```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2194 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 2194

   To provide the public with access to quality outfitter and guide 
           services on Federal lands and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1996

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To provide the public with access to quality outfitter and guide 
           services on Federal lands 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Outfitter and 
Guide Policy Act of 1996.''
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Outfitter and guide authorizations.
Sec. 6. Fees charged by the United States for authorizations.
Sec. 7. Indemnification and acknowledgment of inherent risk.
Sec. 8. Annual operating plan.
Sec. 9. Assignment and management of allocation of use to the outfitted 
                            public.
Sec. 10. Performance evaluation.
Sec. 11. Requirements for renewal or termination of agreements.
Sec. 12. Transferability of agreements.
Sec. 13. Dispute resolution.
Sec. 14. Rules of construction.
Sec. 15. Regulations.
Sec. 16. Savings Clause.
Sec. 17. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the experience, skills, equipment and trained staff 
        provided by outfitters and guides are necessary in meeting the 
        need to assure the public of a means of access to recreational 
        and educational opportunities on Federal lands;
            (2) an effective commitment to use and enjoyment of the 
        Federal lands by the outfitted public requires implementation 
        of agency programs to provide for--
                    (A) the health and welfare of the outfitted public 
                in their enjoyment of recreational and educational 
                opportunities;
                    (B) recognition that access to Federal lands by 
                that segment of the public which utilizes the services 
                of outfitters and guides can only be assured by an 
                equitable share of the type, number and amount of use 
                determined to be suitable for the area through resource 
                management planning;
                    (C) protection of the resource values which support 
                these activities;
                    (D) an effective means of evaluating the 
                performance of outfitters and guides to assure the 
                public of continued availability of quality visitor 
                services; and
                    (E) fair return to the Government through fees and 
                greater efficiency in management.
            (3) a more effective relationship between the land 
        management agencies and those offering outfitter and guide 
        services requires implementation of agency programs to 
        provide--
                    (A) encouragement to skilled, experienced, career-
                oriented persons from the private sector to invest in 
                high quality visitor services which are available to 
                the general public;
                    (B) a stable business climate in which government 
                managers receive training appropriate to the 
                administration of this Act;
                    (C) a reasonable opportunity for professional 
                outfitters and guides to earn a profit and the 
                incentive to reinvest in order to increase the quality 
                and scope of services available to the outfitted 
                public;
                    (D) renewal of authorizations based on a 
                performance evaluation system that rewards quality 
                operators and eliminates those who fail to meet such 
                standards; and
                    (E) recognition of the outfitter and guide 
                investment as a family business which might be sold, 
                inherited, or otherwise assigned, provided that the 
                outfitted public is assured of continuity in the 
                quality of visitor services.

SEC. 3. PURPOSE.

    (a) The purpose of this Act is to codify the standards, customs, 
and practices of outfitters and guides operating on Federal lands whose 
services are necessary to assure the outfitted public an opportunity to 
renew their heritage through safe and enjoyable backcountry education 
and adventure.
    (b) Rules and regulations promulgated under the authority of this 
Act should be consistent among the various agencies to the extent 
practicable in order to increase efficiency of the Federal Government, 
simplify requirements for those authorized to provide services, and 
provide the public with consistent quality in visitor services.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``outfitter'' means a person or other entity 
        which provides services to the general public on Federal lands 
        pursuant to the terms and conditions of an outfitter and guide 
        authorization. The term ``outfitter'' includes any holder of an 
        authorization who by local custom or tradition is known as a 
        ``guide.''
            (2) The term ``outfitter services'' means those services 
        provided to the public in an outdoor environment that rely upon 
        the recreational, natural, historical, or cultural resources of 
        Federal lands which include, but are not limited to; 
        outfitting, guiding, education, interpretation, skills 
        training, packing, transportation, subsistence, assistance, and 
        other activities traditionally or historically provided by 
        outfitters and guides. Examples of outfitter services governed 
        by this Act include, but are not limited to; tours or trips 
        conducted on foot, by raft, canoe, kayak, cataraft, other 
        inflatable or motorized boat or water craft, horse, mule, 
        llama, or other pack animal, hot air balloon, bicycle, skis, 
        snowshoes, jeep, motorcycle, snowmobile, all terrain vehicle or 
        other conveyance and include a variety of outdoors sports and 
        activities such as fishing, hunting, hiking, rock climbing, ice 
        climbing, mountaineering, skiing (except when conducted on 
        Federal lands under a permit issued pursuant to the National 
        Forest Ski Area Permit Act of 1986, 16 U.S.C. 497b), camping, 
        boating, whitewater rafting, trail rides, environmental 
        education programs, skills training programs and certain livery 
        services.
            (3) The term ``outfitted public'' means that segment of the 
        public that relies upon outfitter and guide services for 
        access, use, and enjoyment of the natural, cultural and 
        historical resources on Federal lands.
            (4) The term ``livery services'' means a person or other 
        entity which provides a service in dropping off or picking up 
        supplies or equipment, or conveys the outfitted public to or 
        from points of access to Federal resource areas.
            (5) The term ``outfitter and guide authorization'' means an 
        outfitter and guide agreement or an outfitter and guide 
        license, as applicable.
            (6) The term ``outfitter and guide agreement'' means a 
        written contract between the agency head and an outfitter which 
        sets forth terms, conditions and an allocation of use under 
        which the outfitter is authorized to provide visitor services.
            (7) The term ``outfitter and guide business permit'' means 
        a non-competitive authorization by the agency head and an 
        outfitter which sets forth the terms, conditions and a 
        temporary allocation of use under which the outfitter may 
        provide visitor services on a limited basis.
            (8) The term ``holder'' means any outfitter whose 
        authorization to provide facilities or services is currently in 
        effect.
            (9) The term ``agency head'' means--
                    (A) the Director or a designee with respect to the 
                National Park Service, the United States Fish and 
                Wildlife Service, and the Bureau of Land Management; 
                and
                    (B) the Chief or a designee with respect to the 
                Forest Service; and
                    (C) the Commissioner or a designee with respect to 
                the Bureau of Reclamation.
            (10) The term ``Federal lands'' for purposes of this Act 
        means all lands, and associated resources therein administered 
        by an agency of the Federal Government or its designee, except 
        lands held in trust by the United States for the benefit of any 
        Indian tribe or individual or held by any Indian tribe or 
        individual subject to a restriction by the United States 
        against alienation.
            (11) The term ``resource area'' means any planning unit 
        which is described by, or contained within, the boundaries of a 
        unit of the National Park System, a National Forest, wildlife 
        refuge, or similar Federal land management unit which describes 
        or contains outfitters offering same or similar services to the 
        public, including those instances in which the area in which 
        such directly competitive services occur may be administered by 
        more than one Federal agency.
            (12) The term ``allocation of use'' means a commitment to 
        provide access to Federal lands for the outfitted public 
        through the assignment to outfitters and guides of user days 
        (or similar time factors which may apply), launch dates, 
        reserved or assigned campsites, or other considerations 
        provided in an outfitter and guide authorization, approved 
        annual operating plan, or other agreement.
            (13) The term ``principal use'' means an agency commitment 
        to an outfitter operating under the authority of an outfitter 
        and guide agreement for a specific annual allocation of use 
        over the length of the term of the contract and any subsequent 
        renewal of such authorization, except as otherwise provided by 
        this Act.
            (14) The term ``temporary use'' means an agency commitment 
        to an outfitter operating under the authority of an outfitter 
        and guide authorization for an allocation of use for a period 
        not to exceed two years.
            (15) The term ``traditional, historical or established 
        use'' means methods of transport, lodging, recreation or 
        educational activities, including facilities or structures, 
        which reflect earlier eras of American exploration, technology 
        and cultural evolution and were incorporated prior to enactment 
        of this Act into outfitter and guide services with adaptations, 
        as feasible, to insure health, safety, resource protection and 
        humane treatment of stock in continuing to provide such 
        experiences to the outfitted public.
            (16) The term ``temporary structure'' means corral, 
        hitchrack, springbox, non-permanent tent frame or pad, fire 
        ring, or other structure which lack footings and foundations 
        made from modern construction materials such as concrete or 
        cement; is capable of removal from the resource area at the end 
        of the term of authorization; and is utilized to support 
        traditional means of access, as limited pack-stock management 
        structures, or for the humane treatment of animals, or for 
        human shelter or subsistence.
            (17) The term ``assigned camp'' means a campsite authorized 
        to be reserved for utilization by the outfitted public during 
        the holder's season or period of operation.
            (18) The term ``user day'' means a day, or any part of a 
        day, in which a member of the outfitted public utilizes 
        outfitter and guide facilities or services on Federal lands.
            (19) The term ``adjusted gross receipts'' means the results 
        of a calculation in which revenue from goods or services 
        provided to the outfitted public on non-Federal lands, fees 
        conveyed to units of Government for hunting or fishing licenses 
        or for entrance or recreation fees, sources other than 
        outfitter activities, or such other exclusions as the agency 
        head might apply, are deducted from the gross receipts of the 
        holder of an outfitter and guide authorization and revenue 
        additions are added to the total of gross receipts.
            (20) The term ``revenue additions'' means the market value 
        of goods and services that are donated or bartered in exchange 
        for goods and services received that are directly related to an 
        outfitted or guided trip.
            (21) The term ``Consumer Price Index'' means--
                    (A) the Consumer Price Index-All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor; and
                    (B) from and after such time as such index is no 
                longer published, the consumer price index or other 
                regularly published cost-of-living index chosen by the 
                agency head which reasonably approximates the Consumer 
                Price Index specified in subparagraph (A).

SEC. 5. OUTFITTER AND GUIDE AUTHORIZATIONS.

    (a) Requirement for Authorization.--A person or other entity who 
offers to provide or conduct outfitter and guide services for a fee on 
Federal lands shall be required to obtain authorization under the 
authority of this Act.
    (b) Law Applicable to Authorizations.--The terms and conditions of 
outfitter and guide authorizations shall henceforth be governed by this 
Act.
    (c) Criteria for Issuance of Authorization.--The terms and 
conditions of an outfitter and guide authorization shall specify the 
rights and obligations of both the holder and the agency and be 
administered to satisfy, without limitation, criteria which--
            (1) identify skilled, experienced and financially capable 
        persons or other entities to offer and conduct outfitters 
        services in a manner to provide high quality visitor services, 
        promote the health and welfare of the outfitted public, and 
        protect the natural, historical and cultural resources in areas 
        where these activities occur;
            (2) acknowledge the traditional role of outfitters and 
        guides in providing the experience, skills and equipment 
        utilized by the outfitted public for their use and enjoyment of 
        recreational and educational opportunities on Federal lands;
            (3) recognize the importance of the private sector in 
        providing a quality visitor experience on Federal lands by 
        encouraging outfitter and guide investments in facilities, 
        services, equipment and employee training; and
            (4) encourage competitive opportunities in the award of 
        authorization for new outfitter opportunities.
    (d) Nature and Types of Authorizations.--The agency head may enter 
into outfitter and guide authorizations as follows:
            (1) Outfitter and guide agreement.--The agency head is 
        authorized to enter into a written contract to be known as an 
        outfitter and guide agreement for the use and occupancy of 
        Federal lands for the purposes of providing facilities or 
        services to the outfitted public. Such contract shall provide 
        for--
                    (A) a standard 10-year term for an outfitter and 
                guide agreement. The agency head shall issue an 
                agreement for longer than 10 years if the agency head 
                determines that a longer term is in the public interest 
                or necessary due to the extent of investment required 
                to meet the obligations assumed. The term for an 
                agreement may not exceed 20 years;
                    (B) a specified allocation of principal use which 
                shall be assigned to the holder through the term of the 
                agreement subject to section 9 of this Act and, if 
                appropriate, an allocation of temporary use;
                    (C) authorization of traditional, historical or 
                established use, including temporary structures and 
                assigned camps, as defined by this Act notwithstanding 
                other provisions of law;
                    (D) renewal of the agreement upon a finding of good 
                performance during the overall term of the permit 
                (including any extensions thereof) subject to the 
                conditions set forth in section 11 of this Act;
                    (E) reasonable modification or amendment to the 
                terms and conditions of the agreement with the consent 
                of the holder: Provided, That such modification or 
                amendment during the term of existing agreement--
                            (i) shall be undertaken with reasonable 
                        advance notice of any new requirement for 
                        capital expenditures arising during the term of 
the authorization which could be expected to affect pricing, 
advertising or service;
                            (ii) may be utilized to allow the holder to 
                        provide new services closely related to those 
                        authorized if the agency head determines that 
                        such services would contribute toward the use 
                        and enjoyment of Federal lands by the outfitted 
                        public; and
                            (iii) shall not constitute the issuance of 
                        a new permit or adversely impact other rights 
                        and obligations that exist in such agreement;
                    (F) approval of an outfitter's rates and charges to 
                the public in those instances where the agency head 
                determines that sufficient competition for services 
                does not exist within, or in reasonable proximity to, 
                the resource area in which the outfitter operates. In 
                such instances in which sufficient competition does not 
                exist--
                            (i) the outfitter and guide agreement shall 
                        state that the reasonableness of the 
                        outfitter's rates and charges to the public may 
                        be reviewed and approved by the agency head, 
                        utilizing a comparison with those rates and 
                        charges for facilities and services of 
                        comparable character under similar conditions, 
                        with due consideration for length of season, 
                        seasonal variations, average percentage of trip 
                        bookings, accessibility, availability and costs 
                        of labor and materials, type of patronage, and 
                        other factors deemed significant by the agency 
                        head;
                            (ii) such review shall be completed within 
                        60 days of receipt of all necessary 
                        information, or the requirement for the agency 
                        head's approval shall be waived and such rates 
                        and charges as proposed by the outfitter 
                        considered to be approved for immediate use; 
                        and
                    (G) temporary extensions of an agreement for up to 
                two years to avoid interruption of services to the 
                public.
            (2) Outfitter and guide business license.--The agency head 
        is authorized to issue a noncompetitive outfitter and guide 
        business license to a person or other entity qualified to 
        provide visitor services on a limited basis at a resource area. 
        In establishing criteria for such authorizations the agency 
        head shall determine that--
                    (A) the term for an outfitter and guide business 
                shall not exceed two years;
                    (B) such license is not renewable, but may be 
                reissued at the discretion of the agency head;
                    (C) the assignment of temporary use for such 
                licenses may be made from whatever unassigned 
                allocation of use for outfitters and guides is 
                available, or from other authority for use and 
                occupancy as the agency head deems to be appropriate;
                    (D) a license may be issued only when the type and 
                amount of activity is not inconsistent with resource 
                management goals for the area;
                    (E) such authorization shall not provide for the 
                construction of any structure, fixture, or improvement 
                on Federal lands, except temporary structures as 
                defined by this Act;
                    (F) appropriate steps be taken to limit the 
                liability of the United States arising from the 
                provision of visitor services or other activities;
                    (G) service activities conducted shall be monitored 
                to determine whether issuance of an outfitter and guide 
                agreement would be a more appropriate authorization; 
                and
                    (H) a person or other entity seeking or obtaining 
                such license shall not be precluded from also 
                submitting a proposal for an outfitter and guide 
                agreement.
    (e) Issuance of an Outfitter and Guide Agreement.--
            (1) Outfitter and guide agreements may be issued when one 
        or more of the following occurs--
                    (A) an increased allocation, capacity, or public 
                demand is identified through the resource planning 
                process;
                    (B) an existing permit is terminated under 
                conditions described in section 11;
                    (C) a reduction in assignment of principal use as 
                provided in section 9(d) makes additional service days 
                available;
                    (D) competitive interest in a resource area or 
                activity arises where no previously authorized services 
                exist and where the proposed use is not inconsistent 
                with objectives in resource management plans; or
                    (E) an application has been submitted to provide 
                outfitter and guide services for an area or activity 
                for which there is no competitive interest.
            (2) In situations fitting the criteria described in 
        paragraphs (1) (A) through (D) the agency head--
                    (A) may solicit applicants by issuing a prospectus 
                and contacting all parties who have expressed an 
                interest;
                    (B) shall determine the most qualified applicant(s) 
                by considering past experience and knowledge of the 
                area, financial capability, economic viability of 
                existing holders, performance record, and other 
                factors: Provided, That consideration of revenue to the 
                United States shall be subordinate to the objectives of 
                protecting natural resources and providing quality 
                service to the outfitted public in the selection of 
                such applicant; and
                    (C) shall establish fee requirements as specified 
                by section 6 of this Act.
            (3) The agency head is not precluded from awarding a 
        noncompetitive authorization to an applicant who meets the 
        criteria established.
            (4) The agency head may issue a temporary authority to 
        provide outfitter services for a term not to exceed two years 
        in order to avoid interruption of services to the outfitted 
        public. Prior to making such a determination the agency head 
        shall take all reasonable and appropriate steps to consider 
        pending applications for outfitter and guide authorizations.
    (f) Lands Under Multiple Jurisdictions.--In order to reduce 
administrative costs, the agency heads concerned may designate a lead 
agency for the authorization and management of a single operation on 
Federal lands under the jurisdiction of more than one agency. The 
agency so designated shall issue a single outfitter and guide 
authorization and collect a single fee under paragraphs (1) and (2). 
Such authorization shall provide for use in a manner consistent with 
the plans and policies for each agency.
    (g) Provision for Additional Related Services.--The agency head may 
modify an outfitter and guide agreement to allow the holder to provide 
services closely related to such agreement if the agency head 
determines that such changes would enhance the health and welfare or 
enjoyment of visitors.

SEC. 6. FEES CHARGED BY THE UNITED STATES FOR AUTHORIZATIONS.

    (a) In General.--The agency head shall require payment of a 
reasonable fee for the opportunity of providing outfitter and guide 
services pursuant to this Act which may include the following:
            (1) An annual basis for cash payment, which shall include a 
        reasonable schedule of deposits through the operating season; 
        and
            (2) Fees for rental or lease of Government-owned facilities 
        occupied by the outfitter, as appropriate.
    (b) Establishment of Amount.--
            (1) The agency head shall establish an amount applicable to 
        an outfitter and guide which--
                    (A) reflects the value of the opportunity to 
                conduct outfitter services on Federal lands. Such fee 
                may be expressed as a flat fee or, if calculated as a 
                percentage of revenue, shall be determined based on 
                adjusted gross receipts; and
                    (B) takes into account other economic conditions 
                within the area in which such services are to be 
                provided in order to provide a reasonable opportunity 
                for the financial viability of outfitter services at 
                that location.
            (2) The agency head shall establish an amount applicable to 
        outfitter and guide business licenses sufficient to recover the 
        cost of administering such authorizations.
    (c) Substantially Similar Services in a Specific Geographic Area.--
If multiple outfitter and guide agreements are awarded to provide the 
same or similar outfitter services at the same approximate location or 
within a resource area, the agency head shall establish an identical 
fee for all such contracts, subject to periodic review and revision by 
the agency head.
    (d) Adjustment of Fees.--
            (1) In general.--The amount of any fee for the term of an 
        outfitter and guide agreement shall be set at the beginning of 
        the outfitter and guide authorization and may only be modified 
        if stated in the contract--
                    (A) on the basis of inflation (as measured by 
                changes in the Consumer Price Index), when the annual 
                payment is not determined by a percentage of adjusted 
                gross receipts,
                    (B) to reflect material adverse changes from the 
                conditions specified in the agreement, or
                    (C) in the event of an unforeseen disaster.
            (2) The fee for an outfitter and guide license may not be 
        changed over the term of the license.

SEC. 7. INDEMNIFICATION AND ACKNOWLEDGMENT OF INHERENT RISK.

    The agency head shall take appropriate steps to provide that the 
holder will defend or indemnify the United States for costs or expenses 
associated with injury, damage or death to person or property resulting 
from holder's negligence, gross negligence, or willful and wanton 
disregard for persons or property arising directly out of holder's 
provision of outfitter services under the outfitter and guide 
authorization: Provided, That the holder--
            (1) shall have no responsibility to indemnify the United 
        States, its agents, employees or contractors, for costs or 
        expenses associated with injury, damage or death to person or 
        property resulting from the acts, omissions, negligence, gross 
        negligence or willful or wanton misconduct of third parties, or 
        the United States, its agents, employees or contractors; and
            (2) shall not incur any liability of any kind or nature, to 
        the United States, its agents, employees or contractors, or 
        third parties, as a result of the issuance of the outfitter and 
        guide authorization or as a result of the provision of 
        outfitter services under the outfitter and guide authorization 
        absent a finding by a court of competent jurisdiction of 
        holder's negligence, gross negligence, or willful and wanton 
        disregard for persons or property; and in no event will the 
        holder incur strict liability to the United States, its agents, 
        employees or contractors, or third parties; and
            (3) shall have no responsibility to indemnify the United 
        States, its agents, employees or contractors, for costs or 
        expenses associated with injury, damage or death to person or 
property resulting from the inherent risks of holder's outfitter 
services under the outfitter and guide authorization, or, the inherent 
risks present on Federal lands; and
            (4) shall be allowed to enter into release, waiver, 
        indemnification, or acknowledgment or allocation of risk 
        agreements with the outfitted public.

SEC. 8. ANNUAL OPERATING PLAN.

    (a) Prior to the first day in which operations are conducted under 
the authority of an outfitter and guide agreement the holder must file 
an annual operating plan with the agency head that includes--
            (1) the names and mailing addresses of holder and its 
        agents, along with a statement of ownership and authorization 
        under which the outfitter serves are to be provided;
            (2) a map, sketch or description providing information 
        sufficient to locate the authorized area of outfitter services 
        on the ground, existing and proposed roads, if any, or access 
        routes to be used in connection with the services provided, 
        assigned camps (if any), and the approximate location where 
        land, water or other resources will be utilized;
            (3) information describing the nature of outfitter services 
        to be provided and how they will be conducted, the period 
        during which they will take place, and measures to be taken for 
        the protection of natural, historical, and cultural resources 
        within the resource area; and
            (4) a statement of mutual agreement outlining the objective 
        and attainable measurements of outfitter and agency performance 
        to be evaluated not less than once during, or at the conclusion 
        of, the operating season.
    (b) The holder shall be responsible for updating the annual 
operating plan as necessary or when required to do so by the agency.
    (c) The agency head shall review and approve an annual operating 
plan based on criteria which are consistent with the requirements of 
this Act and other law or regulation which shall apply, including any 
additional criteria mutually agreed upon by the authorizing officer and 
the holder.

SEC. 9. ASSIGNMENT AND MANAGEMENT OF ALLOCATION OF USE TO THE OUTFITTED 
              PUBLIC.

    (a) Qualified Holders.--The agency head shall assign an allocation 
of use to the holder of an outfitter and guide authorization whose 
services are marketed and available to the public, as provided herein.
    (b) Assignment of Principle Use.--
            (1) The agency head shall assign an amount of principal use 
        to be utilized annually through the term of an outfitter and 
        guide agreement, which may be defined in terms of user days, 
        the season, months, weeks, days, people-at-one-time, or like 
        factors which may be appropriate considering, without 
        limitation, the nature of the outfitter service, the amount of 
        use required to sustain an economically viable operation, the 
        nature and limitations of the resource area within which the 
        service is to be authorized, the various modes of 
        transportation to be used in the provision of the service, 
        assigned camps, and other appropriate factors.
            (2) Where recreation use levels are planned and managed in 
        terms of launches and people per launch, camps and people per 
        camp, or trips and people per trip, the agency head shall 
        establish the amount of principal use in terms of user days, 
        but also specify, as appropriate, numbers of launches, 
        campsites, or trips associated with such user days.
            (3) The agency head shall review and approve the terms and 
        conditions related to utilization of the amount of principal 
        use assigned as a factor in the consideration of a holder's 
        annual operating plans: Provided, That in the course of that 
        review no reduction in the amount of principal use assigned to 
        the holder may be made except as provided in (c) or (d).
            (4) Under normal circumstances, the agency head shall base 
        the amount of principal use in the renewal, extension or 
        transfer of an agreement on the amount of recurring annual use 
        previously assigned, except as provided in (d).
            (5) Assignment of principal use shall have no effect on 
        type or amount of use by the non-outfitted public.
    (c) Seasonal Deviation From Assigned Amount of Principal Use.--The 
agency head shall have the authority to--
            (1) waive a holder's obligation to use all or part of the 
        assigned amount of principal use when such request from the 
        holder is timely to allow reassignment of the unused allocation 
        to other holders: Provided, That such waiver shall not be 
        permanently deducted from the original allocation assigned to 
        the holder except by mutual consent of the holder and the 
        agency;
            (2) create a pool of available, unassigned user days, 
        including any portion of allocation waived by or withdrawn from 
        use a holder, which may be distributed at the discretion of the 
        agency head to holders authorized to provide services in the 
        resource area.
    (d) Adjustments in Assignment of Principal Use.--
            (1) In renewing an outfitter and guide agreement, the 
        amount of principal use currently assigned may be reduced at 
        the discretion of the agency head if the holder has failed in 
        more than 50 percent of the term of the current contract to 
        utilize 70 percent or more of assigned principal use; or
            (2) In exercising such discretion to determine a possible 
        reduction in the amount of principal use in the renewal of an 
outfitter and guide agreement to provide services described in section 
6(c), the agency head shall calculate whether a holder failed in some 
more than 50 percent of the term of the holder's current contract to 
utilize 70 percent or more of the average amount of allocation used by 
all holders in the same approximate location; and
            (3) In determining a reduction in the amount of principal 
        use to be assigned in the renewal of an agreement, the agency 
        head shall--
                    (A) normally assign an amount consistent with the 
                amount of principal and temporary use the holder 
                effectively utilizes through the term of the current 
                authorization;
                    (B) not make any reduction related to factors 
                beyond the holder's control, such as general market and 
                other economic fluctuations, availability of state 
                hunting licenses, and natural phenomena, such as 
                weather, which may have adversely affected the ability 
                of the holder to make full use of the allocation 
                assigned; and
                    (C) not make any reduction related to an amount of 
                the assigned use withheld from use by agency action.
            (4) The agency head shall provide the holder with 
        documentation of the basis for any adjustment in the assigned 
        amount of principal use, including new terms and conditions 
        which result from such change.
    (e) Assignment of Temporary Use.--
            (1) Temporary use may be assigned at the discretion of the 
        agency head for a period not to exceed two years.
            (2) Temporary use assigned and effectively utilized for two 
        years by the holder may be converted at the discretion of the 
        agency head to an allocation of principal use and assigned to 
        such holder accordingly.

SEC. 10. PERFORMANCE EVALUATION.

    (a) Objectives.--The agency head shall utilize the following 
objectives to develop a program for evaluation of visitor provided in 
resource areas under the jurisdiction of the agency head--
            (1) delivery of quality visitor service to the outfitted 
        public;
            (2) protection of natural, historical and cultural 
        resources;
            (3) responsible financial performance, including payment of 
        fees; and
            (4) compliance with the outfitter and guide agreement, 
        annual operating plans and pertinent laws and regulations.
    (b) Evaluation Criteria.--
            (1) Specific criteria to be utilized by the agency head to 
        evaluate the holder's performance in meeting these objectives 
        shall be objective, measurable and attainable, including--
                    (A) standards generally applicable to all visitor 
                service operations;
                    (B) standards specific to an individual sport or 
                activity; and
                    (C) such other terms and conditions of an agreement 
                or annual operating plan as are agreed upon by the 
                agency head and the holder as measurements of 
                performance.
            (2) In awarding points for the fulfillment of such 
        criteria, the agency head shall--
                    (A) not place undue weight on matters of limited 
                importance; and
                    (B) allow points to be earned for elements of 
                service which exceed the requirements of the agreement.
            (3) In evaluating the holder's performance the agency head 
        shall appropriately account for factors beyond the control of 
        the outfitter including, without limitation, agency actions, 
        general market or other economic fluctuations, or weather or 
        other natural phenomena which resulted in actions or conditions 
        that might otherwise adversely affect the holder's annual 
        performance rating.
    (c) Levels of Performance.--The agency head shall define three 
levels of performance--
            (1) good, which means a level of performance which fulfills 
        the terms and conditions of the outfitter and guide and guide 
        agreement and annual operating plans;
            (2) marginal, which means a level of performance which, if 
        not corrected, will result in an unsatisfactory rating; or
            (3) unsatisfactory, which means a level of performance that 
        fails to satisfy the requirements of the holder's outfitter and 
        guide agreement.
    (d) Annual Performance Evaluation.--
            (1) Performance evaluation shall occur not less than once a 
        year and normally include on-site inspection of facilities or 
        operations.
            (2) The holder shall be entitled to--
                    (A) be present, or represented, at such inspection;
                    (B) written notice of any conduct or condition 
                which, if not corrected, might lead to a performance 
                rating of unsatisfactory. Such notice of marginal 
                performance shall provide an explanation of needed 
                corrections and a reasonable period of time in which 
                such corrections may be made without penalty; and
                    (C) written notification of an annual performance 
                rating which is the result of all evaluations conducted 
                and such corrections as may have been acquired.
    (e) Aggregation of Results.--The results of all annual performance 
ratings of a holder shall be aggregated following determination of the 
annual rating in the final year of the term of the outfitter and guide 
agreement to determine whether the holder's overall performance during 
such term has been good, marginal or unsatisfactory.

SEC. 11. REQUIREMENTS FOR RENEWAL OR TERMINATION OF AUTHORIZATION.

    (a) Renewal At Expiration of Term.--Upon a finding of good overall 
performance during the term of an agreement the agency head shall renew 
such authorization at the request of the holder for an appropriate term 
subject to the terms and conditions of this Act.
    (b) Termination At Expiration of Term.--
            (1) Renewal of an agreement may be denied upon a finding of 
        marginal overall performance by the holder during the term of 
        such authorization.
            (2) Renewal of an agreement shall be denied upon a finding 
        of unsatisfactory overall performance by the holder during the 
        term of such authorization.
    (c) Termination for Cause.--
            (1) An agreement may be terminated for case prior to the 
        expiration of the term of such authorization when the holder 
        fails to correct conduct or conditions brought to such holder's 
        attention under procedures described in section 10(d)(2)(B) and 
        which are deemed by the agency head to be of significant 
        importance with respect to the quality of services offered, the 
        health and welfare of the outfitted public or the protection of 
        resource values.
            (2) An agreement or license may be terminated prior to the 
        expiration of the term of such authorization when the holder 
        fails to pay fees.
            (3) Immediate termination of an agreement or license may 
        occur upon the finding of the agency head that the holder's 
        operation threatens the health or welfare of the outfitted 
        public or other users.

SEC. 12. TRANSFERABILITY OF AGREEMENTS.

    (a) Transferability.--An outfitter and guide agreement is 
transferable or assignable only with the approval of the agency head, 
which approval may not be unreasonably withheld or delayed. Normally, 
such authorization shall be transferred, assigned, or otherwise 
conveyed by the agency head to--
            (1) the purchaser of a company, or a portion of a company's 
        services or facilities, who satisfies the criteria established 
        in section 5.(c)(1) of this Act; or
            (2) the heirs, partner or corporate stockholders of a 
        holder who is deceased or who requests such action.
    (b) Approval.--In approving a transfer, assignment, or conveyance 
of an outfitter and guide agreement to a qualified purchaser, the 
agency head shall--
            (1) allow for recovery of the current holder's investment 
        in the business; and
            (2) allow a purchase price based on the value of the 
        business as a going concern.
    (c) No Modification of Terms and Conditions.--The terms and 
conditions of the agreement shall not be subject to modification by 
reason of any transfer or assignment under this section.
    (d) Consideration Period.--If the agency head fails to approve or 
disapprove a transfer or assignment under paragraph (a) within 90 days 
of receipt of an application containing the information required with 
respect to such transfer, the transfer or assignment shall be deemed to 
have been approved.
    (e) Default.--In the event a transfer, assignment or conveyance is 
not approved by the agency head or is subsequently defaulted, the 
authorization of the original holder shall be fully restored or shall 
be renewed subject to the provisions of section 11 (a) or (b).

SEC. 13. DISPUTE RESOLUTION.

    (a) Board of Land Appeals.--
            (1) The Interior Board of Land Appeals shall adjudicate 
        disputes between agencies of the United States Department of 
        the Interior and outfitters and guides arising under this Act.
            (2) Disputes arising between the Forest Service and 
        outfitters and guides shall be adjudicated under applicable 
        law.
    (b) Administrative Review.--
            (1) Appeals of decisions by agencies of the United States 
        Department of the Interior may be taken to the Interior Board 
        of Land Appeals after one level of review of decisions made 
        within the agency.
            (2) Appeals of decisions made by the Forest Service shall 
        be reviewed subject to applicable law.
    (c) Expedited Procedure.--Appeals of decisions to suspend, revoke 
or terminate an authorization shall be considered under an expedited 
procedure.
    (d) Judicial Review.--A person may seek judicial review of a 
decision reached at the conclusion of such procedure. Such review shall 
be conducted on a de novo basis by a court of competent jurisdiction.

SEC. 14. RULES OF CONSTRUCTION.

    Outfitter and guide programs of agencies administering Federal 
lands subject to this Act shall be fully consistent with an agency's 
mission and laws applicable to such agency. Nothing in this Act shall 
be construed as limiting or restricting any right, title, or interest 
of the United States in or to any land or resources.

SEC. 15. REGULATIONS.

    The agency head shall promulgate regulations to implement this Act 
no later than 2 years after the date of enactment of this Act. Prior to 
final publication of such regulations, the agency head may not rely on 
any provision of this Act as cause for not awarding an outfitter and 
guide authorization under authority existing prior to enactment of this 
Act.

SEC. 16. SAVINGS CLAUSE.

    (a) In General.--The superseding of any provision, or the amendment 
of any provision, of an Act referred to in subsection (a) shall not 
affect the validity of any authorizations entered into under any such 
Act.
    (b) Transition.--
            (1) The holder of an outfitter and guide special use permit 
        or concessioner permit or contract (or extension thereof) which 
        is in effect on the date of enactment of this Act shall be 
        entitled to the issuance of an outfitter and guide 
        authorization under the provision of this Act at the time of 
        the expiration of the term of the existing authorization if the 
        holder has received a satisfactory or equivalent rating in the 
        evaluation of overall performance through the term of the 
        authorization in effect on the date of enactment of this Act. 
        For purposes hereof, the right of ``issuance of an outfitter 
        and guide permit'' under this subsection shall be deemed a 
        renewal or reissuance of the outfitter and guide permit for 
        purposes of satisfying the provisions of this Act.
            (2) A holder who exercises this right of issuance in 
        accordance with the requirements of this Act shall be entitled 
        to receive an outfitter and guide agreement.
    (c) ANILCA.--Nothing in this Act shall be construed to amend, 
supersede or otherwise affect any provision of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to 
revenue-producing visitor services.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>
```