conducted on Federal land; and
(B) exclude from consideration any revenue that is
derived from--
(i) fees paid by the authorized outfitter
to any unit of Federal, State, or local
government for--
(I) hunting or fishing licenses;
(II) entrance or recreation fees;
or
(III) other purposes (other than
commercial outfitted activities
conducted on Federal land);
(ii) goods and services sold to outfitted
visitors that are not within the scope of
authorized outfitter activities conducted on
Federal land; or
(iii) operations on non-Federal land.
(4) Substantially similar services in a specific geographic
area.--
(A) In general.--Except as provided in subparagraph
(B), if more than 1 outfitter permit is awarded to
conduct the same or similar commercial outfitted
activities in the same resource area, the Secretary
shall establish an identical fee for all such outfitter
permits.
(B) Exception.--The terms and conditions of an
existing outfitter permit shall not be subject to
modification or open to renegotiation by the Secretary
because of the award of a new outfitter permit at the
same resource area for the same or similar commercial
outfitted activities.
(5) Actual use.--
(A) In general.--For the purpose of calculating an
authorization fee for actual use under clauses (ii) and
(iii) of paragraph (2)(A), the sum of authorization
fees proportionately assessed per outfitted visitor in
a single calendar day for commercial outfitted
activities at more than 1 resource area shall be not
greater than the equivalent fee charged for 1 full user
day.
(B) Reconsideration of fee.--The authorization fee
may be reconsidered during the term of the outfitter
permit in accordance with paragraph (6) or section
9(c)(3) at the request of the Secretary or the
authorized outfitter.
(6) Adjustment of fees.--The amount of an authorization
fee--
(A) shall be determined as of the date of the
outfitter permit; and
(B) may be modified to reflect--
(i) changes relating to the terms and
conditions of the outfitter permit, including 1
or more outfitter permits described in
paragraph (5);
(ii) extraordinary unanticipated changes
affecting operating conditions, such as natural
disasters, economic conditions, or other
material adverse changes from the terms and
conditions specified in the outfitter permit;
(iii) changes affecting operating or
economic conditions determined by other
governing entities, such as the availability of
State fish or game licenses; or
(iv) the imposition of new or higher fees
assessed under other law.
(c) Establishment of Amount Applicable to a Limited Outfitter
Authorization.--The Secretary shall determine the amount of an
authorization fee, if any, under a limited outfitter authorization.
SEC. 8. LIABILITY AND INDEMNIFICATION.
(a) In General.--An authorized outfitter shall defend and indemnify
the United States for costs or expenses associated with injury, death,
or damage to any person or property caused by the authorized
outfitter's negligence, gross negligence, or willful and wanton
disregard for persons or property arising directly out of the
authorized outfitter's conduct of a commercial outfitted activity under
an outfitter authorization.
(b) No Liability.--An authorized outfitter--
(1) shall have no responsibility to defend or indemnify the
United States, its agents, employees, or contractors, or third
parties for costs or expenses associated with injury, death, or
damage to any person or property caused by the acts, omissions,
negligence, gross negligence, or willful and wanton misconduct
of the United States, its agents, employees, or contractors, or
third parties;
(2) shall not incur liability of any kind to the United
States, its agents, employees, or contractors, or third parties
as a result of the award of an outfitter authorization or as a
result of the conduct of a commercial outfitted activity under
an outfitter authorization absent a finding by a court of
competent jurisdiction of negligence, gross negligence, or
willful and wanton disregard for persons or property on the
part of the authorized outfitter; and
(3) shall have no responsibility to defend or indemnify the
United States, its agents, employees, or contractors, or third
parties for costs or expenses associated with injury, death, or
damage to any person or property resulting from the inherent
risks of the commercial outfitted activity conducted by the
authorized outfitter under the outfitter authorization or the
inherent risks present on Federal land.
(c) Agreements.--An authorized outfitter may enter into contracts
or other agreements with outfitted visitors, including agreements
providing for release, waiver, indemnification, acknowledgment of risk,
or allocation of risk.
SEC. 9. ALLOCATION OF USE.
(a) In General.--In a manner that is not inconsistent with or
incompatible with an approved resource management plan applicable to
the resource area in which a commercial outfitted activity occurs, the
Secretary--
(1) shall provide a principal allocation of outfitter use
to an authorized outfitter under an outfitter permit; and
(2) may provide a temporary allocation of use to an
authorized outfitter under an outfitter permit.
(b) Renewals, Transfers, and Extensions.--The Secretary shall
provide a principal allocation of outfitter use to an authorized
outfitter that--
(1) in the case of the renewal of an outfitter permit, is
not inconsistent with or incompatible with the terms and
conditions of an approved resource management plan applicable
to the resource area in which the commercial outfitted activity
occurs; or
(2) in the case of the transfer or temporary extension of
an outfitter permit, is the same amount of principal allocation
of outfitter use provided to the current authorized outfitter.
(c) Waiver.--
(1) In general.--At the request of an authorized outfitter,
the Secretary may waive any obligation of the authorized
outfitter to use all or part of the amount of allocation of use
provided under the outfitter permit, if the request is made in
sufficient time to allow the Secretary to temporarily
reallocate the unused portion of the allocation of use in that
season or calendar year.
(2) Reclaiming of allocation of use.--Unless the Secretary
has reallocated the unused portion of an allocation of use in
accordance with paragraph (1), the authorized outfitter may
reclaim any part of the unused portion in that season or
calendar year.
(3) No fee obligation.--An outfitter permit fee may not be
charged for any amount of allocation of use subject to a waiver
under paragraph (1).
(d) Adjustment to Allocation of Use.--The Secretary--
(1) may adjust an allocation of use assigned to an
authorized outfitter to reflect--
(A) material change arising from approval of a
change in the resource management plan for the area of
operation; or
(B) requirements arising under other law; and
(2) shall provide an authorized outfitter with
documentation supporting the basis for any adjustment in the
principal allocation of outfitter use, including new terms and
conditions that result from the adjustment.
(e) Temporary Allocation of Use.--
(1) In general.--A temporary allocation of use may be
provided to an authorized outfitter at the discretion of the
Secretary for a period not to exceed 2 years.
(2) Renewals, transfers, and extensions.--A temporary
allocation of use may be renewed, transferred, or extended at
the discretion of the Secretary.
SEC. 10. EVALUATION OF PERFORMANCE UNDER OUTFITTER PERMITS.
(a) Evaluation Process.--
(1) In general.--The Secretary shall develop a process for
annual evaluation of the performance of an authorized outfitter
in conducting a commercial outfitted activity under an
outfitter permit.
(2) Evaluation criteria.--Criteria to be used by the
Secretary to evaluate the performance of an authorized
outfitter shall--
(A) be objective, measurable, and reasonably
attainable; and
(B) include--
(i) standards generally applicable to all
commercial outfitted activities;
(ii) standards specific to a resource area,
an individual outfitter operation, or a type of
commercial outfitted activity; and
(iii) such other terms and conditions of
the outfitter permit as are agreed to by the
Secretary and the authorized outfitter as measurements of performance.
(3) Special rule for alaska.--With respect to commercial
outfitted activities conducted in the State of Alaska,
objectives relating to conservation of natural resources and
the taking of fish and game shall not be inconsistent with the
laws (including regulations) of the Alaska Department of Fish
and Game.
(4) Requirements.--In evaluating the level of performance
of an authorized outfitter, the Secretary shall--
(A) appropriately account for factors beyond the
control of the authorized outfitter, including
conditions described in section 7(b)(6)(B);
(B) ensure that the effect of any performance
deficiency reflected by the performance rating is
proportionate to the severity of the deficiency,
including any harm that may have resulted from the
deficiency; and
(C) allow additional credit to be earned for
elements of performance that exceed the requirements of
the outfitter permit.
(b) Levels of Performance.--The Secretary shall define 3 levels of
performance, as follows:
(1) Good, indicating a level of performance that fulfills
the terms and conditions of the outfitter permit.
(2) Marginal, indicating a level of performance that, if
not corrected, will result in an unsatisfactory level of
performance.
(3) Unsatisfactory, indicating a level of performance that
fails to fulfill the terms and conditions of the outfitter
permit.
(c) Performance Evaluation.--
(1) Evaluation system.--The Secretary shall establish a
performance evaluation system that assures the public of
continued availability of dependable commercial outfitted
activities and discontinues any authorized outfitter that fails
to meet the required standards.
(2) Procedure.--An authorized outfitter shall be entitled--
(A) to be present, or represented, at inspections
of operations or facilities, which inspections shall be
limited to the operations and facilities of the
authorized outfitter located on Federal land;
(B) to receive written notice of any conduct or
condition that, if not corrected, might lead to a
performance evaluation of marginal or unsatisfactory,
which notice shall include an explanation of needed
corrections and provide a reasonable period of time in
which the corrections may be made without penalty; and
(C) to receive written notice of the results of the
performance evaluation not later than 30 days after the
conclusion of the authorized outfitter's operating
season, including the level of performance and the
status of corrections that may have been required.
(d) Marginal Performance.--If an authorized outfitter's level of
performance for a year is determined to be marginal, and the authorized
outfitter fails to complete the corrections within the time period
specified under subsection (c)(2)(B), the level of performance shall be
determined to be unsatisfactory for the year.
(e) Determination of Eligibility for Renewal.--
(1) In general.--The results of all annual performance
evaluations of an authorized outfitter shall be reviewed by the
Secretary in the year preceding the year in which the outfitter
permit expires to determine whether the authorized outfitter's
overall performance during the term has met the requirements
for renewal under section 11.
(2) Failure to evaluate.--If, in any year of the term of an
outfitter permit, the Secretary fails to evaluate the
performance of the authorized outfitter by the date that is 60
days after the conclusion of the authorized outfitter's
operating season, the performance of the authorized outfitter
in that year shall be considered to have been good.
(3) Notice.--Not later than 60 days after the end of the
year preceding the year in which an outfitter permit expires,
the Secretary shall provide the authorized outfitter with the
cumulative results of performance evaluations conducted under
this subsection during the term of the outfitter permit.
(4) Unsatisfactory performance in final year.--If an
authorized outfitter receives an unsatisfactory performance
rating under subsection (d) in the final year of the term of an
outfitter permit, the review and determination of eligibility
for renewal of the outfitter permit under paragraph (1) shall
be revised to reflect that result.
SEC. 11. RENEWAL OR TERMINATION OF OUTFITTER PERMITS.
(a) Renewal at Expiration of Term.--
(1) In general.--On expiration of the term of an outfitter
authorization, the Secretary shall renew the authorization in
accordance with paragraph (2).
(2) Determination based on annual performance rating.--The
Secretary shall renew an outfitter authorization under
paragraph (1) at the request of the authorized outfitter and
subject to the requirements of this Act if the Secretary
determines that the authorized outfitter has received not more
than 1 unsatisfactory annual performance rating under section
10 during the term of the outfitter permit.
(b) Termination.--An outfitter permit may be terminated only if the
Secretary determines that--
(1) the authorized outfitter has failed to correct a
condition for which the authorized outfitter received notice
under section 10(c)(2)(B) and the condition is considered by
the Secretary to be significant with respect to the health and
welfare of outfitted visitors or the conservation of resources;
(2) the authorized outfitter is repeatedly in arrears in
the payment of fees under section 7; or
(3) the authorized outfitter's conduct demonstrates
repeated and willful disregard for--
(A) the health and welfare of outfitted visitors;
or
(B) the conservation of resources on which the
commercial outfitted activities are conducted.
SEC. 12. TRANSFERABILITY OF OUTFITTER PERMITS.
(a) In General.--An outfitter permit shall not be transferred
(including assigned or otherwise conveyed or pledged) by the authorized
outfitter without prior written notification to, and approval by, the
Secretary.
(b) Approval.--
(1) In general.--The Secretary shall approve a transfer of
an outfitter permit unless the Secretary determines that the
transferee does not have sufficient professional, financial,
and other resources or business experience to be capable of
performing under the outfitter permit for the remainder of the
term of the outfitter permit.
(2) Qualified transferees.--Subject to section 6(d)(1), the
Secretary shall approve a transfer of an outfitter permit--
(A) to a purchaser of the operation of the
authorized outfitter;
(B) at the request of the authorized outfitter, to
an assignee, partner, or stockholder or other owner of
an interest in the operation of the authorized
outfitter; or
(C) on the death of the authorized outfitter, to an
heir or assign.
(c) No Modification as Condition of Approval.--The terms and
conditions of an outfitter permit shall not be subject to modification
or open to renegotiation by the Secretary because of a transfer
described in subsection (a), unless the terms and conditions of the
outfitter permit that is proposed to be transferred have become
inconsistent or incompatible with an approved resource management plan
for the resource area as a result of a modification to the plan.
(d) Consideration Period.--
(1) Threshold for automatic approval.--Subject to paragraph
(2), if the Secretary fails to approve or disapprove the
transfer of an outfitter permit within 90 days after the date
of receipt of an application containing the information
required with respect to the transfer, the transfer shall be
deemed to have been approved.
(2) Extension.--The Secretary and the authorized outfitter
making application for transfer of an outfitter permit may
agree to extend the period for consideration of the
application.
(e) Continuance of Outfitter Permit.--If the transfer of an
outfitter permit is not approved by the Secretary or if the transfer is
not subsequently made, the outfitter permit shall remain in effect.
SEC. 13. RECORDKEEPING REQUIREMENTS.
(a) In General.--An authorized outfitter shall keep such reasonable
records as the Secretary may require to enable the Secretary to
determine that all the terms of the outfitter authorization have been
and are being carried out.
(b) Burden on Authorized Outfitter.--The recordkeeping requirements
established by the Secretary shall incorporate simplified procedures
that do not impose an undue burden on an authorized outfitter.
(c) Access to Records.--The Secretary, or an authorized
representative of the Secretary, shall, until the end of the fifth
calendar year beginning after the end of the business year of an
authorized outfitter, have access to and the right to examine any
books, papers, documents, and records of the authorized outfitter
relating to each outfitter authorization held by the authorized
outfitter during the business year.
SEC. 14. APPEALS AND JUDICIAL REVIEW.
(a) Appeals Procedure.--The Secretary shall by regulation--
(1) grant an authorized outfitter full access to
administrative remedies under the Secretary's authority at the
time of an appeal; and
(2) establish an expedited procedure for consideration of
appeals of Federal agency decisions to deny, suspend, fail to
renew, or terminate an outfitter permit.
(b) Judicial Review.--An authorized outfitter that is adversely
affected by a final decision of the Secretary under this Act may
commence a civil action in United States district court.
SEC. 15. INSTITUTIONAL RECREATION PROGRAMS.
(a) In General.--The Secretary shall manage the occupancy and use
of Federal land by institutional recreation programs that conduct
outfitted activities under this Act.
(b) Requirements.--In managing an institutional recreation program
authorized under this Act, the Secretary shall require that the
program--
(1) operate in a manner that is not inconsistent with or
incompatible with an approved resource management plan
applicable to the resource area in which the outfitted activity
is conducted;
(2) provide for the health and welfare of members of the
sponsoring organization or affiliated participants; and
(3) ensure the conservation of resources.
SEC. 16. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Other Law.--Each program of outfitted
activities carried out on Federal land shall be consistent with the
mission of the administering Federal agency and all laws (including
regulations) applicable to the outfitted activities.
(b) Consistency With Rights of United States.--Nothing in this Act
limits or restricts any right, title, or interest of the United States
in or to any land or resource.
SEC. 17. REGULATIONS.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall promulgate such regulations as are appropriate to carry
out this Act.
SEC. 18. RELATIONSHIP TO OTHER LAW.
(a) National Park Omnibus Management Act of 1998.--Nothing in this
Act supersedes or otherwise affects any provision of title IV of the
National Park Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.).
(b) State Outfitter Licensing Law.--This Act does not preempt any
outfitter or guide licensing law (including any regulation) of any
State or territory.
SEC. 19. TRANSITION PROVISIONS.
(a) In General.--
(1) Outfitters with satisfactory ratings.--An outfitter
that holds a permit, contract, or other authorization to
conduct commercial outfitted activities (or an extension of
such a permit, contract, or other authorization) in effect on
the date of enactment of this Act shall be entitled, on request
or on expiration of the authorization, to the issuance of an
outfitter permit under this Act if a recent performance
evaluation determined that the outfitter's aggregate
performance under the permit, contract, or other authorization
was good or was the equivalent of good, satisfactory, or
acceptable under a rating system in use before the date of
enactment of this Act.
(2) Outfitters with no ratings.--For the purpose of
paragraph (1), if no recent performance evaluation exists with
respect to an outfitter, the outfitter's aggregate performance
under the permit, contract, or other authorization shall be
deemed to be good.
(b) Effect of Issuance of Outfitter Permit.--The issuance of an
outfitter permit under subsection (a) shall not adversely affect any
right or obligation that existed under the permit, contract, or other
authorization (or an extension of the permit, contract, or other
authorization) on the date of enactment of this Act.
<all>