II

105TH CONGRESS

1ST SESSION S. 1489

To provide the public with access to outfitted activities on Federal land,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. CRAIG (for himself and Mr. WYDEN) 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 outfitted activities on

Federal land, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Outfitter Policy Act

5 of 1997’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the experience, skills, equipment, and

9 trained staff provided by commercial outfitters are

10 necessary to ensure public access and enjoyment of
2

•S 1489 IS

1 recreational and educational opportunities on Fed2 eral land;

3 (2) the investment of private sector capital by

4 commercial outfitters is an important contribution

5 toward assisting land management agencies in—

6 (A) serving visitors to Federal land;

7 (B) managing and protecting resources;

8 and

9 (C) providing a broad spectrum of dis10 persed recreational opportunities in accordance

11 with user trends and the public’s need and de12 sire for access to resources;

13 (3) the provision of opportunities for outfitted

14 visitors to Federal land to engage in fishing and

15 hunting is best served by continued recognition that

16 the States retain primary authority regarding the

17 taking of fish and wildlife on Federal land;

18 (4) an effective commitment to meeting the

19 needs of outfitted visitors requires implementation of

20 agency programs to provide for—

21 (A) reliable consistent performance by out22 fitters using equipment, facilities, supplies, and

23 staff that provide the assistance necessary for

24 public access to and enjoyment of Federal land;

25 (B) the health and welfare of the public;
3

•S 1489 IS

1 (C) management and protection of the re2 source values that support outfitted activities

3 and enhance the visitor experience;

4 (D) a fair return to the Federal Govern5 ment through appropriate fees; and

6 (E) greater efficiency in management of

7 outfitted activities; and

8 (5) an effective relationship between land man9 agement agencies and commercial outfitters requires

10 implementation of agency programs to provide—

11 (A) encouragement to qualified, skilled, ex12 perienced, career-oriented persons from the pri13 vate sector to invest in equipment, facilities,

14 supplies, and staff training;

15 (B) a stable business climate that offers

16 reasonable opportunities for commercial outfit17 ters to realize a profit on their operations as a

18 whole, commensurate with—

19 (i) the capital invested in facilities and

20 equipment, staff training, safety features,

21 and overall operations; and

22 (ii) the obligations assumed;

23 (C) the incentive to reinvest in order to in24 crease the quality and scope of opportunities

25 available to outfitted visitors;
4

•S 1489 IS

1 (D) an equitable share for commercial out2 fitters of the type and amount of use deter3 mined to be suitable for an area through re4 source management planning;

5 (E) an effective and fair means of evaluat6 ing the performance of commercial outfitters to

7 ensure the public of continued availability of

8 commercial outfitted activities;

9 (F) renewal of outfitter contracts based on

10 a performance evaluation system that rewards

11 outfitters that meet required performance

12 standards and eliminates outfitters that fail to

13 meet those standards;

14 (G) the ability to recapture investment

15 through the transfer of an outfitter contract to

16 the qualified purchaser of the business, an heir

17 or assign, or another qualified person; and

18 (H) training for agency managers that is

19 appropriate for the administration of this Act.

20 SEC. 3. PURPOSES.

21 The purposes of this Act are—

22 (1) to regulate the terms and conditions of use

23 and occupancy of Federal land by commercial outfit24 ters, including the procedures, standards, customs,

25 and practices by which Federal agencies manage and
5

•S 1489 IS

1 regulate commercial outfitters to ensure continuity,

2 efficiency, and good performance in providing access

3 for visitors to Federal land;

4 (2) to ensure that members of the public who

5 require or desire access to Federal land with the as6 sistance of an outfitter have the opportunity to

7 renew their heritage through recreational and edu8 cational experiences;

9 (3) to ensure that the land management agen10 cies retain qualified outfitter operations to assist in

11 providing for the health and welfare of outfitted visi12 tors to Federal land, protection of resources, visitor

13 access to recreational and educational opportunities

14 on Federal land, and attainment of land manage15 ment objectives;

16 (4) to provide outfitters with reasonable assur17 ances and the incentive to invest in outfitter oper18 ations on Federal land; and

19 (5) to ensure that Federal revenue consider20 ations are properly subordinated to meeting the rec21 reational and educational needs of visitors to Fed22 eral land, maintaining the health and welfare of the

23 public, and protecting resources.

24 SEC. 4. DEFINITIONS.

25 In this Act:
6

•S 1489 IS

1 (1) ACTUAL USE.—The term ‘‘actual use’’

2 means the portion of a principal use allocation made

3 to an authorized outfitter for an operating season

4 that the authorized outfitter actually uses during the

5 operating season.

6 (2) ADJUSTED GROSS RECEIPTS.—The term

7 ‘‘adjusted gross receipts’’ means, with respect to an

8 authorized outfitter, an amount equal to—

9 (A) the sum of—

10 (i) the gross receipts of the authorized

11 outfitter from outfitted activities that are

12 conducted in whole or in part on Federal

13 land; and

14 (ii) value derived by the authorized

15 outfitter from goods or services that are

16 donated or bartered by the public for the

17 opportunity to participate in an outfitted

18 activity on Federal land; less

19 (B) the sum of—

20 (i) revenue to the authorized outfitter

21 from goods sold to outfitted visitors or de22 rived from operations on non-Federal land;

23 (ii) fees conveyed by the authorized

24 outfitter to units of Federal, State, or local

25 government for hunting or fishing licenses,
7

•S 1489 IS

1 entrance or recreation fees, or other pur2 poses (other than outfitter activities); and

3 (iii) such other exclusions as an agen4 cy head may specify.

5 (3) AGENCY.—The term ‘‘agency’’ means—

6 (A) the National Park Service;

7 (B) the United States Fish and Wildlife

8 Service;

9 (C) the Bureau of Land Management;

10 (D) the Forest Service; and

11 (E) the Bureau of Reclamation.

12 (4) AGENCY HEAD.—The term ‘‘agency head’’

13 means—

14 (A) with respect to Federal land adminis15 tered by the National Park Service, the Direc16 tor of the National Park Service or a designee;

17 (B) with respect to Federal land adminis18 tered by the United States Fish and Wildlife

19 Service, the Director of the United States Fish

20 and Wildlife Service or a designee;

21 (C) with respect to Federal land adminis22 tered by the Bureau of Land Management, the

23 Director of the Bureau of Land Management or

24 a designee;
8

•S 1489 IS

1 (D) with respect to Federal land adminis2 tered by the Forest Service, the Chief of the

3 Forest Service or a designee; and

4 (E) with respect to Federal land adminis5 tered by the Bureau of Reclamation, the Com6 missioner of the Bureau of Reclamation or a

7 designee.

8 (5) ALLOCATION OF USE.—

9 (A) IN GENERAL.—The term ‘‘allocation of

10 use’’ means commitment by an agency to an

11 authorized outfitter to provide access to Federal

12 land for outfitted visitors through the allocation

13 to the authorized outfitter of all or a portion of

14 user days (or other periods of operation),

15 launch dates, assigned camps or launches, or

16 other allocations of use.

17 (B) INCLUSION.—The term ‘‘allocation of

18 use’’ includes the designation of a geographic

19 area, zone, or district in which a limited num20 ber of authorized outfitters are authorized to

21 operate.

22 (6) ASSIGNED CAMP OR LAUNCH.—The term

23 ‘‘assigned camp or launch’’ means a campsite or

24 launch authorized to be reserved for use by an au-
9

•S 1489 IS

1 thorized outfitter for accommodation of outfitted

2 visitors during an operating season.

3 (7) AUTHORIZED OUTFITTER.—

4 (A) IN GENERAL.—The term ‘‘authorized

5 outfitter’’ means an outfitter that conducts out6 fitted activity under an outfitter authorization.

7 (B) INCLUSIONS.—The term ‘‘authorized

8 outfitter’’ includes—

9 (i) an outfitter authorization awarded

10 in accordance with an agreement between

11 the agency head and a State or local gov12 ernment that provides for the regulation by

13 State or local authorities of commercial

14 outfitter operations on Federal land; and

15 (ii) a holder of a recreation site facil16 ity authorization from which an outfitted

17 activity is authorized to be conducted

18 under the recreation site facility authoriza19 tion.

20 (8) COMMERCIAL OUTFITTER.—The term

21 ‘‘commercial outfitter’’ means a person engaged in

22 the business of conducting an outfitted activity—

23 (A) that is advertised and available to the

24 public;
10

•S 1489 IS

1 (B) that is conducted under the direction

2 of paid, professional staff; and

3 (C) for which an outfitted visitor is re4 quired to pay (including payment to an outfitter

5 that is a nonprofit organization).

6 (9) FEDERAL LAND.—

7 (A) IN GENERAL.—The term ‘‘Federal

8 land’’ means all land, and associated resources

9 of the land, administered by an agency.

10 (B) EXCLUSION.—The term ‘‘Federal

11 land’’ does not include—

12 (i) land held in trust by the United

13 States for the benefit of an Indian tribe or

14 individual; or

15 (ii) land held by an Indian tribe or in16 dividual subject to a restriction by the

17 United States against alienation.

18 (10) INSTITUTIONAL RECREATION PROGRAM.—

19 The term ‘‘institutional recreation program’’ means

20 a program of recreational activities on Federal land

21 that may include the conduct of an outfitted activity

22 on Federal land that is administered by—

23 (A) an institution with a membership or

24 limited constituency, such as a religious, con-
11

•S 1489 IS

1 servation, youth, fraternal, or social organiza2 tion; or

3 (B) an educational institution, such as a

4 school, college, or university.

5 (11) LIMITED OUTFITTER AUTHORIZATION.—

6 The term ‘‘limited outfitter authorization’’ means an

7 outfitter authorization under section 5(e).

8 (12) LIVERY.—The term ‘‘livery’’ means—

9 (A) the dropping off or picking up of sup10 plies or equipment; or

11 (B) the conveying of outfitted visitors to or

12 from points of access to Federal land.

13 (13) NONCOMPETITIVE AUTHORIZATION.—The

14 term ‘‘noncompetitive authorization’’ means an out15 fitter authorization awarded without issuance of a

16 prospectus.

17 (14) OUTFITTED ACTIVITY.—

18 (A) IN GENERAL.—The term ‘‘outfitted ac19 tivity’’ means outfitting, guiding, supervision,

20 education, interpretation, skills training, pack21 ing, transportation, assistance, or livery activ22 ity, or a traditional or historical activity con23 ducted for a member of the public in an out24 door environment, that—
12

•S 1489 IS

1 (i) relies on the recreational, natural,

2 historical, or cultural resources of Federal

3 land; and

4 (ii) includes the use of—

5 (I) an aircraft, vehicle, boat, sad6 dle, or pack animal or other means of

7 conveyance; or

8 (II) camp gear or other outdoor

9 recreational or educational equipment

10 or supplies.

11 (B) EXCLUSION.—The term ‘‘outfitted ac12 tivity’’ does not include a service provided under

13 the National Forest Ski Area Permit Act of

14 1986 (16 U.S.C. 497b).

15 (15) OUTFITTED VISITOR.—The term ‘‘outfit16 ted visitor’’ means a member of the public that relies

17 on a commercial outfitter for access to or use of

18 Federal land.

19 (16) OUTFITTER.—

20 (A) IN GENERAL.—The term ‘‘outfitter’’

21 means a person that conducts an outfitted ac22 tivity on Federal land.

23 (B) INCLUSION.—The term ‘‘outfitter’’ in24 cludes a person that conducts an outfitted ac-
13

•S 1489 IS

1 tivity and by local custom or tradition is known

2 as a ‘‘guide’’.

3 (17) OUTFITTER AUTHORIZATION.—The term

4 ‘‘outfitter authorization’’ means—

5 (A) a standard outfitter contract; or

6 (B) a limited outfitter authorization.

7 (18) PRINCIPAL USE ALLOCATION.—The term

8 ‘‘principal use allocation’’ means a principal use allo9 cation provided to an authorized outfitter under sec10 tion 9.

11 (19) RECREATION SITE FACILITY.—The term

12 ‘‘recreation site facility’’ means a privately or pub13 licly owned facility authorized for use and occupancy

14 on Federal land from which an outfitted activity is

15 conducted under the authority of a recreation site

16 facility permit, contract, lease, or other authoriza17 tion.

18 (20) RESOURCE AREA.—The term ‘‘resource

19 area’’ means a planning unit that is described by or

20 contained within the boundaries of a unit of the Na21 tional Park System, a National Forest, a wildlife

22 refuge, a congressionally designated area, a hunting

23 zone or district, or a similar Federal land manage24 ment unit (including an area in which directly com-
14

•S 1489 IS

1 petitive operations are regulated by more than 1

2 agency).

3 (21) STANDARD OUTFITTER CONTRACT.—The

4 term ‘‘standard outfitter contract’’ means an outfit5 ter contract awarded under section 5(d).

6 (22) TEMPORARY USE ALLOCATION.—The term

7 ‘‘temporary use allocation’’ means an amount of al8 location of use for a term of not more than 2 years.

9 (23) TRADITIONAL OR HISTORICAL ACTIVITY.—

10 The term ‘‘traditional or historical activity’’ means

11 a method of transport, lodging, facility, structure, or

12 recreational or educational activity that—

13 (A) reflects an early era of the exploration,

14 technology, or cultural evolution of the United

15 States; and

16 (B) was established before the date of en17 actment of this Act as part of an outfitter oper18 ation (with any adaptation on or after that date

19 that may be necessary to ensure the health and

20 welfare of outfitted visitors and the protection

21 of resources).

22 (24) USER DAY.—The term ‘‘user day’’ means

23 a day on which an authorized outfitter is authorized

24 to conduct an outfitted activity for an outfitted visi25 tor on Federal land.
15

•S 1489 IS

1 SEC. 5. OUTFITTER AUTHORIZATIONS.

2 (a) REQUIREMENT OF OUTFITTER AUTHORIZA3 TIONS.—

4 (1) PROHIBITION.—No commercial outfitter ex5 cept an authorized outfitter shall conduct an outfit6 ted activity on Federal land.

7 (2) CONDUCT OF OUTFITTED ACTIVITIES.—An

8 authorized outfitter shall not conduct an outfitted

9 activity on Federal land except in accordance with

10 an outfitter authorization.

11 (3) INAPPLICABILITY OF PROCUREMENT LAW

12 AND SERVICE CONTRACT LAW.—Law relating to pro13 curement of property and services by Federal agen14 cies, including title III of the Federal Property and

15 Administrative Services Act of 1949 (41 U.S.C. 251

16 et seq.), the Office of Federal Procurement Policy

17 Act (41 U.S.C. 401 et seq.), the Service Contract

18 Act of 1965 (41 U.S.C. 351 et seq.), and subchapter

19 V of chapter 35 of title 31, United States Code

20 (commonly known as the ‘‘Competition in Contract21 ing Act’’), shall not apply to an outfitter authoriza22 tion.

23 (b) TERMS AND CONDITIONS.—An outfitter author24 ization shall specify the rights and obligations of the au25 thorized outfitter and the agency head and other terms

26 and conditions of the authorization.
16

•S 1489 IS

1 (c) CRITERIA FOR AWARD.—The agency head shall

2 establish criteria for award of an outfitter authorization

3 that—

4 (1) identify skilled, experienced, and financially

5 capable persons to offer and conduct outfitted activi6 ties in a manner that—

7 (A) provides recreational and educational

8 experiences for the outfitted visitors;

9 (B) promotes the health and welfare of

10 outfitted visitors; and

11 (C) protects the natural, historical, cul12 tural, and recreational resources in areas where

13 the outfitted activities are conducted;

14 (2) acknowledge the traditional and historical

15 role of outfitters in providing the experience, skills,

16 equipment, and trained staff necessary for access by

17 outfitted visitors to, and use and enjoyment by out18 fitted visitors of, recreational or educational opportu19 nities on Federal land;

20 (3) recognize the importance of the private sec21 tor in providing the public with access to Federal

22 land by encouraging investment by authorized outfit23 ters in facilities, equipment, and employee training;

24 and
17

•S 1489 IS

1 (4) except as provided in subsections (d)(4)(C)

2 and (e) and section 11, include a competitive process

3 for awarding outfitter authorizations.

4 (d) STANDARD OUTFITTER CONTRACTS.—

5 (1) IN GENERAL.—An agency head may enter

6 into a written contract with a commercial outfitter

7 for the use and occupancy of Federal land for the

8 purpose of conducting outfitted activities.

9 (2) TERM.—A standard outfitter contract shall

10 provide for—

11 (A) a standard 10-year term; or

12 (B) a term that is longer than 10 years, if

13 the agency head determines that a longer term

14 is necessary because of the extent of investment

15 required to conduct outfitted activities con16 templated by the standard outfitter contract or

17 is otherwise in the public interest.

18 (3) TERMS AND CONDITIONS.—A standard out19 fitter contract shall provide for—

20 (A) a principal use allocation and, if ap21 propriate, a temporary use allocation;

22 (B) an authorization fee in accordance

23 with section 6;

24 (C) renewal of the standard outfitter con25 tract on a determination of good performance
18

•S 1489 IS

1 during the term of the contract (including any

2 extension or renewal of the term), in accordance

3 with section 11;

4 (D) amendment of the standard outfitter

5 contract in accordance with paragraph (6);

6 (E)(i) in the case of an authorized outfitter

7 that conducts an outfitted activity in a resource

8 area in which another authorized outfitter con9 ducts the same or a similar outfitted activity,

10 the authority of the authorized outfitter to de11 termine the amounts to be charged to outfitted

12 visitors; or

13 (ii) in the case of an authorized outfitter

14 that has exclusive authorization to conduct an

15 outfitted activity in a resource area, the author16 ity of the authorized outfitter to determine the

17 amounts to be charged to outfitted visitors sub18 ject to approval by the agency head, who shall

19 use reasonable criteria in making a determina20 tion within a reasonable period of time;

21 (F) full disclosure to each outfitted visitor

22 that participates in an outfitted activity con23 ducted by the authorized outfitter of the

24 amount and type of fees that the authorized
19

•S 1489 IS

1 outfitter is required to pay to the agency head

2 in connection with—

3 (i) entrance fees;

4 (ii) outfitter or visitor fees directly re5 lated to outfitter operations; or

6 (iii) other fees; and

7 (G) transfer or assignment of the standard

8 outfitter contract in accordance with section 12.

9 (4) AWARD.—

10 (A) IN GENERAL.—An agency head may

11 award a standard outfitter contract if—

12 (i) additional or unallocated use ca13 pacity is available in a resource area, or

14 public demand for recreational or edu15 cational opportunities has been identified

16 through the resource planning process;

17 (ii) a standard outfitter contract is

18 terminated;

19 (iii) a reduction in principal use allo20 cation under section 9(d) makes the alloca21 tion of use available;

22 (iv) competitive interest in a resource

23 area or outfitted activity arises where no

24 authorized outfitter offers the outfitted ac25 tivity and the proposed type of activity and
20

•S 1489 IS

1 amount of use are not inconsistent with

2 the objectives of applicable resource man3 agement plans; or

4 (v) in the case of a resource area in

5 the State of Alaska, competitively awarded

6 Federal permits have been issued to au7 thorized outfitters providing fishing or

8 hunting opportunities.

9 (B) SOLICITATION AND SELECTION OF AP10 PLICANTS; FEES.—In awarding a standard out11 fitter contract under clause (i), (ii), (iii), or (iv)

12 of subparagraph (A), an agency head—

13 (i)(I) except as provided in subpara14 graph (C), shall solicit applicants by issu15 ing a prospectus; and

16 (II) to the maximum extent prac17 ticable, shall contact each person that has

18 expressed an interest in conducting an out19 fitted activity in the resource area; and

20 (ii) shall, in selecting qualified appli21 cants—

22 (I) determine the most qualified

23 applicants by considering past experi24 ence and knowledge of the resource

25 area, financial capability, performance
21

•S 1489 IS

1 records, and resource protection capa2 bility; and

3 (II) subordinate considerations of

4 revenue to the United States to the

5 objectives of providing recreational

6 and educational opportunities for the

7 public, providing for the health and

8 welfare of the public, and protecting

9 resources.

10 (C) NONCOMPETITIVE AUTHORIZATIONS.—

11 An agency head may award a standard outfitter

12 contract to an applicant without issuing a pro13 spectus if the agency head determines that—

14 (i) an application has been submitted

15 to conduct an outfitted activity for which

16 the agency head determines that a non17 competitive authorization would serve the

18 needs of outfitted visitors;

19 (ii) the applicant meets criteria estab20 lished by the agency head; and

21 (iii) issuance of a prospectus would

22 provide no significant benefit to the public,

23 and waiving the requirement for a prospec24 tus would cause no significant detriment to

25 prospective outfitter applicants.
22

•S 1489 IS

1 (5) EXTENSIONS.—

2 (A) IN GENERAL.—An agency head may

3 extend the term of a standard outfitter contract

4 if the agency head determines that an extension

5 is necessary to avoid interruption of the public’s

6 access to recreational and educational opportu7 nities.

8 (B) PENDING APPLICATIONS.—Before ex9 tending the term of a standard outfitter con10 tract, an agency head shall take all reasonable

11 and appropriate steps to consider pending ap12 plications for standard outfitter contracts.

13 (6) AMENDMENTS.—An amendment to a stand14 ard outfitter contract—

15 (A) shall be made only—

16 (i) with the consent of the authorized

17 outfitter;

18 (ii) in accordance with the terms of

19 the standard outfitter contract; or

20 (iii) to bring the outfitter operations

21 of the authorized outfitter into compliance

22 with applicable law;

23 (B) shall be undertaken with reasonable

24 advance notice of any new requirements for

25 capital expenditures arising during the term of
23

•S 1489 IS

1 the standard outfitter contract, if the expendi2 tures are expected to affect pricing, advertising,

3 or other aspects of the operations of the author4 ized outfitter;

5 (C) may be made for the purpose of per6 mitting the authorized outfitter to conduct a

7 new or expanded outfitted activity if the agency

8 head determines that the new or expanded out9 fitted activity may contribute to the use and en10 joyment of Federal land by outfitted visitors;

11 and

12 (D) shall not—

13 (i) constitute the issuance of a new

14 contract necessitating compliance with any

15 paperwork or other requirements under

16 any law except any that are specifically re17 lated to the amendment; or

18 (ii) adversely affect other rights and

19 obligations that exist under the standard

20 outfitter contract.

21 (e) LIMITED OUTFITTER AUTHORIZATIONS.—

22 (1) IN GENERAL.—An agency head may issue a

23 limited outfitter authorization to an applicant if the

24 agency head determines that the applicant is quali25 fied to conduct outfitted activity on a limited basis.
24

•S 1489 IS

1 (2) TERM.—A limited outfitter authorization

2 shall have a term of not to exceed 2 years.

3 (3) REISSUANCE OR RENEWAL.—A limited out4 fitter authorization may be reissued or renewed at

5 the discretion of the agency head.

6 (4) TRANSFERABILITY.—A limited outfitter au7 thorization shall be transferable at the sole discre8 tion of the agency head.

9 (5) CONSISTENCY WITH RESOURCE MANAGE10 MENT GOALS.—A limited outfitter authorization

11 shall not authorize any type or quantity of outfitted

12 activity that is inconsistent with resource manage13 ment goals for a resource area.

14 (6) NO CONSTRUCTION.—A limited outfitter au15 thorization shall not authorize construction of a

16 structure, fixture, or other improvement on Federal

17 land.

18 (7) PREFERENCE FOR STANDARD OUTFITTER

19 CONTRACTS.—If a person that is seeking or has

20 been awarded a limited outfitter authorization sub21 mits to an agency an application for a standard out22 fitter contract, the agency head shall—

23 (A) process the application as an applica24 tion for a standard outfitter contract; and
25

•S 1489 IS

1 (B) award a standard outfitter contract

2 rather than a limited outfitter authorization un3 less the agency head submits to the applicant a

4 written determination stating reasons why an

5 award of a standard outfitter contract would

6 not be in the best interests of the public.

7 (f) RESOURCE AREAS UNDER THE JURISDICTION OF

8 MORE THAN 1 AGENCY.—

9 (1) LEAD AGENCY.—To reduce administrative

10 costs, the heads of agencies with jurisdiction over

11 adjoining resource areas, or noncontiguous resource

12 areas in which a prospective authorized outfitter

13 proposes to conduct outfitted activities for outfitted

14 visitors in a single trip, may designate a lead agency

15 for the authorization and management of outfitter

16 operations using both resource areas under the au17 thority of a single outfitter authorization.

18 (2) SINGLE OUTFITTER AUTHORIZATION AND

19 FEE.—The lead agency shall award a single outfitter

20 authorization and collect a single fee in accordance

21 with section 6.

22 (3) CONSISTENCY WITH PLANS AND POLICIES

23 OF EACH AGENCY.—An outfitter authorization under

24 paragraph (2) shall provide for the conduct of an

25 outfitted activity in a manner that is consistent with
26

•S 1489 IS

1 the resource management plans and policies for each

2 resource area in which an outfitted activity is con3 ducted.

4 SEC. 6. AUTHORIZATION FEES.

5 (a) ANNUAL FEE.—

6 (1) IN GENERAL.—An agency head shall re7 quire payment of a reasonable annual fee for an out8 fitter authorization.

9 (2) PAYMENT SCHEDULE.—An annual author10 ization fee shall be paid in accordance with a reason11 able schedule of payment during the course of an op12 erating season.

13 (b) ESTABLISHMENT OF AMOUNT APPLICABLE TO A

14 STANDARD OUTFITTER CONTRACT.—

15 (1) IN GENERAL.—The amount of an authoriza16 tion fee under a standard outfitter contract—

17 (A) shall reflect the value of the oppor18 tunity to conduct the outfitted activity on Fed19 eral land that—

20 (i) is expressed as a simple charge per

21 day of actual use or as a flat fee; or

22 (ii) if calculated as a percentage of

23 revenue, is determined based on adjusted

24 gross receipts;
27

•S 1489 IS

1 (B) shall take into account economic condi2 tions and other factors so as to provide the au3 thorized outfitter a reasonable opportunity to

4 realize a profit on the operation as a whole,

5 commensurate with the capital invested and the

6 obligations assumed; and

7 (C) may include an amount for rental of

8 any federally owned facility that is used by the

9 authorized outfitter.

10 (2) ACTUAL USE.—

11 (A) IN GENERAL.—For the purposes of

12 paragraph (1)(A)(i), actual use shall be based

13 on a full user day or the portion of a user day

14 (or other measure of activity) in which actual

15 use occurs.

16 (B) LIMITATION.— In the case of an au17 thorized outfitter that conducts an outfitted ac18 tivity in adjoining or noncontiguous resource

19 areas as described in section 5(f), whether or

20 not the resource areas are under the jurisdic21 tion of different agencies, or, if the resource

22 areas are under the jurisdiction of different

23 agencies, whether or not the heads of the agen24 cies designate a lead agency and award a single

25 outfitter authorization or separate outfitter au-
28

•S 1489 IS

1 thorizations, the authorization fee, or if author2 ization fees are assessed separately, the aggre3 gate amount of authorization fees assessed,

4 shall be based on not more than 1 user day per

5 outfitted visitor per day.

6 (3) SPECIAL RULE FOR ALASKA.—With respect

7 to an outfitted activity conducted in the State of

8 Alaska, an agency head shall establish a reasonable

9 authorization fee based on a simple charge per user

10 day.

11 (4) SUBSTANTIALLY SIMILAR SERVICES IN A

12 SPECIFIC GEOGRAPHIC AREA.—If more than 1

13 standard outfitter contract is awarded to conduct

14 the same or a similar outfitted activity in the same

15 resource area, the agency head shall establish an

16 identical fee for all such standard outfitter contracts.

17 (c) ESTABLISHMENT OF AMOUNT APPLICABLE TO A

18 LIMITED OUTFITTER AUTHORIZATION.—The amount of

19 an authorization fee under a limited outfitter authoriza20 tion shall be not less than an amount that is sufficient

21 to recover the cost to the agency of managing the activities

22 of the authorized outfitter.

23 (d) NO ADDITIONAL FEES.—An agency head shall

24 not require the payment by an authorized outfitter of any
29

•S 1489 IS

1 new or increased fee or other charge in addition to the

2 authorization fee specified in an outfitter authorization.

3 (e) ADJUSTMENT OF FEES.—The amount of an au4 thorization fee—

5 (1) shall be determined as of the date of the

6 outfitter authorization; and

7 (2) may be modified as provided in the outfitter

8 authorization—

9 (A) on the basis of inflation (as measured

10 by changes in the Consumer Price Index or an11 other appropriate index), when the annual pay12 ment is not determined by a percentage of ad13 justed gross receipts;

14 (B) to reflect material adverse changes

15 from the conditions specified in the outfitter au16 thorization; or

17 (C) in the event of an unforeseen disaster.

18 SEC. 7. LIABILITY AND INDEMNIFICATION.

19 (a) IN GENERAL.—An authorized outfitter shall de20 fend and indemnify the United States for costs or ex21 penses associated with injury, death, or damage to any

22 person or property caused by the authorized outfitter’s

23 negligence, gross negligence, or willful and wanton dis24 regard for persons or property arising directly out of the
30

•S 1489 IS

1 authorized outfitter’s conduct of outfitted activity under

2 an outfitter authorization.

3 (b) NO LIABILITY.—An authorized outfitter—

4 (1) shall have no responsibility to defend or in5 demnify the United States, its agents, employees, or

6 contractors, or third parties for costs or expenses as7 sociated with injury, death, or damage to any person

8 or property caused by the acts, omissions, neg9 ligence, gross negligence, or willful and wanton mis10 conduct of the United States, its agents, employees,

11 or contractors, or third parties;

12 (2) shall not incur liability of any kind to the

13 United States, its agents, employees, or contractors,

14 or third parties as a result of the award of an outfit15 ter authorization or as a result of the conduct of an

16 outfitted activity under an outfitter authorization

17 absent a finding by a court of competent jurisdiction

18 of negligence, gross negligence, or willful and wanton

19 disregard for persons or property on the part of the

20 authorized outfitter; and

21 (3) shall have no responsibility to defend or in22 demnify the United States, its agents, employees, or

23 contractors, or third parties for costs or expenses as24 sociated with injury, death, or damage to any person

25 or property resulting from the inherent risks of the
31

•S 1489 IS

1 outfitted activity conducted by the authorized outfit2 ter under the outfitter authorization or the inherent

3 risks present on Federal land.

4 (c) AGREEMENTS.—An authorized outfitter may

5 enter into contracts or other agreements with outfitted

6 visitors, including agreements providing for release, waiv7 er, indemnification, acknowledgment of risk, or allocation

8 of risk.

9 SEC. 8. OPERATING PLANS.

10 (a) IN GENERAL.—Before operations are conducted

11 under a standard outfitter contract, the authorized outfit12 ter shall submit to the agency head an operating plan that

13 provides information necessary for effective coordination

14 between the authorized outfitter and the agency.

15 (b) CONTENTS.—An operating plan shall include—

16 (1) the names and mailing addresses of the au17 thorized outfitter and its employees and agents;

18 (2) a map, sketch, or description providing in19 formation sufficient to locate—

20 (A) the authorized area of outfitter oper21 ations on the ground;

22 (B) existing and proposed roads or access

23 routes to be used in connection with the oper24 ation; and
32

•S 1489 IS

1 (C) assigned camps or launches or other

2 facilities to be used;

3 (3) information describing—

4 (A) an itinerary and the nature of the out5 fitted activity to be conducted;

6 (B) the period during which the outfitted

7 activity will be conducted; and

8 (C) the measures to be taken for the pro9 tection of natural, historical, and cultural re10 sources within the resource area; and

11 (4) an agreement between the agency head and

12 the authorized outfitter outlining the objective and

13 attainable measurements of outfitter performance to

14 be evaluated during the operating season.

15 (c) UPDATING.—An authorized outfitter shall update

16 the operating plan as necessary to reflect changes in oper17 ations or itinerary.

18 (d) REVIEW BY AGENCY HEAD.—

19 (1) IN GENERAL.—The agency head shall re20 view and approve an operating plan based on criteria

21 consistent with the requirements of this Act and

22 other applicable law.

23 (2) NO ALTERATION OF STANDARD OUTFITTER

24 CONTRACT OR AGENCY POLICY.—In connection with
33

•S 1489 IS

1 review of an operating plan, an agency head shall

2 not—

3 (A) alter provisions of the standard outfit4 ter contract except with the consent of the au5 thorized outfitter; or

6 (B) depart from established agency policy

7 that is applicable to operating plans submitted

8 by authorized outfitters generally.

9 (e) SPECIAL RULE FOR ALASKA.—With respect to

10 outfitted activity conducted in the State of Alaska, an

11 agency head shall not establish or impose a limitation on

12 access by an authorized outfitter that is inconsistent with

13 the access ensured under subsections (a) and (b) of section

14 1110 of the Alaska National Interest Lands Conservation

15 Act (16 U.S.C. 3170).

16 SEC. 9. ALLOCATIONS OF USE.

17 (a) IN GENERAL.—An agency head—

18 (1) shall provide a principal use allocation to an

19 authorized outfitter under a standard outfitter con20 tract; and

21 (2) may provide a temporary use allocation to

22 an authorized outfitter under a standard outfitter

23 contract or a limited outfitter authorization.

24 (b) PRINCIPAL USE ALLOCATION.—
34

•S 1489 IS

1 (1) IN GENERAL.—An agency head shall pro2 vide a principal use allocation to be available for use

3 by the authorized outfitter in the same amount dur4 ing each year through the term of a standard outfit5 ter contract.

6 (2) TERMS.—A principal use allocation may be

7 defined in terms of user days or portions of user

8 days, outfitter areas, the operating season, months,

9 weeks, days, people-at-one-time, or other means of

10 measurement that may be appropriate in view of—

11 (A) the nature of the outfitted activity;

12 (B) the amount of use required to sustain

13 an economically viable operation;

14 (C) the nature and limitations of the re15 source area within which the outfitted activity

16 is to be authorized;

17 (D) the various modes of transportation to

18 be used in conducting the outfitted activity;

19 (E) the location of assigned camps or

20 launches; and

21 (F) other appropriate factors.

22 (3) EXTENSIONS, RENEWALS, AND TRANS23 FERS.—Upon the extension, renewal, or transfer of

24 a standard outfitter contract, an agency head shall

25 provide an allocation of the same type of outfitted
35

•S 1489 IS

1 activity and amount of principal use, except as pro2 vided in subsection (d).

3 (4) EFFECT OF ADJUSTMENTS.—

4 (A) PRINCIPAL USE ALLOCATIONS.—An

5 adjustment made by the agency head in the ag6 gregate amount of principal use allocations pro7 vided to all authorized outfitters conducting the

8 same or a similar outfitted activity in a re9 source area shall not be offset by an adjustment

10 in the amount of use made available to mem11 bers of the public who engage in the activity

12 without the assistance of an authorized outfit13 ter.

14 (B) USE BY PERSONS WITHOUT THE AS15 SISTANCE OF AN AUTHORIZED OUTFITTER.—An

16 adjustment made by the agency head in the

17 amount of use made available to members of

18 the public who engage in an activity without the

19 assistance of an authorized outfitter shall not

20 be offset by an adjustment in the amount of

21 principal use allocations provided to authorized

22 outfitters in the resource area for the purpose

23 of providing access for outfitted visitors.

24 (c) SEASONAL DEVIATION FROM PRINCIPAL USE AL25 LOCATIONS.—
36

•S 1489 IS

1 (1) WAIVER.—

2 (A) IN GENERAL.—At the request of an

3 authorized outfitter, an agency head may waive

4 the obligation of the authorized outfitter to use

5 all or part of the amount of the principal use

6 allocation provided to the authorized outfitter,

7 if the request is made in sufficient time to allow

8 the agency head to reallocate the unused alloca9 tion of use to other authorized outfitters.

10 (B) NO DEDUCTION.—An amount of prin11 cipal use allocation that is waived under para12 graph (1) shall not be withheld from use by the

13 authorized outfitter through the remainder of

14 the term of the standard outfitter contract ex15 cept with the consent of the authorized outfit16 ter.

17 (2) POOL OF UNALLOCATED USE.—

18 (A) IN GENERAL.—An agency head may

19 create a pool of available, unallocated principal

20 use (including any part of an allocation of use

21 waived under subparagraph (A)), which may be

22 distributed at the discretion of the agency head

23 to authorized outfitters.

24 (B) CONSIDERATION OF EXISTING OUTFIT25 TER OPERATIONS.—In determining the alloca-
37

•S 1489 IS

1 tion of unallocated use under subparagraph (A),

2 an agency head shall give first consideration to

3 improving the economic viability of existing out4 fitter operations in the resource area.

5 (d) ADJUSTMENT OF ALLOCATIONS OF PRINCIPAL

6 USE.—

7 (1) RENEWAL OF CONTRACT.—

8 (A) IN GENERAL.—In renewing a standard

9 outfitter contract, an agency head may—

10 (i) reduce the amount of the principal

11 use allocation provided to an authorized

12 outfitter in a resource area in which no

13 other authorized outfitter conducts an out14 fitted activity under a standard outfitter

15 contract that is the same as or similar to

16 an outfitted activity conducted by the au17 thorized outfitter if the authorized outfitter

18 failed in more than 40 percent of the years

19 of the expired contract term to make ac20 tual use of 70 percent or more of the

21 amount of the principal use allocation pro22 vided for the expired contract term; or

23 (ii) in the case of an authorized outfit24 ter that conducts the same outfitted activ25 ity as, or an outfitted activity that is simi-
38

•S 1489 IS

1 lar to, an outfitted activity conducted by 1

2 or more other authorized outfitters under

3 standard outfitter contracts in the same

4 resource area, reduce the amount of the

5 principal use allocation provided to the au6 thorized outfitter if the authorized outfitter

7 failed in more than 40 percent of the years

8 of the expired contract term to make ac9 tual use of 70 percent or more of the aver10 age amount of principal use expressed as a

11 percentage of total use actually used by all

12 of the authorized outfitters.

13 (B) APPROVED NONUSE.—In determining

14 the extent of the failure to make actual use of

15 a principal use allocation for the purpose of

16 subparagraph (A), an agency head shall treat

17 any approved nonuse under subsection (c)(1) as

18 actual use by the authorized outfitter.

19 (2) AMOUNT OF REDUCTION.—In determining a

20 reduced amount of principal use to be allocated in

21 the renewal of a standard outfitter contract, an

22 agency head shall not make any reduction related to

23 factors beyond the control of the authorized outfitter

24 (such as general market and other economic fluctua25 tions, availability of State hunting licenses, closure
39

•S 1489 IS

1 of a resource area, or natural phenomena such as

2 weather) that may have adversely affected the ability

3 of the authorized outfitter to make actual use of the

4 full amount of the principal use allocation.

5 (3) DOCUMENTATION.—An agency head shall

6 provide an authorized outfitter with documentation

7 of the basis for any adjustment in the principal use

8 allocation, including new terms and conditions that

9 result from the adjustment.

10 (e) TEMPORARY USE ALLOCATIONS.—

11 (1) IN GENERAL.—A temporary use allocation

12 may be provided to an authorized outfitter at the

13 discretion of the agency head for a period of not to

14 exceed 2 years.

15 (2) REISSUANCE, RENEWAL, AND TRANSFER.—

16 A temporary use allocation may be reissued, re17 newed, or transferred at the discretion of the agency

18 head.

19 (3) CONVERSION TO PRINCIPAL USE.—At the

20 request of the authorized outfitter, a temporary use

21 allocation provided and used for 2 years may be con22 verted at the discretion of the agency head to a prin23 cipal use allocation.
40

•S 1489 IS

1 SEC. 10. EVALUATION OF PERFORMANCE UNDER STAND2 ARD OUTFITTER CONTRACTS.

3 (a) OBJECTIVES.—An agency head shall use the fol4 lowing objectives to develop a program for annual evalua5 tion of operations conducted under a standard outfitter

6 contract:

7 (1) Provision of recreational and educational

8 opportunities on Federal land to the outfitted visi9 tors.

10 (2) Protection of the health and welfare of visi11 tors to Federal land.

12 (3) Protection of natural, historical, cultural,

13 and recreational resources.

14 (4) Responsible administrative and financial

15 performance, including payment of fees.

16 (5) Compliance with the outfitter authorization,

17 the operating plan, and applicable laws (including

18 regulations).

19 (b) EVALUATION CRITERIA.—

20 (1) IN GENERAL.—Specific criteria to be used

21 by an agency head to evaluate the authorized outfit22 ter’s performance in meeting the objectives described

23 in subsection (a)—

24 (A) shall be objective, measurable, and rea25 sonably attainable; and

26 (B) shall include—
41

•S 1489 IS

1 (i) standards generally applicable to

2 all commercial outfitter operations mar3 keted and available to visitors on Federal

4 land;

5 (ii) standards specific to an individual

6 outfitter operation or outfitted activity;

7 and

8 (iii) such other terms and conditions

9 of the standard outfitter contract or oper10 ating plan as are agreed to by the agency

11 head and the authorized outfitter as meas12 urements of performance.

13 (2) REQUIREMENTS.—In evaluating the level of

14 performance of an authorized outfitter with respect

15 to the fulfillment of the objectives described in sub16 section (a), an agency head—

17 (A) shall ensure that—

18 (i) the effect that any deficiency in

19 the performance on the part of an author20 ized outfitter has on the performance rat21 ing determined for the authorized outfitter

22 is proportionate to the severity of the defi23 ciency and any harm that may have re24 sulted from the deficiency; and
42

•S 1489 IS

1 (ii) similar deficiencies found in the

2 performance of different authorized outfit3 ters result in similar effects on the respec4 tive performance ratings determined for

5 the authorized outfitters;

6 (B) shall allow additional credit to be

7 earned for elements of performance that exceed

8 the requirements of the standard outfitter con9 tract or operating plan; and

10 (C) shall appropriately account for factors

11 beyond the control of the outfitter including

12 agency actions, general market or other eco13 nomic fluctuations, and weather or other natu14 ral phenomena that resulted in actions or condi15 tions that adversely affected the authorized out16 fitter’s level of performance.

17 (c) LEVELS OF PERFORMANCE.—An agency head

18 shall define 3 levels of performance, as follows:

19 (1) Good, indicating a level of performance that

20 fulfills the terms and conditions of the standard out21 fitter contract and annual operating plan.

22 (2) Marginal, indicating a level of performance

23 that, if not corrected, will result in an unsatisfactory

24 level of performance.
43

•S 1489 IS

1 (3) Unsatisfactory, indicating a level of per2 formance that threatens the public health and wel3 fare, willfully damages a resource, or demonstrates

4 routine or gross violation of the requirements of the

5 standard outfitter contract or operating plan.

6 (d) PERFORMANCE EVALUATION.—

7 (1) EVALUATION SYSTEM.—An agency head

8 shall establish a performance evaluation system that

9 ensures the public of continued availability of de10 pendable outfitter operations and eliminates author11 ized outfitters that fail to meet the required stand12 ards.

13 (2) PROCEDURE.—An authorized outfitter shall

14 be entitled—

15 (A) to be present, or represented, at in16 spections of operations or facilities, which in17 spections shall be limited to the operations and

18 facilities of the authorized outfitter located on

19 Federal land;

20 (B) to receive written notice of any con21 duct or condition that, if not corrected, might

22 lead to a performance evaluation of marginal or

23 unsatisfactory, which notice shall include an ex24 planation of needed corrections and provide a
44

•S 1489 IS

1 reasonable period of time in which the correc2 tions may be made without penalty; and

3 (C) to receive written notice of the results

4 of the performance evaluation not later than 30

5 days after the conclusion of the authorized out6 fitter’s operating season, including the level of

7 performance and the status of corrections that

8 may have been required.

9 (e) MARGINAL PERFORMANCE.—If an authorized

10 outfitter’s level of performance for a year is determined

11 to be marginal, and the authorized outfitter fails to com12 plete the corrections within the time specified as provided

13 in subsection (d)(2)(B), the level of performance shall be

14 determined to be unsatisfactory for the year.

15 (f) AGGREGATION OF RESULTS.—

16 (1) IN GENERAL.—The results of all annual

17 performance evaluations of authorized outfitters

18 shall be aggregated following determination of the

19 level of performance in the year before the year in

20 which the standard outfitter contract expires to de21 termine whether the authorized outfitter’s overall

22 performance during the term has been good or un23 satisfactory.

24 (2) GOOD PERFORMANCE.—Overall perform25 ance during the term of the standard outfitter con-
45

•S 1489 IS

1 tract shall be considered to be good when annual

2 performance has been determined to be good in 75

3 percent or more of the term of the standard outfitter

4 contract that occurs before the year in which the

5 standard outfitter contract expires.

6 (3) UNSATISFACTORY PERFORMANCE IN FINAL

7 YEAR.—If a determination of unsatisfactory per8 formance is made with respect to the final year of

9 the term of a standard outfitter contract, the cal10 culation to determine overall performance shall in11 clude that determination.

12 (4) NOTICE.—Not later that 30 days after the

13 close of the evaluation period for the final year of a

14 standard outfitter contract, an agency head shall

15 provide the authorized outfitter an evaluation of the

16 overall level of performance for the term of the

17 standard outfitter contract that shall serve as the

18 basis for determining eligibility for renewal under

19 section 11.

20 (g) FAILURE TO EVALUATE.—If an agency head fails

21 to evaluate an authorized outfitter in any year of the term

22 of a standard outfitter contract, the performance of the

23 authorized outfitter in that year shall be considered to

24 have been good.
46

•S 1489 IS

1 (h) SPECIAL RULE FOR ALASKA.—For the purposes

2 of this section, with respect to outfitted activities con3 ducted in the State of Alaska, objectives and criteria relat4 ing to protection of natural resources and the taking of

5 fish and game shall not be inconsistent with the laws (in6 cluding regulations) of the Alaska Department of Fish and

7 Game.

8 SEC. 11. REQUIREMENTS FOR RENEWAL OR TERMINATION

9 OF STANDARD OUTFITTER CONTRACTS.

10 (a) RENEWAL AT EXPIRATION OF TERM.—

11 (1) IN GENERAL.—On a determination of good

12 overall performance under section 10 during the

13 term of a standard outfitter contract, an agency

14 head shall renew the contract at the request of the

15 authorized outfitter subject to the terms and condi16 tions of this Act.

17 (2) EFFECT.—A renewal of a standard outfitter

18 contract earned on a determination of good perform19 ance shall not have an adverse effect on other rights

20 and obligations that exist under the standard outfit21 ter contract.

22 (b) TERMINATION AT EXPIRATION OF TERM.—A re23 newal of a standard outfitter contract shall be denied on

24 a determination of unsatisfactory overall performance

25 under section 10.
47

•S 1489 IS

1 (c) TERMINATION FOR CAUSE.—A standard outfitter

2 contract may be terminated for cause if—

3 (1) the authorized outfitter fails to correct con4 ditions with respect to which notice was provided

5 under section 10(d)(2)(B) that are considered by the

6 agency head to be of significant importance with re7 spect to the quality of operations, the health and

8 welfare of outfitted visitors, or the protection of re9 sources;

10 (2) the authorized outfitter is repeatedly in ar11 rears in the payment of fees; or

12 (3) the authorized outfitter’s conduct dem13 onstrates willful and wanton disregard for the health

14 and welfare of outfitted visitors or other users of

15 Federal land.

16 SEC. 12. TRANSFERABILITY OF STANDARD OUTFITTER

17 CONTRACTS.

18 (a) TRANSFERABILITY.—

19 (1) IN GENERAL.—A standard outfitter con20 tract shall be transferable on approval of the agency

21 head, based solely on a determination whether the

22 proposed transferee is a qualified transferee under

23 paragraph (2) and on the considerations described in

24 paragraph (3).
48

•S 1489 IS

1 (2) QUALIFIED TRANSFEREES.—A standard

2 outfitter contract may be transferred to—

3 (A) a purchaser of the authorized outfitter,

4 or of all or a portion of the business operations

5 or facilities of the authorized outfitter, that sat6 isfies the criteria established under section

7 5(c)(1); or

8 (B) an assignee, partner, or stockholder or

9 other owner of an interest in the authorized

10 outfitter, at the request of authorized outfitter

11 the transfer, or, in the case of an authorized

12 outfitter who is an individual, an heir of the in13 dividual, on the death of the individual.

14 (3) CONSIDERATIONS.—In approving a transfer

15 of a standard outfitter contract to a qualified trans16 feree, an agency head shall—

17 (A) allow for recovery of the current au18 thorized outfitter’s investment in the business;

19 and

20 (B) allow a purchase price based on the

21 value of the business as a going concern or on

22 any other basis of valuation agreed to by the

23 authorized outfitter and the proposed trans24 feree.
49

•S 1489 IS

1 (b) NO MODIFICATION AS CONDITION OF AP2 PROVAL.—An agency head may not condition approval of

3 a transfer of a standard outfitter contract on the accept4 ance by the proposed transferee of a modification of the

5 contract.

6 (c) CONSIDERATION PERIOD.—If an agency head

7 fails to approve or disapprove a transfer of a standard out8 fitter contract under subsection (a) within 90 days after

9 receipt of an application containing the information re10 quired with respect to the transfer, the transfer shall be

11 deemed to have been approved.

12 (d) CONTINUANCE OF CONTRACT.—If a transfer of

13 a standard outfitter contract is not approved by the agen14 cy head or if the transfer is not subsequently made, the

15 standard outfitter contract shall remain in effect.

16 SEC. 13. APPEALS.

17 (a) APPEALS AND ADMINISTRATIVE REVIEW.—

18 (1) IN GENERAL.—An authorized outfitter shall

19 be entitled to not less than 1 level of administrative

20 review within an agency to attempt to resolve any

21 dispute arising under an outfitter authorization.

22 (2) DEPARTMENT OF THE INTERIOR.—An ap23 peal or other administrative review of a decision of

24 an agency within the Department of the Interior ad25 judicating any disputes arising under this Act may
50

•S 1489 IS

1 be taken to the Board of Land Appeals of the De2 partment of the Interior under subtitle A of part 4

3 of title 43, Code of Federal Regulations (or any suc4 cessor regulation).

5 (3) FOREST SERVICE.—An appeal or other ad6 ministrative review of a decision of the Forest Serv7 ice adjudicating any disputes arising under this

8 Act—

9 (A) may be taken under section 251.80 of

10 title 36, Code of Federal Regulations (or any

11 successor regulation); and

12 (B) may be further pursued through an

13 independent de novo appeal before the Board of

14 Contract Appeals under subtitle A of part 24 of

15 title 7, Code of Federal Regulations (or any

16 successor regulation).

17 (b) EXPEDITED PROCEDURE.—Each agency head

18 shall by regulation establish an expedited procedure for

19 consideration of appeals of decisions to suspend, revoke,

20 or terminate a standard outfitter contract.

21 SEC. 14. INSTITUTIONAL RECREATION PROGRAMS.

22 (a) IN GENERAL.—An agency head shall manage the

23 occupancy and use of Federal land by institutional recre24 ation programs that conduct outfitted activities under this

25 Act, if appropriate, or as provided by other law.
51

•S 1489 IS

1 (b) REQUIREMENTS.—An institutional recreation

2 program shall—

3 (1) operate in a manner that is consistent with

4 resource management plans;

5 (2) provide for the health and welfare of mem6 bers or affiliated participants;

7 (3) ensure the protection of resources; and

8 (4) pay appropriate fees in amounts that are

9 not less than amounts that are sufficient to recover

10 the cost to the agency of regulating the provision of

11 outfitting services by the institutional recreation pro12 gram.

13 SEC. 15. CONSISTENCY WITH OTHER LAW AND RIGHTS.

14 (a) CONSISTENCY WITH OTHER LAW.—Each outfit15 ter program of an agency that administers Federal land

16 subject to this Act shall be consistent with the agency’s

17 mission and laws applicable to the agency.

18 (b) CONSISTENCY WITH RIGHTS OF UNITED

19 STATES.—Nothing in this Act limits or restricts any right,

20 title, or interest of the United States in or to any land

21 or resource.

22 SEC. 16. REGULATIONS.

23 (a) IN GENERAL.—Not later than 2 years after the

24 date of enactment of this Act, each agency head shall pro25 mulgate a regulation to implement this Act.
52

•S 1489 IS

1 (b) QUALIFICATIONS OF AGENCY PERSONNEL AS2 SIGNED OUTFITTER MANAGEMENT DUTIES.—An agency

3 head, by regulation under subsection (a) and taking into

4 account the provisions of this Act, shall specify the mini5 mum training and qualifications required for agency per6 sonnel assigned predominantly to management of commer7 cial outfitting activities, including competency in—

8 (1) business finance and management;

9 (2) public health and safety; and

10 (3) evaluation of the experiences of outfitted

11 visitors.

12 (c) CONSISTENCY OF REGULATIONS.—The regula13 tions promulgated by the agency heads under subsection

14 (a) shall be consistent among the various agencies, to the

15 extent practicable, so as to—

16 (1) increase efficiency;

17 (2) simplify requirements for persons author18 ized to use public resources;

19 (3) provide the public with dependable outfitter

20 operations;

21 (4) provide a fair return of revenue to the Fed22 eral Government; and

23 (5) ensure fair and reasonable management and

24 administration of outfitter operations conducted on

25 Federal land.
53

•S 1489 IS

1 (d) INTERIM ACTION.—Before publication of a final

2 regulation under subsection (a), an agency head may not

3 rely on any provision of this Act as cause for not awarding

4 an outfitter authorization under authority existing before

5 the date of enactment of this Act.

6 SEC. 17. RELATIONSHIP TO OTHER LAWS.

7 (a) UPPER DELAWARE SCENIC AND RECREATIONAL

8 RIVER.—Nothing in this Act amends, supersedes, or oth9 erwise affects any provision of subsections (b) through (j)

10 of section 704 of Public Law 95–625 (16 U.S.C. 1274

11 note).

12 (b) SUPERSEDED PROVISIONS.—The provisions of

13 this Act shall supersede the provisions of the following

14 Acts the provisions pertain to outfitter authorizations:

15 (1) The Act entitled ‘‘An Act to establish a Na16 tional Park Service, and for other purposes’’, ap17 proved August 25, 1916 (commonly known as the

18 ‘‘National Park Service Organic Act’’) (16 U.S.C. 1

19 et seq.).

20 (2) The Act entitled ‘‘An Act to facilitate the

21 administration of the national parks by the United

22 States Department of the Interior, and for other

23 purposes’’, approved May 26, 1930 (16 U.S.C. 17 et

24 seq.).
54

•S 1489 IS

1 (3) Public Law 89–249 (commonly known as

2 the ‘‘National Park System Concessions Policy Act’’)

3 (16 U.S.C. 20 et seq.).

4 (4) Public Law 91–383 (16 U.S.C. 1a–1 et

5 seq.).

6 (5) The Federal Water Project Recreation Act

7 (16 U.S.C. 460l–12 et seq.).

8 (6) The paragraphs under the heading ‘‘SUR9 VEYING THE PUBLIC LANDS.’’ under the heading

10 ‘‘UNDER THE DEPARTMENT OF THE INTE11 RIOR.’’ in the first section of the Act of June 4,

12 1897 (commonly known as the ‘‘Organic Administra13 tion Act of 1897’’) (30 Stat. 32, chapter 2; 16

14 U.S.C. 473–475, 477–482, 551).

15 (7) The last paragraph under the heading

16 ‘‘GENERAL EXPENSES, FOREST SERVICE’’ UNDER

17 THE HEADING ‘‘FOREST SERVICES.’’ in the first

18 section of the Act of March 4, 1915 (commonly

19 known as the ‘‘Occupancy Permits Act’’) (38 Stat.

20 1101; 16 U.S.C. 497).

21 (8) The Federal Land Policy and Management

22 Act of 1976 (43 U.S.C. 1701 et seq.).

23 (9) The National Trails System Act (16 U.S.C.

24 1241 et seq.).
55

•S 1489 IS

1 (10) The Act entitled ‘‘An Act relating to the

2 revested Oregon and California Railroad and recon3 veyed Coos Bay Wagon Road grant lands situated in

4 the state of Oregon’’, approved August 28, 1937

5 (commonly known as the ‘‘Oregon and California

6 Grant Lands Act of 1937’’) (43 U.S.C. 1181a et

7 seq.).

8 (11) Public Law 87–714 (commonly known as

9 the ‘‘Refuge Recreation Act’’) (16 U.S.C. 460k et

10 seq.).

11 (12) The National Wildlife Refuge System Ad12 ministration Act of 1966 (16 U.S.C. 668dd et seq.).

13 (13) The Land and Water Conservation Fund

14 Act of 1965 (16 U.S.C. 460l–4 et seq.).

15 (14) The Fish and Wildlife Coordination Act

16 (16 U.S.C. 661 et seq.).

17 (15) The Contract Disputes Act of 1978 (41

18 U.S.C. 601 et seq.).

19 SEC. 18. TRANSITION PROVISIONS.

20 (a) IN GENERAL.—

21 (1) OUTFITTERS WITH SATISFACTORY RAT22 INGS.—An outfitter that holds a special use permit

23 or a concessioner permit or contract (or extension of

24 such a permit or contract) in effect on the date of

25 enactment of this Act shall be entitled, on request,
56

•S 1489 IS

1 to the issuance of a standard outfitter contract

2 under this Act if a recent performance evaluation

3 determined that the outfitter’s aggregate perform4 ance under the permit or contract is satisfactory, ac5 ceptable, or the equivalent.

6 (2) OUTFITTERS WITH NO RATINGS.—For the

7 purpose of paragraph (1), if no recent performance

8 evaluation exists with respect to an outfitter, the

9 outfitter’s aggregate performance under the permit

10 or contract shall be deemed to be satisfactory.

11 (b) EFFECT OF ISSUANCE.—The issuance of a stand12 ard outfitter contract under subsection (a) shall not ad13 versely affect rights and obligations that exist under the

14 permit or contract (or an extension of the permit or con15 tract) on the date of enactment of this Act.

Æ