[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1420
To establish terms and conditions for use of certain Federal land by
outfitters and to facilitate public opportunities for the recreational
use and enjoyment of such land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2003
Mr. Craig introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish terms and conditions for use of certain Federal land by
outfitters and to facilitate public opportunities for the recreational
use and enjoyment of such land.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outfitter Policy Act of 2003''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of
Agriculture and the Secretary of the Interior to facilitate the use and
enjoyment of recreational and educational opportunities on Federal land
by establishing a program for the permitting of providers of outfitted
activities that--
(1) recognizes that outfitted activities constitute an
important component of meeting the recreational and educational
objectives of resource and land management;
(2) is based on developing an effective relationship
between the Federal agency and the outfitters that facilitates
an administrative framework and regulatory environment that
makes it possible for outfitters to engage in, and invest in, a
successful business venture that provides for recreational use
of Federal land by the segment of the public that needs or
wants the services of outfitters and guides; and
(3) ensures that the United States receives fair value for
use of Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allocation of use.--
(A) In general.--The term ``allocation of use''
means a method or measurement of use that--
(i) is granted by the Secretary to an
authorized outfitter for the purpose of
facilitating the occupancy and use of Federal
land by an outfitted visitor;
(ii) takes the form of--
(I) an amount or type of commercial
outfitted activity resulting from an
apportionment of the total recreation
capacity of a resource area; or
(II) in the case of a resource area
for which recreation capacity has not
been apportioned, a type of commercial
outfitted activity conducted in a
manner that is not inconsistent with or
incompatible with an approved resource
management plan; and
(iii) is calibrated in terms of amount of
use, type of use, or location of a commercial
outfitted activity, including user days or
portions of user days, seasons or other periods
of operation, launch dates, assigned camps,
hunt, gun, or fish days, or other formulations
of the type or amount of authorized activity.
(B) Inclusion.--The term ``allocation of use''
includes the designation of a geographic area, zone, or
district in which a limited number of authorized
outfitters are authorized to operate.
(2) Authorized outfitter.--The term ``authorized
outfitter'' means a person or entity that conducts a commercial
outfitted activity on Federal land under an outfitter
authorization.
(3) Commercial outfitted activity.--The term ``commercial
outfitted activity'' means an activity--
(A) conducted for a member of the public in an
outdoor environment on Federal land, such as--
(i) outfitting;
(ii) guiding;
(iii) supervision;
(iv) education;
(v) interpretation;
(vi) skills training;
(vii) assistance; or
(viii) the dropping off or picking up of
visitors, supplies, or equipment;
(B) conducted under the direction of compensated
individuals; and
(C) for which an outfitted visitor is required to
pay more than shared expenses (including payment to an
authorized outfitter that is a nonprofit organization).
(4) Federal agency.--The term ``Federal agency'' means--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the United States Fish and Wildlife Service; or
(D) the Bureau of Reclamation.
(5) Federal land.--
(A) In general.--The term ``Federal land'' means
all land and interests in land administered by a
Federal agency.
(B) Exclusion.--The term ``Federal land'' does not
include--
(i) land held in trust by the United States
for the benefit of an Indian tribe or
individual; or
(ii) land held by an Indian tribe or
individual subject to a restriction by the
United States against alienation.
(6) Outfitter authorization.--The term ``outfitter
authorization'' means--
(A) an outfitter permit;
(B) a temporary outfitter authorization; or
(C) any other authorization to use and occupy
Federal land under this Act.
(7) Resource area.--The term ``resource area'' means a
management unit that is described by or contained within the
boundaries of--
(A) a national forest;
(B) an area of public land;
(C) a wildlife refuge;
(D) a congressionally designated area;
(E) a hunting zone or district; or
(F) any other Federal planning unit (including an
area in which outfitted activities are regulated by
more than 1 Federal agency).
(8) Secretary.--The term ``Secretary'' means--
(A) with respect to Federal land administered by
the Forest Service, the Secretary of Agriculture; and
(B) with respect to Federal land administered by
the Bureau of Land Management, the United States Fish
and Wildlife Service, or the Bureau of Reclamation, the
Secretary of the Interior.
SEC. 4. OUTFITTER AUTHORIZATIONS.
(a) In General.--
(1) Prohibition.--No person or entity, except an authorized
outfitter, shall conduct a commercial outfitted activity on
Federal land.
(2) Special rule for alaska.--With respect to a commercial
outfitted activity conducted in the State of Alaska, the
Secretary shall not establish or impose a limitation on access
by an authorized outfitter that is inconsistent with the access
ensured under subsections (a) and (b) of section 1110 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3170).
(b) Terms and Conditions.--An outfitter authorization shall
specify--
(1) the rights and privileges of the authorized outfitter
and the Secretary; and
(2) other terms and conditions of the authorization.
(c) Criteria for Issuing an Outfitter Permit.--The Secretary shall
establish criteria for the issuance of an outfitter permit that--
(1) recognize skilled, experienced, and financially capable
persons or entities with knowledge of the resource area;
(2) consider the safety of, and the quality recreational
experience, educational opportunities, and resources available
to, the outfitted visitor; and
(3) recognize and provide a range of public services.
(d) Issuance of Outfitter Permit.--
(1) In general.--The Secretary may issue an outfitter
permit under this Act if--
(A) the commercial outfitted activity to be
authorized is not inconsistent with an approved
resource management plan applicable to the resource
area in which the commercial outfitted activity is to
be conducted; and
(B) the authorized outfitter meets the criteria
established under subsection (c).
(2) Use of competitive process.--Except as otherwise
provided by this Act, the Secretary shall use a competitive
process to select an authorized outfitter if the Secretary
determines that there is a competitive interest in the
commercial outfitted activity to be conducted.
(e) Provisions of Outfitter Permits.--
(1) In general.--An outfitter permit shall provide for--
(A) the health and welfare of the public;
(B) conservation of resources;
(C) a return to the United States through the fees
authorized under section 5;
(D)(i) a term of 10 years; or
(ii) a term of less than 10 years if--
(I) foreseeable amendments in resource
management plans would create conditions that,
less than 10 years after the date of issuance
of the permit, would materially affect, and
necessitate changes in the terms and conditions
of, a permit; and
(II) the Secretary and the authorized
outfitter agree to the reduced permit term;
(E) a probationary period of 2 years if the
authorized outfitter is a new authorized outfitter;
(F) the obligation of an authorized outfitter to
defend and indemnify the United States under section 6;
(G) a base allocation of outfitter use, and, if
appropriate, a temporary allocation of use;
(H) a plan to conduct performance evaluations under
section 8;
(I) a means to modify, on the initiative of the
Federal agency or on the request of the authorized
outfitter, an outfitter permit to reflect material
changes in terms and conditions specified in the
outfitter permit;
(J) notice of a right of appeal and judicial
review; and
(K) such other terms and conditions as the
Secretary may require.
(2) Extensions.--The Secretary may issue not more than 3 1-
year extensions of an outfitter permit, unless the Secretary
determines that extraordinary circumstances warrant additional
extensions.
(f) Temporary Outfitter Authorizations.--
(1) In general.--The Secretary may issue a temporary
outfitter authorization for the purpose of conducting a
commercial outfitted activity on a limited basis.
(2) Term.--A temporary outfitter authorization shall have a
term of not more than 2 years.
(3) Reissuance or renewal.--A temporary outfitter
authorization may be reissued or renewed at the discretion of
the Secretary.
SEC. 5. FEES.
(a) Amount of Fee.--
(1) In general.--In determining the amount of a fee, the
Secretary shall--
(A) use consistent methodologies; and
(B) take into consideration--
(i) the financial obligations of the
outfitter under the outfitter permit;
(ii) the provision of a reasonable
opportunity to engage in a successful business;
(iii) the fair value of the use and
occupancy granted by the outfitter
authorization; and
(iv) other fees charged to the general
public, such as entrance fees.
(2) Requirements.--The amount of the fee--
(A)(i) shall be expressed as--
(I) a simple charge per day of actual use;
or
(II) an annual or seasonable flat fee; or
(ii) if calculated as a percentage of revenue--
(I) shall be determined based on adjusted
gross receipts; and
(II) shall include a minimum fee;
(B) shall be subordinate to the objectives of--
(i) conserving resources;
(ii) protecting the health and welfare of
the public;
(iii) providing reliable and consistent
performance in conducting outfitted activities;
and
(iv) providing quality service to the
public; and
(C) shall be required to be paid on a reasonable
schedule during the operating season.
(3) Actual use.--For the purpose of calculating a fee based
on actual use, the Secretary shall--
(A) consider multiple outfitted activities
conducted in 1 day with separate charges as 1 actual
use day; and
(B) consider an activity conducted across agency
jurisdictions over the course of 1 day as 1 actual use
day.
(4) Adjusted gross receipts.--For the purpose of paragraph
(2)(A)(ii), the Secretary shall--
(A) take into consideration revenue from the gross
receipts of the authorized outfitter from commercial
outfitted activities conducted on Federal land; and
(B) exclude from consideration any revenue that is
derived from--
(i) fees paid by the authorized outfitter
to any unit of Federal, State, or local
government for--
(I) hunting or fishing licenses;
(II) entrance or recreation fees;
or
(III) other purposes (other than
commercial outfitted activities
conducted on Federal land);
(ii) a sale of assets used in the
operations of the authorized outfitter; or
(iii) activities conducted on non-Federal
land.
(5) Fees for substantially similar services in a specific
geographic area.--
(A) In general.--Except as provided in subparagraph
(B), if more than 1 outfitter permit is issued to
conduct the same or similar commercial outfitted
activities in the same resource area, the Secretary
shall establish an identical fee for all such outfitter
permits.
(B) Exception.--The terms and conditions of an
existing outfitter permit shall not be subject to
modification or open to renegotiation by the Secretary
because of the issuance of a new outfitter permit in
the same resource area.
(6) Adjustment of fees.--The amount of a fee--
(A) shall be determined and made effective as of
the date of the outfitter permit; and
(B) may be modified to reflect--
(i) changes in outfitted activities
relating to fees based on actual use;
(ii) extraordinary unanticipated changes
affecting operating conditions, such as natural
disasters, economic conditions, or other
material adverse changes from the terms and
conditions specified in the outfitter permit;
(iii) changes affecting operating or
economic conditions determined by other
governing entities, such as the availability of
State fish or game licenses;
(iv) the imposition of new or increased
fees assessed under other law; or
(v) authorized adjustments made to an
allocation of use.
(b) Other Fees and Costs.--
(1) In general.--In establishing fees other than the fees
authorized under this Act that may directly or indirectly
affect authorized outfitters, the Secretary shall--
(A) ensure that the fees do not materially and
adversely affect--
(i) the ability of authorized outfitters to
provide quality services at reasonable rates;
and
(ii) the opportunity of authorized
outfitters to engage in a successful business
venture; and
(B)(i) consider the cumulative impact of fees
levied under this Act, any cost recovery requirements,
and State and local taxes and fees on authorized
outfitters; and
(ii) adjust the fees as appropriate; and
(C) to the extent practicable, consolidate the fees
into 1 predictable fee.
(2) Processing fees and costs.--Fees for processing
applications for outfitter permits or monitoring compliance
with permits terms and conditions shall not seek to recover
costs of agency activities that benefit broadly the general
public, relate directly to agency statutory duties, or are not
directly related to or required for processing of applications
or monitoring of an authorization.
(3) Notice.--A change in the manner in which a fee charged
under paragraph (1) or (2) is determined shall be valid only
if--
(A) the Secretary provides written notice to
authorized outfitters affected by the change; or
(B) the authorized outfitter agrees to the change.
SEC. 6. LIABILITY AND INDEMNIFICATION.
(a) General.--An authorized outfitter shall pay the United States
for all injury, loss, damage, and costs arising from negligence, gross
negligence, or willful and wanton disregard for persons or property
associated with the authorized outfitter's conduct of a commercial
outfitted activity under an outfitter authorization.
(b) Indemnification.--An authorized outfitter shall defend and
indemnify the United States for all injury, loss, damage, and costs the
United States may incur as a result of judgments, claims, or losses
arising from negligence, gross negligence, or willful and wanton
disregard for persons or property associated with the authorized
outfitter's conduct of a commercial outfitted activity under an
outfitter authorization.
(c) Environmental and Other Liability.--Subsections (a) and (b)
shall not be interpreted to limit any liability for, or prevent the
United States from taking any action to address, injury, loss, damages,
or costs associated with environmental contamination, injury to natural
resources, or other cause of action that arises under other law,
including the Resource Conservation Recovery Act (7 U.S.C. 1010, et
seq.), the Comprehensive Environmental Response Compensation and
Liability Act (42 U.S.C. 19 9601, et seq.), and Clean Water Act (33
U.S.C. 1251, et seq.), in connection with the authorized outfitter's
use and occupancy of Federal lands, or to diminish any independent
obligation of the authorized outfitter to indemnify the United States
with respect to the same.
(d) Exception.--An authorized outfitter shall have no obligation to
pay, defend, or indemnify the United States under subsections (a) and
(b) for any injury, loss, damage, or costs for which the United States
is solely responsible.
(e) Finding of Cognizable Claim.--
(1) Actions required before presenting claim.--Before
presenting any claim to an authorized outfitter for injury,
loss, damage, or costs incurred by the United States pursuant
to subsection (a) or (b), the Secretary shall--
(A) submit to the authorized outfitter a
preliminary finding that the claim is cognizable; and
(B) provide the authorized outfitter with an
opportunity to comment before submitting the final
finding to the authorized outfitter.
(2) Administrative claims.--Nothing in this section is
intended to preclude the United States from pursuing its claims
administratively, without first obtaining a judicial
determination of liability.
(f) Assumption of Risk and Waivers of Liability.--
(1) General requirements.--An authorized outfitter may
enter into agreements with outfitted visitors for assumption of
risk and waiver of liability for negligence in connection with
inherently dangerous outfitted activities, if--
(A) the waiver of liability also runs in favor of
the United States and its agents, employees, or
contractors;
(B) the waiver of liability adequately covers the
risks of loss to the United States associated with the
authorized outfitter's activities on Federal lands;
(C) the waiver of liability does not abrogate,
limit, or in any manner affect the authorized
outfitter's obligation to indemnify the United States
under this section; and
(D) the waiver of liability does not affect the
ability of the United States to recover as an
additional insured under any insurance policy obtained
by an authorized outfitter in connection with a
commercial outfitted activity.
(2) Prior written approval required.--No waiver of
liability may be used by an authorized outfitter without prior
written approval of the Federal agency. The Federal agency has
the discretion to deny requests for the use of waivers of
liability for any reason if deemed not in the best interests of
the United States.
(3) Standardization.--Waivers of liability used by
authorized outfitters and insurance policies obtained by
authorized outfitters in connection with a commercial outfitted
activity shall be standardized to the greatest extent possible.
Authorized outfitters, the insurance industry, and the Federal
agencies shall work together to achieve this goal.
SEC. 7. ALLOCATIONS OF USE.
(a) In General.--In a manner that is not inconsistent with or
incompatible with an approved resource management plan applicable to
the resource area in which a commercial outfitted activity occurs, the
Secretary--
(1) shall provide a base allocation of outfitter use to an
authorized outfitter under an outfitter permit; and
(2) may provide a base allocation of use to an authorized
outfitter under a temporary outfitter permit.
(b) Waiver of Allocation.--
(1) In general.--At the request of an authorized outfitter,
the Secretary may waive any obligation of the authorized
outfitter to use all or part of the amount of allocation of use
provided under the outfitter permit, if the request is made in
sufficient time to allow the Secretary to temporarily
reallocate the unused portion of the allocation of use in that
season or calendar year.
(2) Reclaiming of allocation of use.--Unless the Secretary
has reallocated the unused portion of an allocation of use in
accordance with paragraph (1), the authorized outfitter may
reclaim any part of the unused portion in that season or
calendar year.
(3) No fee obligation.--An outfitter permit fee may not be
charged for any amount of allocation of use subject to a waiver
under paragraph (1).
(c) Adjustment to Allocation of Use.--The Secretary--
(1) may adjust a base allocation of use to reflect--
(A) a material change arising from approval of an
amendment or revision in the resource management plan
for the area of operation; or
(B) requirements arising under other law; and
(2) shall provide an authorized outfitter with
documentation supporting the basis for any adjustment in the
base allocation of outfitter use, including new terms and
conditions that result from the adjustment.
(d) Renewals, Transfers, and Extensions.--Except as provided in
subsection (c), on renewal, transfer, or extension of an outfitter
permit, the same base allocation of use shall be included in the terms
and conditions of the outfitter permit.
(e) Temporary Allocation of Use.--
(1) In general.--A temporary allocation of use may be
provided to an authorized outfitter at the discretion of the
Secretary for a period not to exceed 2 years beyond the base
allocation.
(2) Transfers and extensions.--A temporary allocation of
use may be transferred or extended at the discretion of the
Secretary.
SEC. 8. EVALUATION OF PERFORMANCE.
(a) Evaluation System.--The Secretary shall develop a performance
evaluation system that--
(1) ensures the continued availability of safe and
dependable commercial outfitted activities for the public; and
(2) provides for the suspension or revocation of any
outfitter permit if an outfitter fails to meet the required
standards.
(b) Evaluation Criteria.--Criteria used by the Secretary to
evaluate the performance of an authorized outfitter shall--
(1) be objective, measurable, and attainable; and
(2) include, as determined to be appropriate by the
Secretary--
(A) standards generally applicable to all
commercial outfitted activities; and
(B) standards specific to a resource area or an
individual outfitter operation.
(c) Requirements.--In evaluating the level of performance of an
authorized outfitter, the Secretary shall--
(1) appropriately account for factors beyond the control of
the authorized outfitter;
(2) ensure that the effect of any performance deficiency
reflected by the performance rating is proportionate to the
severity of the deficiency, including any harm that may have
resulted from the deficiency;
(3) schedule evaluations to ensure the authorized outfitter
is present, or represented, at inspections of operations or
facilities and inspections, which inspections shall be limited
to the operations and facilities of the authorized outfitter
located on Federal land; and
(4) provide written notice of any conduct or condition
that, if not corrected, might lead to a performance evaluation
of marginal or unsatisfactory, which notice shall include an
explanation of needed corrections and provide a reasonable
period in which the corrections may be made without penalty.
(d) Levels of Performance.--The Secretary shall define 3 levels of
performance, as follows:
(1) Good, indicating a level of performance that fulfills
the terms and conditions of the outfitter permit.
(2) Marginal, indicating a level of performance that, if
not corrected, will result in an unsatisfactory level of
performance.
(3) Unsatisfactory, indicating a level of performance that
fails to fulfill the terms and conditions of the outfitter
permit.
(e) Marginal Performance.--If an authorized outfitter's annual
performance is determined to be marginal--
(1) the level of performance shall be changed to a ``good''
performance for the year if the authorized outfitter completes
the corrections within the time specified; or
(2) the level of performance shall be determined to be
unsatisfactory for the year if the authorized outfitter fails
to complete the corrections within the time specified.
(f) Determination of Eligibility for Renewal.--
(1) In general.--The results of all annual performance
evaluations of an authorized outfitter shall be reviewed by the
Secretary in the year preceding the year in which the outfitter
permit expires to determine whether the authorized outfitter's
overall performance during the term has met the requirements
for renewal under section 9.
(2) Failure to evaluate.--If, in any year of the term of an
outfitter permit, the Secretary fails to evaluate the
performance of the authorized outfitter by the date that is 90
days after the conclusion of the authorized outfitter's
operating season, the performance of the authorized outfitter
in that year shall be considered to have been good.
(3) Notice.--Not later than 90 days after the end of the
year preceding the year in which an outfitter permit expires,
the Secretary shall provide the authorized outfitter with the
cumulative results of performance evaluations conducted under
this subsection during the term of the outfitter permit.
(4) Unsatisfactory performance in final year.--If an
authorized outfitter receives an unsatisfactory performance
rating under subsection (d) in the final year of the term of an
outfitter permit, the review and determination of eligibility
for renewal of the outfitter permit under paragraph (1) shall
be revised to reflect that result.
SEC. 9. RENEWAL, REVOCATION, OR SUSPENSION OF OUTFITTER PERMITS.
(a) Renewal at Expiration of Term.--
(1) In general.--On expiration of the term of an outfitter
authorization, the Secretary shall renew the authorization in
accordance with paragraph (2).
(2) Criteria for determination.--The Secretary shall renew
an outfitter authorization under paragraph (1) at the end of
the term of an outfitter authorization and subject to the
requirements of this Act if the Secretary determines that the
authorized outfitter has received not more than 1
unsatisfactory annual performance rating under section 8 during
the term of the outfitter permit.
(3) Temporary outfitter authorization.--If the Secretary
determines that the authorized outfitter has received an
unsatisfactory annual performance rating in the last year of
the 10-year term of the outfitter permit--
(A) the Secretary may issue to the authorized
outfitter a temporary outfitter permit; and
(B) if during the 2-year period of the temporary
outfitter permit issued under subparagraph (A), the
authorized outfitter receives a good performance
rating, the Secretary shall renew the outfitter permit
for an 8-year term.
(b) Suspension or Revocation.--An outfitter permit may be suspended
or revoked if the Secretary determines that--
(1)(A) the authorized outfitter has failed to correct a
condition for which the authorized outfitter received notice
under section 8(c)(4); and
(B) the condition is considered by the Secretary to be
significant with respect to the terms and conditions of the
outfitter permit;
(2) the authorized outfitter--
(A) is in arrears in the payment of fees under
section 5; and--
(B)(i) has not entered into a payment plan with the
Federal agency; or
(ii) has not brought a civil action or brought an
administrative claim under section 12; and
(3) the authorized outfitter's conduct demonstrates willful
disregard for--
(A) the health and welfare of outfitted visitors or
other visitors; or
(B) the conservation of resources on which the
commercial outfitted activities are conducted.
SEC. 10. TRANSFERABILITY OF OUTFITTER PERMITS.
(a) In General.--An outfitter permit shall not be transferred
(including assigned or otherwise conveyed or pledged) by the authorized
outfitter without prior written notification to, and approval by, the
Secretary.
(b) Approval.--
(1) In general.--The Secretary shall approve a transfer of
an outfitter permit unless the Secretary determines that the
transferee is--
(A) not qualified; or
(B) unable to satisfy the terms and conditions of
the outfitter permit.
(2) Qualified transferees.--Subject to section 4(d)(1), the
Secretary shall approve a transfer of an outfitter permit--
(A) to a purchaser of the operation of the
authorized outfitter;
(B) at the request of the authorized outfitter, to
an assignee, partner, or stockholder or other owner of
an interest in the operation of the authorized
outfitter; or
(C) on the death of the authorized outfitter, to an
heir or assign.
(c) Transfer Terms.--The terms and conditions of any outfitter
permit shall not be subject to modification or open to renegotiation by
the Secretary because of a transfer described in subsection (a)
unless--
(1) the modification is agreed to by, or at the request of,
the transferee;
(2) the terms and conditions of the outfitter permit that
is proposed to be transferred have become inconsistent or
incompatible with an approved resource management plan for the
resource area; or
(3) the transferee proposes activities outside the scope of
the existing authorization.
(d) Consideration Period.--
(1) Timeframe for review.--Subject to paragraph (2), if the
Secretary fails to act on the transfer of an outfitter permit
within 180 days after the date of receipt of an application
containing the information required with respect to the
transfer, the transfer shall be deemed to have been approved.
(2) Extension.--The Secretary may extend the period for
consideration of an application under paragraph (1) if--
(A) the Secretary and the authorized outfitter
applying for transfer of an outfitter permit agree to
extend the period; or
(B)(i) the transferee requests a modification of
the terms and conditions of the outfitter permit; and
(ii) the modification requires environmental
analysis under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(e) Continuance of Outfitter Permit.--If the transfer of an
outfitter permit is not approved by the Secretary or if the transfer is
not subsequently made, the outfitter permit shall remain in effect.
SEC. 11. RECORDKEEPING REQUIREMENTS.
(a) In General.--An authorized outfitter shall keep such reasonable
records as the Secretary may require to enable the Secretary to
determine that all the terms of the outfitter permit are being met.
(b) Obligations of the Secretary and Authorized Outfitter.--The
recordkeeping requirements established by the Secretary shall
incorporate simplified procedures that do not impose an undue burden on
an authorized outfitter.
(c) Access to Records.--The Secretary, or an authorized
representative of the Secretary, shall for audit and performance
evaluation purposes have access to and the right to examine for the 5-
year period beginning on the termination date of an outfitter permit
any records of the authorized outfitter relating to each outfitter
authorization held by the authorized outfitter during the business
year.
SEC. 12. APPEALS AND JUDICIAL REVIEW.
(a) Appeals Procedure.--The Secretary shall by regulation--
(1) grant an authorized outfitter full access to
administrative remedies; and
(2) establish an expedited procedure for consideration of
appeals of Federal agency decisions to--
(A) deny, suspend, fail to renew, or revoke an
outfitter permit; or
(B) change a principal allocation of outfitter use.
(b) Judicial Review.--An authorized outfitter that is adversely
affected by a final decision of the Secretary under this Act may
commence a civil action in United States district court.
SEC. 13. COLLECTION AND USE OF FUNDS.
Except as provided in section 7 of the Act of April 24, 1950
(commonly known as the ``Granger-Thye Act'') (16 U.S.C. 580d), funds
deposited under this Act shall be available to the Secretary without
further appropriation and shall remain available for--
(1) administration of the outfitter permit;
(2) interpretive programs;
(3) trail maintenance; or
(4) any other activity to carry out this Act.
SEC. 14. REGULATIONS.
Not later than 2 years after the date of enactment of this Act, the
Secretary of the Interior and the Secretary of Agriculture shall
promulgate regulations for permitting commercial outfitted activities
on Federal land.
SEC. 15. RELATIONSHIP TO OTHER LAW.
(a) National Park Omnibus Management Act of 1998.--Nothing in this
Act supersedes or otherwise affects any provision of title IV of the
National Park Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.).
(b) ANILCA.--Nothing in this Act modifies, amends, or otherwise
affects section 1307 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3197).
(c) State Outfitter Licensing Law.--This Act does not preempt any
outfitter or guide licensing law (including any regulation) of any
State or territory.
SEC. 16. TRANSITION PROVISIONS.
(a) Outfitters With Satisfactory Rating.--An outfitter that holds a
permit, contract, or other authorization to conduct commercial
outfitted activities (or an extension of such a permit, contract, or
other authorization) in effect on the date of enactment of this Act
shall be entitled, on expiration of the authorization, to the issuance
of a new outfitter permit under this Act if the performance of the
outfitter under the permit, contract, or other authorization was
determined to be good or was the equivalent of good, satisfactory, or
acceptable under a rating system in use before the date of enactment of
this Act.
(b) Outfitters With No Ratings.--For the purpose of subsection (a),
if no recent performance evaluations exist to determine the outfitter's
performance, the performance shall be deemed to be good.
(c) Effect of Issuance of Outfitter Permit.--The issuance of an
outfitter permit under subsection (a) shall not adversely affect any
right or obligation that existed under the permit, contract, or other
authorization (or an extension of the permit, contract, or other
authorization) on the date of enactment of this Act.
SEC. 17. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource
or establishes a property right in favor of the authorized outfitter.
(b) Effect on Non-Outfitted Recreational or Academic Use.--Nothing
in this Act--
(1) establishes any preference for outfitted or non-
outfitted use;
(2) diminishes or impairs--
(A) any existing use or occupancy of Federal land
by the public (including the non-outfitted public); or
(B) any right or privilege of use, occupancy, or
access to Federal land by the public (including the
non-outfitted public);
(3) diminishes the existing authority of Federal agencies
to--
(A) establish levels of use; and
(B) allocate such use among or between the
outfitted and non-outfitted public; and
(4) applies to outdoor activity and services on Federal
land for or directly related to academic credit and provided by
a bona fide and accredited academic institution.
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