Requires the Secretaries of Agriculture and the Interior to establish criteria for granting outfitter permits.
Sets forth procedures for granting permits and describes permit requirements Requires fees for outfitter authorizations.
Requires authorized outfitters to defend and indemnify the United States for costs or expenses associated with injury, death, or damage to any person or property caused by negligence or wanton disregard for persons or property arising out of an outfitter's activities.
Requires outfitter permits to include a principal allocation of outfitter use and authorizes temporary permits to include such allocation.
Authorizes the Secretary to adjust an allocation of use.
Permits temporary allocations of use for up to two years and the renewal, transfer, or extension of such allocations.
Requires the Secretary to: (1) develop a process for annual evaluation of the performance of authorized outfitters; and (2) renew an authorization at the outfitter's request, under appropriate conditions.
Makes outfitter permits transferable to qualified transferees under specified conditions.
Sets forth recordkeeping requirements for authorized outfitters.
Requires the Secretary to: (1) grant authorized outfitters full access to administrative remedies; and (2) establish an expedited procedure for consideration of appeals.
Entitles outfitters that hold existing permits, contracts, or other authorizations to issuance of permits under this Act if their recent performance was determined good, satisfactory, or acceptable, or the equivalent.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 978 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 978
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
May 25, 2001
Mr. Craig (for himself, Mr. Murkowski, Mr. Allard, Mr. Bennett, Mr.
Campbell, Mr. Crapo, Mr. Hatch, Mr. Smith of Oregon, 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 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the experience, skills, trained staff, and investment
in equipment that are provided by authorized outfitters are
necessary for 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 facilitate--
(A)(i) quality outfitting services to the public;
(ii) the authorized outfitter having a reasonable
opportunity to engage in a successful business venture;
(B) a 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 withdraws
authorizations for 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 for occupancy and use
of Federal land by an authorized outfitter;
(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 conduct outfitted
activities on Federal land; and
(3) to facilitate opportunities for recreational use of
public lands by that segment of the public that needs or wants
to use the services of outfitters and guides.
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, in an area or based on some
other measurement.
(2) Allocation of use.--
(A) In general.--The term ``allocation of use''
means a 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 day 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.--The term ``authorized
outfitter'' means a person or entity that conducts a commercial
outfitted activity on Federal land under an outfitter
authorization.
(4) Commercial outfitted activity.--The term ``commercial
outfitted activity'' means an authorized outfitted activity
conducted on Federal lands--
(A) that is available to the public;
(B) that is conducted under the direction of
compensated individuals; and
(C) for which an outfitted visitor is required to
pay more than a strict sharing of actual 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) Outfitted activity.--The term ``outfitted activity''
means an activity--
(A) 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
(B) that uses the recreational, natural,
historical, or cultural resources of Federal land.
(8) Outfitted visitor.--The term ``outfitted visitor''
means a member of the public that engages an authorized
outfitter to facilitate occupancy and use of Federal land.
(9) Outfitter.--The term ``outfitter'' means a person or
entity that conducts a commercial outfitted activity, including
a person who, by local custom or tradition, is known as a
``guide.''
(10) Outfitter authorization.--The term ``outfitter
authorization'' means--
(A) an outfitter permit;
(B) a temporary outfitter authorization; or
(C) an authorization to use and occupy Federal land
that references this Act as its authority.
(11) Outfitter permit.--The term ``outfitter permit'' means
an outfitter permit under section 6.
(12) Principal allocation of outfitter use.--The term
``principal allocation of outfitter use'' means a grant by the
Secretary in an outfitter permit for an allocation of use to an
authorized outfitter in accordance with section 9.
(13) 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 one Federal agency).
(14) 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.
(15) Temporary allocation of use.--The term ``temporary
allocation of use'' means an allocation of use to an authorized
outfitter in accordance with section 9.
(16) Temporary outfitter authorization.--The term
``temporary outfitter authorization'' means an outfitter
authorization under section 6(f).
SEC. 5. NONOUTFITTER USE AND ENJOYMENT.
Nothing in this Act is intended to diminish any right or privilege
of occupancy and use of Federal land by the public including the non-
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 activity.--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 special
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 Grant of an Outfitter Permit.--The Secretary shall
establish criteria for grant of an outfitter permit that--
(1) recognize skill, experience, knowledge of the resource
area and financial capability of the persons or entity under
consideration;
(2) consider any or all of the following: safety, quality
recreational experience, educational opportunities and
conservation of resources for the outfitted visitor;
(3) offer a reasonable opportunity for an authorized
outfitter to engage in a successful business venture;
(4) create a stable regulatory climate that encourages an
authorized outfitter to provide and invest in the ability to
provide quality services to the outfitted visitor;
(5) assure revenue paid to the United States provided this
consideration is subordinate to the other criteria of this
subsection.
(d) Grant.--
(1) In general.--The Secretary may grant 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 considered; 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.
(B) Exception for certain activities.--The
Secretary may grant 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 grant 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 return to the United States through an
authorization fee in accordance with section 7;
(D) a term of 10 years except as provided in
paragraph (3) below;
(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 revocation 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 the terms and conditions
of an outfitter permit to reflect material changes in
facts and conditions;
(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
three temporary 1-year extensions of an outfitter permit,
unless the Secretary determines that extraordinary
circumstances warrant additional extensions.
(3) Tenure.--The Secretary shall generally issue an
outfitter authorization for 10 years, with an initial probation
period of two years for a new authorized outfitter, except that
he may, in extraordinary circumstances, award an outfitter
permit with a term of less than 10 years when--
(A) foreseeable amendments in resource management
plans will create conditions that would materially
impact and necessitate changes in permit terms and
conditions in less than 10 years;
(B) an authorized outfitter and the Secretary agree
to a permit term of less than 10 years.
(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 not to exceed 2 years.
(3) Renewal.--A temporary 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 an authorization fee, as
determined by the Secretary.
(2) Fee determination.--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 to
engage in a successful business; and
(C) the fair market value of the use and occupancy
granted by the outfitter authorization.
(b) Consistency.--The Federal agencies shall use consistent
methodologies to determine the outfitter authorization fee.
(c) Payment of Outfitter Authorization Fee.--
(1) In general.--The amount of the fee paid to the United
States for the term of an outfitter permit shall be specified
in that 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; and
(D) shall set a minimum fee.
(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 granted to
conduct the same or similar commercial outfitted
activities in the same resource area, the Secretary
shall establish an identical fee for those 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 grant of a new outfitter permit in 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 paragraph
(2)(A)(i)(I)--
(i) multiple outfitted activities with
separate charges shall count as one actual use
day when conducted in one day; and
(ii) an activity conducted across agency
jurisdictions over the course of one day shall
not exceed one actual use 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).
(6) Adjustment of fees.--The amount of an authorization
fee--
(A) shall be determined as of the grant 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
one 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;
(iv) the imposition of new or higher fees
assessed under other law; or
(v) authorized adjustments made to an
allocation of outfitter use.
(d) Establishment of Amount Applicable to a Temporary Outfitter
Authorization.--The Secretary shall determine the amount of an
authorization fee under a temporary outfitter authorization.
(e) Other Fees and Costs.--Fees for processing applications for
outfitter permits or monitoring compliance with permit terms and
conditions shall not seek to recover costs of agency activities that
benefit broadly the general public or are not directly related to or
required for processing of applications or monitoring of an
authorization.
SEC. 8. LIABILITY AND INDEMNIFICATION.
(a) Liability.--An authorized outfitter shall be liable to the
United States for costs and expenses associated with damage to property
of the United States caused by the authorized outfitter's--
(1) negligence,
(2) gross negligence, or
(3) 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) Indemnification.--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--
(1) negligence,
(2) gross negligence, or
(3) willful and wanton disregard for persons or property,
arising proximately from the authorized outfitter's conduct of a
commercial outfitted activity under an outfitter authorization.
(c) No Liability.--An authorized outfitter shall have no
responsibility to pay to or defend or indemnify the United States, or
its agents, employees, or contractors for costs or expenses associated
with injury, death, or damage to any person or property to the extent
the injury, death, or damage was 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.
(d) Finding of Liability.--Before presenting any claim for costs
and expenses associated with damage to any property allegedly caused by
the authorized outfitter, the Secretary, after providing due process,
shall make a finding of negligence, gross negligence, or willful and
wanton disregard for persons or property on the part of the authorized
outfitter and present the finding to the authorized outfitter.
(e) Agreements.--An authorized outfitter may enter into agreements
with outfitted visitors, including for (i) assumption or allocation of
risk, and (ii) release or waiver related to inherently dangerous
activities or conditions, if the agreement also runs in favor of the
United States and its agents, employees, or contractors. Copies of any
such agreements shall be provided to the Federal agency before being
presented to outfitted visitors by an authorized outfitter.
SEC. 9. ALLOCATION OF USE.
(a) In General.--
(1) an outfitter permit shall include within its terms and
conditions a principal allocation of outfitter use; and
(2) a temporary outfitter permit may include a principal
allocation of outfitter use.
(b) Renewals, Transfers, and Extensions.--Except as provided in
(d), upon renewal, transfer, or extension of an outfitter permit, the
same principal allocation of use shall be included within the terms and
conditions of the permit.
(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, subject to section 7(b),
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.--Subject to section 7(b), 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 to reflect--
(A) material change arising from approval of an
amendment 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 up to 2 years.
(2) Transfers and extensions.--A temporary allocation of
use may be, 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 used by the Secretary to
evaluate the performance of an authorized outfitter shall--
(A) be objective, measurable, and attainable; and
(B) include as deemed appropriate by the
Secretary--
(i) standards generally applicable to all
commercial outfitted activities;
(ii) standards specific to a resource area
or an individual outfitter operation; and
(iii) such other terms and conditions of
the outfitter permit.
(3) 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) and 9(c);
and
(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.
(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 suspends or revokes an authorization for an
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 shall include an explanation of needed
corrections and provide a reasonable period 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 90 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 annual
performance is determined to be marginal, and the authorized outfitter
fails to complete the corrections within the time 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 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. 11. 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) 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) Revocation.--An outfitter permit may be revoked 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 permit terms
and conditions;
(2) the authorized outfitter is in arrears in the payment
of fees under section 7; and
(A) has not entered into a payment plan with the
agency; or
(B) has not sought relief subject to section 14.
(3) the authorized outfitter's conduct demonstrates 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.
(c) Suspension.--
(1) In general.--All or part of the outfitter permit may be
suspended, subject to findings made under subsection (b).
(2) Administrative review.--Subject to section 17 the
Secretary shall provide for an expedited review of suspension
cases.
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 finds that the
transferee is not qualified or able to satisfy the terms and
conditions 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) 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 subsections (a) and
(b) unless--
(1) it is at the request of the transferee; or
(2) the terms and conditions of the outfitter permit
proposed to be transferred have become inconsistent or
incompatible with an approved resource management plan for the
resource area.
(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 receiving
a complete application containing the information required with
respect to the transfer, the transfer shall be deemed approved
unless the transferee requests a modification of terms and
conditions of the outfitter authorization and such
modifications require environmental analysis under the National
Environmental Policy Act.
(2) Extension.--The Secretary and the authorized outfitter
applying 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 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 purposes of audit and
performance evaluation have access to and the right to examine for five
years following the effective date of an outfitter authorization 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, and
(2) establish an expedited procedure for consideration of
appeals of Federal agency decisions to deny, suspend, fail to
renew, or revoke an outfitter permit or 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. 15. LACK OF EFFECT ON EXISTING RIGHTS OF THE 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. 16. 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. 17. 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. 18. 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 permit, contract, or
other authorization) in effect on the date of promulgation of
implementing regulations under section 16 shall be entitled, on
expiration of the authorization, to the issuance of an outfitter permit
under this Act if 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.
(b) Outfitters With No Ratings.--For the purpose of subsection (a),
if no recent performance evaluations exist to determine the outfitter's
aggregate performance, its aggregate 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5711-5712)
Read twice and referred to the Committee on Energy and Natural Resources.
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