(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.
Union Calendar No. 472
107TH CONGRESS 
2D SESSION 
H. R. 2386
[Report No. 107–752, Part I] 
A BILL 
To establish terms and conditions for use of certain 
Federal lands by outfitters and to facilitate pub-
lic opportunities for the recreational use and en-
joyment of such lands. 
OCTOBER 15, 2002
Reported from the Committee on Resources 
OCTOBER 15, 2002
Referral to the Committee on Agriculture extended for a 
period ending not later than October 15, 2002
OCTOBER 15, 2002
Committee on Agriculture discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed