IB 
Union Calendar No. 472
107TH CONGRESS 
2D SESSION 
H. R. 2386
[Report No. 107–752, Part I] 
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 
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 
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 fa-
cilitate—
(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 
(II) in the case of a resource 
area for which recreation capacity has 
not been apportioned, a type of com-
mercial outfitted activity conducted in 
a manner that is not inconsistent with 
or incompatible with an approved re-
source management plan; and 
(iii) is calibrated in terms of amount 
of use, type of use, or location of a com-
mercial outfitted activity, including user 
days or portions of user days, seasons or 
other periods of operation, launch dates, 
assigned camps, hunt, gun, or fish days or 
other formulations of the type or amount 
of authorized activity. 
(B) INCLUSION.—The term ‘‘allocation of 
use’’ includes the designation of a geographic
area, zone, or district in which a limited num-
ber of authorized outfitters are authorized to 
operate. 
(3) AUTHORIZED OUTFITTER.—The term ‘‘au-
thorized outfitter’’ means a person or entity that
conducts a commercial outfitted activity on Federal 
land under an outfitter authorization. 
(4) COMMERCIAL
OUTFITTED
ACTIVITY.—The 
term ‘‘commercial outfitted activity’’ means an au-
thorized outfitted activity conducted on Federal 
lands—
(A) that is available to the public;
(B) that is conducted under the direction 
of compensated individuals; and 
(C) for which an outfitted visitor is re-
quired to pay more than a strict sharing of ac-
tual expenses (including payment to an author-
ized outfitter that is a nonprofit organization). 
(5) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means—
(A) the Forest Service; 
(B) the Bureau of Land Management; 
(C) the United States Fish and Wildlife 
Service; and 
(D) the Bureau of Reclamation.
(6) FEDERAL LAND.—
(A) IN
GENERAL.—The term ‘‘Federal 
land’’ means all land and interests in land ad-
ministered by a Federal agency. 
(B) 
EXCLUSION.—The 
term 
‘‘Federal 
land’’ does not include—
(i) land held in trust by the United 
States for the benefit of an Indian tribe or 
individual; or 
(ii) land held by an Indian tribe or in-
dividual subject to a restriction by the 
United States against alienation. 
(7) OUTFITTED
ACTIVITY.—The term ‘‘out-
fitted activity’’ means an activity—
(A) such as outfitting, guiding, super-
vision, education, interpretation, skills training, 
assistance, or livery operation conducted for a 
member of the public in an outdoor environ-
ment; and 
(B) that uses the recreational, natural, his-
torical, or cultural resources of Federal land. 
(8) OUTFITTED VISITOR.—The term ‘‘outfitted 
visitor’’ means a member of the public that engages 
an authorized outfitter to facilitate occupancy and 
use of Federal land.
(9) OUTFITTER.—The term ‘‘outfitter’’ means 
a person or entity that conducts a commercial out-
fitted activity, including a person who, by local cus-
tom or tradition, is known as a guide. 
(10) OUTFITTER
AUTHORIZATION.—The term 
‘‘outfitter authorization’’ means—
(A) an outfitter permit; 
(B) a temporary outfitter authorization; or 
(C) an authorization to use and occupy 
Federal land that references this Act as its 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.
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—
(A) foreseeable amendments in resource 
management plans will create conditions that 
would 
materially 
impact 
and 
necessitate 
changes in permit terms and conditions in less 
than 10 years; and 
(B) an authorized outfitter and the Sec-
retary agree to a permit term of less than 10 
years. 
(f) TEMPORARY OUTFITTER AUTHORIZATIONS.—
(1) IN GENERAL.—The Secretary may issue a 
temporary outfitter authorization for the purpose of 
conducting a commercial outfitted activity on a lim-
ited basis. 
(2) TERM.—A temporary outfitter authorization 
shall have a term not to exceed two years. 
(3) RENEWAL.—A temporary outfitter author-
ization may be reissued or renewed at the discretion 
of the Secretary.
SEC. 7. AUTHORIZATION FEES. 
(a) AMOUNT OF FEE.—
(1) IN
GENERAL.—An outfitter permit shall 
provide for payment to the United States of an au-
thorization fee, as determined by the Secretary.
(2) FEE DETERMINATION.—In determining the 
amount of an authorization fee, the Secretary shall 
take into consideration—
(A) the obligations of the outfitter under 
the outfitter permit;
(B) the provision of a reasonable 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).