I
107TH CONGRESS
1ST SESSION
H. R. 2386
To establish terms and conditions for use of certain Federal lands by outfit-
ters and to facilitate public opportunities for the recreational use and
enjoyment of such lands.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. HANSEN (for himself, Mr. OTTER, Mr. YOUNG of Alaska, Mrs. CUBIN,
Mr. PICKERING, Mr. HAYES, Mr. SIMPSON, Mr. RADANOVICH, Mr. CAN-
NON, Mr. GIBBONS, Mr. PETERSON of Pennsylvania, Mr. REHBERG, and
Mr. DUNCAN) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To establish terms and conditions for use of certain Federal
lands by outfitters and to facilitate public opportunities
for the recreational use and enjoyment of such lands.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Outfitter Policy Act
of 2001’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The experience, skills, trained staff, and in-
vestment in equipment that are provided by author-
ized outfitters are necessary for members of the pub-
lic that need or desire commercial outfitted activities
to facilitate their use and enjoyment of recreational
or educational opportunities on Federal land.
(2) Such activities constitute an important con-
tribution toward meeting the recreational and edu-
cational objectives of resource management plans ap-
proved and administered by agencies of the Depart-
ment of Agriculture and the Department of the Inte-
rior.
(3) An effective relationship between those
agencies and authorized outfitters requires imple-
mentation of agency policies and programs that
facilitate—
(A)(i) quality outfitting services to the
public; and
(ii) the authorized outfitter having a rea-
sonable opportunity to engage in a successful
business venture;
(B) a return to the United States through
appropriate fees;
(C) renewal of outfitter permits based on
a performance evaluation system that rewards
outfitters that meet required performance
standards and withdraws authorizations for
outfitters that fail to meet those standards; and
(D) transfer of an outfitter permit to the
qualified purchaser of the operation of an au-
thorized outfitter, an heir or assign, or another
qualified person or entity.
(4) The provision of opportunities for outfitted
visitors to Federal land to engage in fishing and
hunting is best served by continued recognition that
the States retain primary authority over the taking
of fish and wildlife on Federal land.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To establish terms and conditions for occu-
pancy and use of Federal land by an authorized out-
fitter.
(2) To establish a stable regulatory climate that
encourages a qualified person or entity to provide,
and to continue to invest in the ability to conduct
outfitted activities on Federal land.
(3) To facilitate opportunities for recreational
use of public lands by that segment of the public
that needs or wants to use the services of outfitters
and guides.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) ACTUAL
USE.—The term ‘‘actual use’’
means the portion of a principal allocation of out-
fitter use that an authorized outfitter uses in con-
ducting commercial outfitted activities during a pe-
riod, for a type of use, in an area or based on some
other measurement.
(2) ALLOCATION OF USE.—
(A) IN GENERAL.—The term ‘‘allocation of
use’’ means a measurement of use that—
(i) is granted by the Secretary to an
authorized outfitter for the purpose of fa-
cilitating the occupancy and use of Federal
land by an outfitted visitor;
(ii) takes the form of—
(I) an amount or type of com-
mercial outfitted activity resulting
from an apportionment of the total
recreation capacity of a resource area;
or
(A) an outfitter permit;
(B) a temporary outfitter authorization; or
(C) an authorization to use and occupy
Federal land that references this Act as its au-
thority.
(11) OUTFITTER PERMIT.—The term ‘‘outfitter
permit’’ means an outfitter permit under section 6.
(12) PRINCIPAL
ALLOCATION
OF
OUTFITTER
USE.—The term ‘‘principal allocation of outfitter
use’’ means a grant by the Secretary in an outfitter
permit for an allocation of use to an authorized out-
fitter in accordance with section 9.
(13) RESOURCE
AREA.—The term ‘‘resource
area’’ means a management unit that is described by
or contained within the boundaries of—
(A) a national forest;
(B) an area of public land;
(C) a wildlife refuge;
(D) a congressionally designated area;
(E) a hunting zone or district; or
(F) any other Federal planning unit (in-
cluding an area in which outfitted activities are
regulated by more than one Federal agency).
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means—
(A) with respect to Federal land adminis-
tered by the Forest Service, the Secretary of
Agriculture, acting through the Chief of the
Forest Service or a designee;
(B) with respect to Federal land adminis-
tered by the Bureau of Land Management, the
Secretary of the Interior, acting through the
Director of the Bureau of Land Management or
a designee;
(C) with respect to Federal land adminis-
tered by the United States Fish and Wildlife
Service, the Secretary of the Interior, acting
through the Director of the United States Fish
and Wildlife Service or a designee; and
(D) with respect to Federal land adminis-
tered by the Bureau of Reclamation, the Sec-
retary of the Interior, acting through the Com-
missioner of Reclamation or a designee.
(15) TEMPORARY ALLOCATION OF USE.—The
term ‘‘temporary allocation of use’’ means an alloca-
tion of use to an authorized outfitter in accordance
with section 9.
(16) 
TEMPORARY
OUTFITTER
AUTHORIZA-
TION.—The term ‘‘temporary outfitter authoriza-
tion’’ means an outfitter authorization under section
6(f).
SEC. 5. NONOUTFITTER USE AND ENJOYMENT.
Nothing in this Act is intended to diminish any right
or privilege of occupancy and use of Federal land by the
public including the nonoutfitted visitor.
SEC. 6. OUTFITTER AUTHORIZATIONS.
(a) IN GENERAL.—
(1) PROHIBITION.—No person or entity, except
an authorized outfitter, shall conduct a commercial
outfitted activity on Federal land.
(2) CONDUCT
OF
OUTFITTED
ACTIVITY.—An
authorized outfitter shall not conduct an outfitted
activity on Federal land except in accordance with
an outfitter authorization.
(3) SPECIAL RULE FOR ALASKA.—With respect
to a commercial outfitted activity conducted in the
State of Alaska, the Secretary shall not establish or
impose a limitation on special access by an author-
ized outfitter that is inconsistent with the access en-
sured under subsections (a) and (b) of section 1110
of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3170).
(b) TERMS AND CONDITIONS.—An outfitter author-
ization shall specify—
(1) the rights and privileges of the authorized
outfitter and the Secretary; and
(2) other terms and conditions of the authoriza-
tion.
(c) CRITERIA FOR GRANT OF AN OUTFITTER PER-
MIT.—The Secretary shall establish criteria for grant of
an outfitter permit that—
(1) recognize skill, experience, knowledge of the
resource area, and financial capability of the persons
or entity under consideration;
(2) consider any or all of the following: safety,
quality recreational experience, educational opportu-
nities, and conservation of resources for the outfitted
visitor;
(3) offer a reasonable opportunity for an au-
thorized outfitter to engage in a successful business
venture;
(4) create a stable regulatory climate that en-
courages an authorized outfitter to provide and in-
vest in the ability to provide quality services to the
outfitted visitor; and
(5) assure revenue paid to the United States
provided this consideration is subordinate to the
other criteria of this subsection.
(d) GRANT.—
(1) IN GENERAL.—The Secretary may grant an
outfitter permit under this Act if—
(A) the commercial outfitted activity to be
authorized is not inconsistent with or incompat-
ible with an approved resource management
plan applicable to the resource area in which
the commercial outfitted activity is to be consid-
ered; and
(B) the authorized outfitter meets the cri-
teria established under subsection (c)(1).
(2) USE OF COMPETITIVE PROCESS.—
(A) IN
GENERAL.—Except as otherwise
provided by this Act, the Secretary shall use a
competitive process to select an authorized out-
fitter.
(B) EXCEPTION
FOR
CERTAIN
ACTIVI-
TIES.—The Secretary may grant an outfitter
permit to an applicant without conducting a
competitive selection process if the Secretary
determines that—
(i) the applicant meets criteria estab-
lished by the Secretary under subsection
(c); and
(ii) there is no competitive interest in
the commercial outfitted activity to be con-
ducted.
(C) EXCEPTION
FOR
RENEWALS
AND
TRANSFERS.—The Secretary shall grant an out-
fitter permit to an applicant without conducting
a competitive selection process if the authoriza-
tion is a renewal or transfer of an existing out-
fitter permit under section 11 or 12.
(e) PROVISIONS OF OUTFITTER PERMITS.—
(1) IN
GENERAL.—An outfitter permit shall
provide for—
(A) the health and welfare of the public;
(B) conservation of resource values;
(C) a return to the United States through
an authorization fee in accordance with section
7;
(D) a term of 10 years except as provided
in paragraph (3) below;
(E) the obligation of an authorized out-
fitter to defend and indemnify the United
States in accordance with section 8;
(F) a principal allocation of outfitter use,
and, if appropriate, a temporary allocation of
use, in accordance with section 9;
(G) a plan to conduct performance evalua-
tions in accordance with section 10;
(H) renewal or revocation of an outfitter
permit in accordance with section 11;
(I) transfer of an outfitter permit in ac-
cordance with section 12;
(J) a means of modifying the terms and
conditions of an outfitter permit to reflect ma-
terial changes in facts and conditions;
(K) notice of a right of appeal and judicial
review in accordance with section 14; and
(L) such other terms and conditions as the
Secretary may require.
(2) EXTENSIONS.—The Secretary may award
not more than three temporary one-year extensions
of an outfitter permit, unless the Secretary deter-
mines that extraordinary circumstances warrant ad-
ditional extensions.
(3) TENURE.—The Secretary shall generally
issue an outfitter authorization for 10 years, with an
initial probation period of two years for a new au-
thorized outfitter, except that he may, in extraor-
dinary circumstances, award an outfitter permit with
a term of less than 10 years when—
(2) FEE DETERMINATION.—In determining the
amount of an authorization fee, the Secretary shall
take into consideration—
(A) the obligations of the outfitter under
the outfitter permit;
(B) the provision of a reasonable oppor-
tunity to engage in a successful business; and
(C) the fair market value of the use and
occupancy granted by the outfitter authoriza-
tion.
(b) CONSISTENCY.—The Federal agencies shall use
consistent methodologies to determine the outfitter au-
thorization fee.
(c) PAYMENT
OF
OUTFITTER
AUTHORIZATION
FEE.—
(1) IN GENERAL.—The amount of the fee paid
to the United States for the term of an outfitter per-
mit shall be specified in that outfitter permit.
(2) REQUIREMENTS.—The amount of the au-
thorization fee—
(A)(i) shall be expressed as—
(I) a simple charge per day of actual
use; or
(II) an annual or seasonable flat fee;
(ii) if calculated as a percentage of rev-
enue, shall be determined based on adjusted
gross receipts; or
(iii) with respect to a commercial outfitted
activity conducted in the State of Alaska, shall
be based on a simple charge per user day;
(B) shall be subordinate to the objectives
of—
(i) conserving resources;
(ii) protecting the health and welfare
of the public; and
(iii) providing reliable, consistent per-
formance in conducting outfitted activities;
(C) shall be required to be paid by an au-
thorized outfitter to the United States on a rea-
sonable schedule during the operating season;
and
(D) shall set a minimum fee.
(3) ADJUSTED GROSS RECEIPTS.—For the pur-
pose of paragraph (2)(A)(ii), the Secretary shall—
(A) take into consideration revenue from
the gross receipts of the authorized outfitter
from commercial outfitted activities conducted
on Federal land; and
(B) exclude from consideration any rev-
enue that is derived from—
(i) fees paid by the authorized out-
fitter to any unit of Federal, State, or local
government for—
(I) hunting or fishing licenses;
(II) entrance or recreation fees;
or
(III) other purposes (other than
commercial outfitted activities con-
ducted on Federal land);
(ii) goods and services sold to out-
fitted visitors that are not within the scope
of authorized outfitter activities conducted
on Federal land; or
(iii) operations on non-Federal land.
(4) SUBSTANTIALLY
SIMILAR
SERVICES
IN
A
SPECIFIC GEOGRAPHIC AREA.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), if more than one outfitter
permit is granted to conduct the same or simi-
lar commercial outfitted activities in the same
resource area, the Secretary shall establish an
identical fee for those outfitter permits.
(B) EXCEPTION.—The terms and condi-
tions of an existing outfitter permit shall not be
subject to modification or open to renegotiation
by the Secretary because of the grant of a new
outfitter permit in the same resource area for
the same or similar commercial outfitted activi-
ties.
(5) ACTUAL USE.—
(A) IN GENERAL.—For the purpose of cal-
culating an authorization fee for actual use
under paragraph (2)(A)(i)(I)—
(i) multiple outfitted activities with
separate charges shall count as one actual
use day when conducted in one day; and
(ii) an activity conducted across agen-
cy jurisdictions over the course of one day
shall not exceed one actual use day.
(B) RECONSIDERATION OF FEE.—The au-
thorization fee may be reconsidered during the
term of the outfitter permit in accordance with
paragraph (6) or section 9(c)(3).
(6) ADJUSTMENT OF FEES.—The amount of an
authorization fee—
(A) shall be determined as of the grant
date of the outfitter permit; and
(B) may be modified to reflect—
(i) changes relating to the terms and
conditions of the outfitter permit, including
one or more outfitter permits described in
paragraph (5);
(ii) 
extraordinary 
unanticipated
changes affecting operating conditions,
such as natural disasters, economic condi-
tions, or other material adverse changes
from the terms and conditions specified in
the outfitter permit;
(iii) changes affecting operating or
economic conditions determined by other
governing entities, such as the availability
of State fish or game licenses;
(iv) the imposition of new or higher
fees assessed under other law; or
(v) authorized adjustments made to
an allocation of outfitter use.
(d) ESTABLISHMENT OF AMOUNT APPLICABLE TO A
TEMPORARY
OUTFITTER
AUTHORIZATION.—The Sec-
retary shall determine the amount of an authorization fee
under a temporary outfitter authorization.
(e) OTHER FEES AND COSTS.—Fees for processing
applications for outfitter permits or monitoring compli-
ance with permit terms and conditions shall not seek to
recover costs of agency activities that benefit broadly the
general public or are not directly related to or required
for processing of applications or monitoring of an author-
ization.
SEC. 8. LIABILITY AND INDEMNIFICATION.
(a) LIABILITY.—An authorized outfitter shall be lia-
ble to the United States for costs and expenses associated
with damage to property of the United States caused by
the authorized outfitter’s—
(1) negligence;
(2) gross negligence; or
(3) willful and wanton disregard for persons or
property, arising directly out of the authorized out-
fitter’s conduct of a commercial outfitted activity
under an outfitter authorization.
(b) INDEMNIFICATION.—An authorized outfitter shall
defend and indemnify the United States for costs or ex-
penses associated with injury, death, or damage to any
person or property caused by the authorized outfitter’s—
(1) negligence;
(2) gross negligence; or
(3) willful and wanton disregard for persons or
property, arising proximately from the authorized
outfitter’s conduct of a commercial outfitted activity
under an outfitter authorization.
(c) NO LIABILITY.—An authorized outfitter shall
have no responsibility to pay to or defend or indemnify
the United States, or its agents, employees, or contractors
for costs or expenses associated with injury, death, or
damage to any person or property to the extent the injury,
death, or damage was caused by the acts, omissions, neg-
ligence, gross negligence, or willful and wanton misconduct
of the United States, its agents, employees, or contractors;
or third parties.
(d) FINDING OF LIABILITY.—Before presenting any
claim for costs and expenses associated with damage to
any property allegedly caused by the authorized outfitter,
the Secretary, after providing due process, shall make a
finding of negligence, gross negligence, or willful and wan-
ton disregard for persons or property on the part of the
authorized outfitter and present the finding to the author-
ized outfitter.
(e) AGREEMENTS.—An authorized outfitter may
enter into agreements with outfitted visitors, including
for—
(1) assumption or allocation of risk; and
(2) release or waiver related to inherently dan-
gerous activities or conditions, if the agreement also
runs in favor of the United States and its agents,
employees, or contractors.
Copies of any such agreements shall be provided to the
Federal agency before being presented to outfitted visitors
by an authorized outfitter.
SEC. 9. ALLOCATION OF USE.
(a) IN GENERAL.—
(1) an outfitter permit shall include within its
terms and conditions a principal allocation of out-
fitter use; and
(2) a temporary outfitter permit may include a
principal allocation of outfitter use.
(b) RENEWALS, TRANSFERS, AND EXTENSIONS.—
Except as provided in subsection (d), upon renewal, trans-
fer, or extension of an outfitter permit, the same principal
allocation of use shall be included within the terms and
conditions of the permit.
(c) WAIVER.—
(1) IN GENERAL.—At the request of an author-
ized outfitter, the Secretary may waive any obliga-
tion of the authorized outfitter to use all or part of
the amount of allocation of use provided under the
outfitter permit, subject to section 7(b), if the re-
quest is made in sufficient time to allow the Sec-
retary to temporarily reallocate the unused portion
of the allocation of use in that season or calendar
year.
(2) RECLAIMING OF ALLOCATION OF USE.—Un-
less the Secretary has reallocated the unused portion
of an allocation of use in accordance with paragraph
(1), the authorized outfitter may reclaim any part of
the unused portion in that season or calendar year.
(3) NO FEE OBLIGATION.—Subject to section
7(b), an outfitter permit fee may not be charged for
any amount of allocation of use subject to a waiver
under paragraph (1).
(d) ADJUSTMENT TO ALLOCATION OF USE.—The
Secretary—
(1) may adjust an allocation of use to reflect—
(A) material change arising from approval
of an amendment in the resource management
plan for the area of operation; or
(B) requirements arising under other law;
and
(2) shall provide an authorized outfitter with
documentation supporting the basis for any adjust-
ment in the principal allocation of outfitter use, in-
cluding new terms and conditions that result from
the adjustment.
(e) TEMPORARY ALLOCATION OF USE.—
(1) IN GENERAL.—A temporary allocation of
use may be provided to an authorized outfitter at
the discretion of the Secretary for a period up to two
years.
(2) TRANSFERS
AND
EXTENSIONS.—A tem-
porary allocation of use may be transferred or ex-
tended at the discretion of the Secretary.
SEC. 10. EVALUATION OF PERFORMANCE UNDER OUT-
FITTER PERMITS.
(a) EVALUATION PROCESS.—
(1) IN GENERAL.—The Secretary shall develop
a process for annual evaluation of the performance
of an authorized outfitter in conducting a commer-
cial outfitted activity under an outfitter permit.
(2) EVALUATION CRITERIA.—Criteria used by
the Secretary to evaluate the performance of an au-
thorized outfitter shall—
(A) be objective, measurable, and attain-
able; and
(B) include, as deemed appropriate by the
Secretary—
(i) standards generally applicable to
all commercial outfitted activities;
(ii) standards specific to a resource
area or an individual outfitter operation;
and
(iii) such other terms and conditions
of the outfitter permit.
(3) REQUIREMENTS.—In evaluating the level of
performance of an authorized outfitter, the Sec-
retary shall—
(A) appropriately account for factors be-
yond the control of the authorized outfitter, in-
cluding 
conditions 
described 
in 
sections
7(b)(6)(B) and 9(c); and
(B) ensure that the effect of any perform-
ance deficiency reflected by the performance
rating is proportionate to the severity of the de-
ficiency, including any harm that may have re-
sulted from the deficiency.
(b) LEVELS OF PERFORMANCE.—The Secretary shall
define three levels of performance, as follows:
(1) Good, indicating a level of performance that
fulfills the terms and conditions of the outfitter per-
mit.
(2) Marginal, indicating a level of performance
that, if not corrected, will result in an unsatisfactory
level of performance.
(3) Unsatisfactory, indicating a level of per-
formance that fails to fulfill the terms and condi-
tions of the outfitter permit.
(c) PERFORMANCE EVALUATION.—
(1) EVALUATION SYSTEM.—The Secretary shall
establish a performance evaluation system that
assures the public of continued availability of de-
pendable commercial outfitted activities and sus-
pends or revokes an authorization for an authorized
outfitter that fails to meet the required standards.
(2) PROCEDURE.—An authorized outfitter shall
be entitled—
(A) to be present, or represented, at in-
spections of operations or facilities, which in-
spections shall be limited to the operations and
facilities of the authorized outfitter located on
Federal land;
(B) to receive written notice of any con-
duct or condition that, if not corrected, might
lead to a performance evaluation of marginal or
unsatisfactory, which shall include an expla-
nation of needed corrections and provide a rea-
sonable period in which the corrections may be
made without penalty; and
(C) to receive written notice of the results
of the performance evaluation not later than 90
days after the end of the authorized outfitter’s
operating season, including the level of perform-
ance and the status of corrections that may
have been required.
(d) MARGINAL PERFORMANCE.—If an authorized
outfitter’s annual performance is determined to be mar-
ginal, and the authorized outfitter fails to complete the
corrections within the time specified under subsection
(c)(2)(B), the level of performance shall be determined to
be unsatisfactory for the year.
(e) DETERMINATION
OF
ELIGIBILITY
FOR
RE-
NEWAL.—
(1) IN
GENERAL.—The results of all annual
performance evaluations of an authorized outfitter
shall be reviewed by the Secretary in the year pre-
ceding the year in which the outfitter permit expires
in order to determine whether the authorized outfit-
ter’s overall performance during the term has met
the requirements for renewal under section 11.
(2) FAILURE TO EVALUATE.—If, in any year of
the term of an outfitter permit, the Secretary fails
to evaluate the performance of the authorized out-
fitter by the date that is 90 days after the end of
the authorized outfitter’s operating season, the per-
formance of the authorized outfitter in that year
shall be considered to have been good.
(3) NOTICE.—Not later than 90 days after the
end of the year preceding the year in which an out-
fitter permit expires, the Secretary shall provide the
authorized outfitter with the cumulative results of
performance evaluations conducted under this sub-
section during the term of the outfitter permit.
(4) UNSATISFACTORY PERFORMANCE IN FINAL
YEAR.—If an authorized outfitter receives an unsat-
isfactory performance rating under subsection (d) in
the final year of the term of an outfitter permit, the
review and determination of eligibility for renewal of
the outfitter permit under paragraph (1) shall be re-
vised to reflect that result.
SEC. 11. RENEWAL REVOCATION OR SUSPENSION OF OUT-
FITTER PERMITS.
(a) RENEWAL AT EXPIRATION OF TERM.—
(1) IN GENERAL.—On expiration of the term of
an outfitter authorization, the Secretary shall renew
the authorization in accordance with paragraph (2).
(2) DETERMINATION BASED ON ANNUAL PER-
FORMANCE RATING.—The Secretary shall renew an
outfitter authorization under paragraph (1) at the
request of the authorized outfitter and subject to the
requirements of this Act if the Secretary determines
that the authorized outfitter has received not more
than one unsatisfactory annual performance rating
under section 10 during the term of the outfitter
permit.
(b) REVOCATION.—An outfitter permit may be re-
voked only if the Secretary determines that—
(1) the authorized outfitter has failed to correct
a condition for which the authorized outfitter re-
ceived notice under section 10(c)(2)(B) and the con-
dition is considered by the Secretary to be signifi-
cant with respect to permit terms and conditions;
(2) the authorized outfitter is in arrears in the
payment of fees under section 7 and—
(A) has not entered into a payment plan
with the agency; or
(B) has not sought relief under section 14;
and
(3) the authorized outfitter’s conduct dem-
onstrates willful disregard for—
(A) the health and welfare of outfitted visi-
tors; or
(B) the conservation of resources on which
the commercial outfitted activities are con-
ducted.
(c) SUSPENSION.—
(1) IN GENERAL.—All or part of the outfitter
permit may be suspended, subject to findings made
under subsection (b).
(2) ADMINISTRATIVE REVIEW.—Subject to sec-
tion 17, the Secretary shall provide for an expedited
review of suspension cases.
SEC. 12. TRANSFERABILITY OF OUTFITTER PERMITS.
(a) IN GENERAL.—An outfitter permit shall not be
transferred (including assigned or otherwise conveyed or
pledged) by the authorized outfitter without prior written
notification to, and approval by, the Secretary.
(b) APPROVAL.—
(1) IN GENERAL.—The Secretary shall approve
a transfer of an outfitter permit unless the Secretary
finds that the transferee is not qualified or able to
satisfy the terms and conditions of the outfitter per-
mit.
(2) QUALIFIED TRANSFEREES.—Subject to sec-
tion 6(d)(1), the Secretary shall approve a transfer
of an outfitter permit—
(A) to a purchaser of the operation of the
authorized outfitter;
(B) at the request of the authorized out-
fitter, to an assignee, partner, or stockholder or
other owner of an interest in the operation of
the authorized outfitter; or
(C) on the death of the authorized out-
fitter, to an heir or assign.
(c) TRANSFER TERMS.—The terms and conditions of
any outfitter permit shall not be subject to modification
or open to renegotiation by the Secretary because of a
transfer described in subsections (a) and (b) unless—
(1) it is at the request of the transferee; or
(2) the terms and conditions of the outfitter
permit proposed to be transferred have become in-
consistent or incompatible with an approved resource
management plan for the resource area.
(d) CONSIDERATION PERIOD.—
(1) THRESHOLD FOR AUTOMATIC APPROVAL.—
Subject to paragraph (2), if the Secretary fails to
approve or disapprove the transfer of an outfitter
permit within 90 days after receiving a complete ap-
plication containing the information required with
respect to the transfer, the transfer shall be deemed
approved unless the transferee requests a modifica-
tion of the terms and conditions of the outfitter au-
thorization and such modification requires environ-
mental analysis under the National Environmental
Policy Act of 1969.
(2) EXTENSION.—The Secretary and the au-
thorized outfitter applying for transfer of an out-
fitter permit may agree to extend the period for con-
sideration of the application.
(e) CONTINUANCE OF OUTFITTER PERMIT.—If the
transfer of an outfitter permit is not approved by the Sec-
retary or if the transfer is not subsequently made, the out-
fitter permit shall remain in effect.
SEC. 13. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—An authorized outfitter shall keep
such reasonable records as the Secretary may require to
enable the Secretary to determine that all the terms of
the outfitter authorization are being met.
(b) OBLIGATIONS OF THE SECRETARY AND AUTHOR-
IZED OUTFITTER.—The recordkeeping requirements es-
tablished by the Secretary shall incorporate simplified pro-
cedures that do not impose an undue burden on an author-
ized outfitter.
(c) ACCESS TO RECORDS.—The Secretary, or an au-
thorized representative of the Secretary, shall for purposes
of audit and performance evaluation have access to and
the right to examine for five years following the effective
date of an outfitter authorization any books, papers, docu-
ments, and records of the authorized outfitter relating to
each outfitter authorization held by the authorized out-
fitter during the business year.
SEC. 14. APPEALS AND JUDICIAL REVIEW.
(a) APPEALS PROCEDURE.—The Secretary shall by
regulation—
(1) grant an authorized outfitter full access to
administrative remedies; and
(2) establish an expedited procedure for consid-
eration of appeals of Federal agency decisions to
deny, suspend, fail to renew, or revoke an outfitter
permit or change a principal allocation of outfitter
use.
(b) JUDICIAL REVIEW.—An authorized outfitter that
is adversely affected by a final decision of the Secretary
under this Act may commence a civil action in a United
States district court.
SEC. 15. LACK OF EFFECT ON EXISTING RIGHTS OF THE
UNITED STATES.
Nothing in this Act limits or restricts any right, title,
or interest of the United States in or to any land or re-
source.
SEC. 16. REGULATIONS.
Not later than two years after the date of enactment
of this Act, the Secretary shall promulgate such regula-
tions as are appropriate to carry out this Act.
SEC. 17. RELATIONSHIP TO OTHER LAW.
(a) NATIONAL PARK OMNIBUS MANAGEMENT ACT
OF 1998.—Nothing in this Act supersedes or otherwise
affects any provision of title IV of the National Park Om-
nibus Management Act of 1998 (16 U.S.C. 5951 et seq.).
(b) STATE OUTFITTER LICENSING LAW.—This Act
does not preempt any outfitter or guide licensing law (in-
cluding any regulation) of any State or territory.
SEC. 18. TRANSITION PROVISIONS.
(a) OUTFITTERS WITH SATISFACTORY RATING.—An
outfitter that holds a permit, contract, or other authoriza-
tion to conduct commercial outfitted activities (or an ex-
tension of such permit, contract, or other authorization)
in effect on the date of promulgation of implementing reg-
ulations under section 16 shall be entitled, on expiration
of the authorization, to the issuance of an outfitter permit
under this Act if the outfitter’s aggregate performance
under the permit, contract, or other authorization was
good or was the equivalent of good, satisfactory, or accept-
able under a rating system in use before the date of enact-
ment of this Act.
(b) OUTFITTERS WITH NO RATINGS.—For the pur-
pose of subsection (a), if no recent performance evalua-
tions exist to determine the outfitter’s aggregate perform-
ance, its aggregate performance shall be deemed to be
good.
(c) EFFECT OF ISSUANCE OF OUTFITTER PERMIT.—
The issuance of an outfitter permit under subsection (a)
shall not adversely affect any right or obligation that ex-
isted under the permit, contract, or other authorization
(or an extension of the permit, contract, or other author-
ization) on the date of enactment of this Act.
Æ