To establish terms and conditions for use of certain Federal land by outfitters and to facilitate public opportunities for the recreational use and enjoyment of such land.

July 16, 2003

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

To establish terms and conditions for use of certain Federal land by outfitters and to facilitate public opportunities for the recreational use and enjoyment of such land.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Outfitter Policy Act of 2003'.

SEC. 2. PURPOSE.

The purpose of this Act is to authorize the Secretary of Agriculture and the Secretary of the Interior to facilitate the use and enjoyment of recreational and educational opportunities on Federal land by establishing a program for the permitting of providers of outfitted activities that--

(1) recognizes that outfitted activities constitute an important component of meeting the recreational and educational objectives of resource and land management;

(2) is based on developing an effective relationship between the Federal agency and the outfitters that facilitates an administrative framework and regulatory environment that makes it possible for outfitters to engage in, and invest in, a successful business venture that provides for recreational use of Federal land by the segment of the public that needs or wants the services of outfitters and guides; and

(3) ensures that the United States receives fair value for use of Federal land.

SEC. 3. DEFINITIONS.

In this Act:

(1) ALLOCATION OF USE-

(A) IN GENERAL- The term `allocation of use' means a method or measurement of use that--

(i) is granted by the Secretary to an authorized outfitter for the purpose of facilitating the occupancy and use of Federal land by an outfitted visitor;

(ii) takes the form of--

(I) an amount or type of commercial 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 commercial outfitted activity conducted in a manner that is not inconsistent with or incompatible with an approved resource management plan; and

(iii) is calibrated in terms of amount of use, type of use, or location of a commercial 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 number of authorized outfitters are authorized to operate.

(2) AUTHORIZED OUTFITTER- The term `authorized outfitter' means a person or entity that conducts a commercial outfitted activity on Federal land under an outfitter authorization.

(3) COMMERCIAL OUTFITTED ACTIVITY- The term `commercial outfitted activity' means an activity--

(A) conducted for a member of the public in an outdoor environment on Federal land, such as--

(i) outfitting;

(ii) guiding;

(iii) supervision;

(iv) education;

(v) interpretation;

(vi) skills training;

(vii) assistance; or

(viii) the dropping off or picking up of visitors, supplies, or equipment;

(B) conducted under the direction of compensated individuals; and

(C) for which an outfitted visitor is required to pay more than shared expenses (including payment to an authorized outfitter that is a nonprofit organization).

(4) 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; or

(D) the Bureau of Reclamation.

(5) FEDERAL LAND-

(A) IN GENERAL- The term `Federal land' means all land and interests in land administered 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 individual subject to a restriction by the United States against alienation.

(6) OUTFITTER AUTHORIZATION- The term `outfitter authorization' means--

(A) an outfitter permit;

(B) a temporary outfitter authorization; or

(C) any other authorization to use and occupy Federal land under this Act.

(7) 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 (including an area in which outfitted activities are regulated by more than 1 Federal agency).

(8) SECRETARY- The term `Secretary' means--

(A) with respect to Federal land administered by the Forest Service, the Secretary of Agriculture; and

(B) with respect to Federal land administered by the Bureau of Land Management, the United States Fish and Wildlife Service, or the Bureau of Reclamation, the Secretary of the Interior.

SEC. 4. 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) 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 access by an authorized outfitter that is inconsistent with the access ensured 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 authorization shall specify--

(1) the rights and privileges of the authorized outfitter and the Secretary; and

(2) other terms and conditions of the authorization.

(c) CRITERIA FOR ISSUING AN OUTFITTER PERMIT- The Secretary shall establish criteria for the issuance of an outfitter permit that--

(1) recognize skilled, experienced, and financially capable persons or entities with knowledge of the resource area;

(2) consider the safety of, and the quality recreational experience, educational opportunities, and resources available to, the outfitted visitor; and

(3) recognize and provide a range of public services.

(d) ISSUANCE OF OUTFITTER PERMIT-

(1) IN GENERAL- The Secretary may issue an outfitter permit under this Act if--

(A) the commercial outfitted activity to be authorized is not inconsistent with an approved resource management plan applicable to the resource area in which the commercial outfitted activity is to be conducted; and

(B) the authorized outfitter meets the criteria established under subsection (c).

(2) USE OF COMPETITIVE PROCESS- Except as otherwise provided by this Act, the Secretary shall use a competitive process to select an authorized outfitter if the Secretary determines that there is a competitive interest in the commercial outfitted activity to be conducted.

(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 resources;

(C) a return to the United States through the fees authorized under section 5;

(D)(i) a term of 10 years; or

(ii) a term of less than 10 years if--

(I) foreseeable amendments in resource management plans would create conditions that, less than 10 years after the date of issuance of the permit, would materially affect, and necessitate changes in the terms and conditions of, a permit; and

(II) the Secretary and the authorized outfitter agree to the reduced permit term;

(E) a probationary period of 2 years if the authorized outfitter is a new authorized outfitter;

(F) the obligation of an authorized outfitter to defend and indemnify the United States under section 6;

(G) a base allocation of outfitter use, and, if appropriate, a temporary allocation of use;

(H) a plan to conduct performance evaluations under section 8;

(I) a means to modify, on the initiative of the Federal agency or on the request of the authorized outfitter, an outfitter permit to reflect material changes in terms and conditions specified in the outfitter permit;

(J) notice of a right of appeal and judicial review; and

(K) such other terms and conditions as the Secretary may require.

(2) EXTENSIONS- The Secretary may issue not more than 3 1-year extensions of an outfitter permit, unless the Secretary determines that extraordinary circumstances warrant additional extensions.

(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 limited basis.

(2) TERM- A temporary outfitter authorization shall have a term of not more than 2 years.

(3) REISSUANCE OR RENEWAL- A temporary outfitter authorization may be reissued or renewed at the discretion of the Secretary.

SEC. 5. FEES.

(a) AMOUNT OF FEE-

(1) IN GENERAL- In determining the amount of a fee, the Secretary shall--

(A) use consistent methodologies; and

(B) take into consideration--

(i) the financial obligations of the outfitter under the outfitter permit;

(ii) the provision of a reasonable opportunity to engage in a successful business;

(iii) the fair value of the use and occupancy granted by the outfitter authorization; and

(iv) other fees charged to the general public, such as entrance fees.

(2) REQUIREMENTS- The amount of the fee--

(A)(i) shall be expressed as--

(I) a simple charge per day of actual use; or

(II) an annual or seasonable flat fee; or

(ii) if calculated as a percentage of revenue--

(I) shall be determined based on adjusted gross receipts; and

(II) shall include a minimum fee;

(B) shall be subordinate to the objectives of--

(i) conserving resources;

(ii) protecting the health and welfare of the public;

(iii) providing reliable and consistent performance in conducting outfitted activities; and

(iv) providing quality service to the public; and

(C) shall be required to be paid on a reasonable schedule during the operating season.

(3) ACTUAL USE- For the purpose of calculating a fee based on actual use, the Secretary shall--

(A) consider multiple outfitted activities conducted in 1 day with separate charges as 1 actual use day; and

(B) consider an activity conducted across agency jurisdictions over the course of 1 day as 1 actual use day.

(4) ADJUSTED GROSS RECEIPTS- For the purpose 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 revenue that is derived from--

(i) fees paid by the authorized outfitter 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 conducted on Federal land);

(ii) a sale of assets used in the operations of the authorized outfitter; or

(iii) activities conducted on non-Federal land.

(5) FEES FOR SUBSTANTIALLY SIMILAR SERVICES IN A SPECIFIC GEOGRAPHIC AREA-

(A) IN GENERAL- Except as provided in subparagraph (B), if more than 1 outfitter permit is issued to conduct the same or similar commercial outfitted activities in the same resource area, the Secretary shall establish an identical fee for all such outfitter permits.

(B) EXCEPTION- The terms and conditions of an existing outfitter permit shall not be subject to modification or open to renegotiation by the Secretary because of the issuance of a new outfitter permit in the same resource area.

(6) ADJUSTMENT OF FEES- The amount of a fee--

(A) shall be determined and made effective as of the date of the outfitter permit; and

(B) may be modified to reflect--

(i) changes in outfitted activities relating to fees based on actual use;

(ii) extraordinary unanticipated changes affecting operating conditions, such as natural disasters, economic conditions, 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 increased fees assessed under other law; or

(v) authorized adjustments made to an allocation of use.

(b) OTHER FEES AND COSTS-

(1) IN GENERAL- In establishing fees other than the fees authorized under this Act that may directly or indirectly affect authorized outfitters, the Secretary shall--

(A) ensure that the fees do not materially and adversely affect--

(i) the ability of authorized outfitters to provide quality services at reasonable rates; and

(ii) the opportunity of authorized outfitters to engage in a successful business venture; and

(B)(i) consider the cumulative impact of fees levied under this Act, any cost recovery requirements, and State and local taxes and fees on authorized outfitters; and

(ii) adjust the fees as appropriate; and

(C) to the extent practicable, consolidate the fees into 1 predictable fee.

(2) PROCESSING FEES AND COSTS- Fees for processing applications for outfitter permits or monitoring compliance with permits terms and conditions shall not seek to recover costs of agency activities that benefit broadly the general public, relate directly to agency statutory duties, or are not directly related to or required for processing of applications or monitoring of an authorization.

(3) NOTICE- A change in the manner in which a fee charged under paragraph (1) or (2) is determined shall be valid only if--

(A) the Secretary provides written notice to authorized outfitters affected by the change; or

(B) the authorized outfitter agrees to the change.

SEC. 6. LIABILITY AND INDEMNIFICATION.

(a) GENERAL- An authorized outfitter shall pay the United States for all injury, loss, damage, and costs arising from negligence, gross negligence, or willful and wanton disregard for persons or property associated with the authorized outfitter's conduct of a commercial outfitted activity under an outfitter authorization.

(b) INDEMNIFICATION- An authorized outfitter shall defend and indemnify the United States for all injury, loss, damage, and costs the United States may incur as a result of judgments, claims, or losses arising from negligence, gross negligence, or willful and wanton disregard for persons or property associated with the authorized outfitter's conduct of a commercial outfitted activity under an outfitter authorization.

(c) ENVIRONMENTAL AND OTHER LIABILITY- Subsections (a) and (b) shall not be interpreted to limit any liability for, or prevent the United States from taking any action to address, injury, loss, damages, or costs associated with environmental contamination, injury to natural resources, or other cause of action that arises under other law, including the Resource Conservation Recovery Act (7 U.S.C. 1010, et seq.), the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. 19 9601, et seq.), and Clean Water Act (33 U.S.C. 1251, et seq.), in connection with the authorized outfitter's use and occupancy of Federal lands, or to diminish any independent obligation of the authorized outfitter to indemnify the United States with respect to the same.

(d) EXCEPTION- An authorized outfitter shall have no obligation to pay, defend, or indemnify the United States under subsections (a) and (b) for any injury, loss, damage, or costs for which the United States is solely responsible.

(e) FINDING OF COGNIZABLE CLAIM-

(1) ACTIONS REQUIRED BEFORE PRESENTING CLAIM- Before presenting any claim to an authorized outfitter for injury, loss, damage, or costs incurred by the United States pursuant to subsection (a) or (b), the Secretary shall--

(A) submit to the authorized outfitter a preliminary finding that the claim is cognizable; and

(B) provide the authorized outfitter with an opportunity to comment before submitting the final finding to the authorized outfitter.

(2) ADMINISTRATIVE CLAIMS- Nothing in this section is intended to preclude the United States from pursuing its claims administratively, without first obtaining a judicial determination of liability.

(f) ASSUMPTION OF RISK AND WAIVERS OF LIABILITY-

(1) GENERAL REQUIREMENTS- An authorized outfitter may enter into agreements with outfitted visitors for assumption of risk and waiver of liability for negligence in connection with inherently dangerous outfitted activities, if--

(A) the waiver of liability also runs in favor of the United States and its agents, employees, or contractors;

(B) the waiver of liability adequately covers the risks of loss to the United States associated with the authorized outfitter's activities on Federal lands;

(C) the waiver of liability does not abrogate, limit, or in any manner affect the authorized outfitter's obligation to indemnify the United States under this section; and

(D) the waiver of liability does not affect the ability of the United States to recover as an additional insured under any insurance policy obtained by an authorized outfitter in connection with a commercial outfitted activity.

(2) PRIOR WRITTEN APPROVAL REQUIRED- No waiver of liability may be used by an authorized outfitter without prior written approval of the Federal agency. The Federal agency has the discretion to deny requests for the use of waivers of liability for any reason if deemed not in the best interests of the United States.

(3) STANDARDIZATION- Waivers of liability used by authorized outfitters and insurance policies obtained by authorized outfitters in connection with a commercial outfitted activity shall be standardized to the greatest extent possible. Authorized outfitters, the insurance industry, and the Federal agencies shall work together to achieve this goal.

SEC. 7. ALLOCATIONS OF USE.

(a) IN GENERAL- In a manner that is not inconsistent with or incompatible with an approved resource management plan applicable to the resource area in which a commercial outfitted activity occurs, the Secretary--

(1) shall provide a base allocation of outfitter use to an authorized outfitter under an outfitter permit; and

(2) may provide a base allocation of use to an authorized outfitter under a temporary outfitter permit.

(b) WAIVER OF ALLOCATION-

(1) IN GENERAL- At the request of an authorized outfitter, the Secretary may waive any obligation of the authorized outfitter to use all or part of the amount of allocation of use provided under the outfitter permit, if the request is made in sufficient time to allow the Secretary to temporarily reallocate the unused portion of the allocation of use in that season or calendar year.

(2) RECLAIMING OF ALLOCATION OF USE- Unless 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- An outfitter permit fee may not be charged for any amount of allocation of use subject to a waiver under paragraph (1).

(c) ADJUSTMENT TO ALLOCATION OF USE- The Secretary--

(1) may adjust a base allocation of use to reflect--

(A) a material change arising from approval of an amendment or revision 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 adjustment in the base allocation of outfitter use, including new terms and conditions that result from the adjustment.

(d) RENEWALS, TRANSFERS, AND EXTENSIONS- Except as provided in subsection (c), on renewal, transfer, or extension of an outfitter permit, the same base allocation of use shall be included in the terms and conditions of the outfitter permit.

(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 not to exceed 2 years beyond the base allocation.

(2) TRANSFERS AND EXTENSIONS- A temporary allocation of use may be transferred or extended at the discretion of the Secretary.

SEC. 8. EVALUATION OF PERFORMANCE.

(a) EVALUATION SYSTEM- The Secretary shall develop a performance evaluation system that--

(1) ensures the continued availability of safe and dependable commercial outfitted activities for the public; and

(2) provides for the suspension or revocation of any outfitter permit if an outfitter fails to meet the required standards.

(b) EVALUATION CRITERIA- Criteria used by the Secretary to evaluate the performance of an authorized outfitter shall--

(1) be objective, measurable, and attainable; and

(2) include, as determined to be appropriate by the Secretary--

(A) standards generally applicable to all commercial outfitted activities; and

(B) standards specific to a resource area or an individual outfitter operation.

(c) REQUIREMENTS- In evaluating the level of performance of an authorized outfitter, the Secretary shall--

(1) appropriately account for factors beyond the control of the authorized outfitter;

(2) ensure that the effect of any performance deficiency reflected by the performance rating is proportionate to the severity of the deficiency, including any harm that may have resulted from the deficiency;

(3) schedule evaluations to ensure the authorized outfitter is present, or represented, at inspections of operations or facilities and inspections, which inspections shall be limited to the operations and facilities of the authorized outfitter located on Federal land; and

(4) provide written notice of any conduct or condition that, if not corrected, might lead to a performance evaluation of marginal or unsatisfactory, which notice shall include an explanation of needed corrections and provide a reasonable period in which the corrections may be made without penalty.

(d) LEVELS OF PERFORMANCE- The Secretary shall define 3 levels of performance, as follows:

(1) Good, indicating a level of performance that fulfills the terms and conditions of the outfitter permit.

(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 performance that fails to fulfill the terms and conditions of the outfitter permit.

(e) MARGINAL PERFORMANCE- If an authorized outfitter's annual performance is determined to be marginal--

(1) the level of performance shall be changed to a `good' performance for the year if the authorized outfitter completes the corrections within the time specified; or

(2) the level of performance shall be determined to be unsatisfactory for the year if the authorized outfitter fails to complete the corrections within the time specified.

(f) DETERMINATION OF ELIGIBILITY FOR RENEWAL-

(1) IN GENERAL- The results of all annual performance evaluations of an authorized outfitter shall be reviewed by the Secretary in the year preceding the year in which the outfitter permit expires to determine whether the authorized outfitter's overall performance during the term has met the requirements for renewal under section 9.

(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 outfitter by the date that is 90 days after the conclusion of the authorized outfitter's operating season, the performance 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 outfitter permit expires, the Secretary shall provide the authorized outfitter with the cumulative results of performance evaluations conducted under this subsection during the term of the outfitter permit.

(4) UNSATISFACTORY PERFORMANCE IN FINAL YEAR- If an authorized outfitter receives an unsatisfactory 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 revised to reflect that result.

SEC. 9. RENEWAL, REVOCATION, OR SUSPENSION OF OUTFITTER 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) CRITERIA FOR DETERMINATION- The Secretary shall renew an outfitter authorization under paragraph (1) at the end of the term of an outfitter authorization and subject to the requirements of this Act if the Secretary determines that the authorized outfitter has received not more than 1 unsatisfactory annual performance rating under section 8 during the term of the outfitter permit.

(3) TEMPORARY OUTFITTER AUTHORIZATION- If the Secretary determines that the authorized outfitter has received an unsatisfactory annual performance rating in the last year of the 10-year term of the outfitter permit--

(A) the Secretary may issue to the authorized outfitter a temporary outfitter permit; and

(B) if during the 2-year period of the temporary outfitter permit issued under subparagraph (A), the authorized outfitter receives a good performance rating, the Secretary shall renew the outfitter permit for an 8-year term.

(b) SUSPENSION OR REVOCATION- An outfitter permit may be suspended or revoked if the Secretary determines that--

(1)(A) the authorized outfitter has failed to correct a condition for which the authorized outfitter received notice under section 8(c)(4); and

(B) the condition is considered by the Secretary to be significant with respect to the terms and conditions of the outfitter permit;

(2) the authorized outfitter--

(A) is in arrears in the payment of fees under section 5; and--

(B)(i) has not entered into a payment plan with the Federal agency; or

(ii) has not brought a civil action or brought an administrative claim under section 12; and

(3) the authorized outfitter's conduct demonstrates willful disregard for--

(A) the health and welfare of outfitted visitors or other visitors; or

(B) the conservation of resources on which the commercial outfitted activities are conducted.

SEC. 10. 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 determines that the transferee is--

(A) not qualified; or

(B) unable to satisfy the terms and conditions of the outfitter permit.

(2) QUALIFIED TRANSFEREES- Subject to section 4(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 outfitter, 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 outfitter, 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 subsection (a) unless--

(1) the modification is agreed to by, or at the request of, the transferee;

(2) the terms and conditions of the outfitter permit that is proposed to be transferred have become inconsistent or incompatible with an approved resource management plan for the resource area; or

(3) the transferee proposes activities outside the scope of the existing authorization.

(d) CONSIDERATION PERIOD-

(1) TIMEFRAME FOR REVIEW- Subject to paragraph (2), if the Secretary fails to act on the transfer of an outfitter permit within 180 days after the date of receipt of an application containing the information required with respect to the transfer, the transfer shall be deemed to have been approved.

(2) EXTENSION- The Secretary may extend the period for consideration of an application under paragraph (1) if--

(A) the Secretary and the authorized outfitter applying for transfer of an outfitter permit agree to extend the period; or

(B)(i) the transferee requests a modification of the terms and conditions of the outfitter permit; and

(ii) the modification requires environmental analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(e) CONTINUANCE OF OUTFITTER PERMIT- If the transfer of an outfitter permit is not approved by the Secretary or if the transfer is not subsequently made, the outfitter permit shall remain in effect.

SEC. 11. 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 permit are being met.

(b) OBLIGATIONS OF THE SECRETARY AND AUTHORIZED OUTFITTER- The recordkeeping requirements established by the Secretary shall incorporate simplified procedures that do not impose an undue burden on an authorized outfitter.

(c) ACCESS TO RECORDS- The Secretary, or an authorized representative of the Secretary, shall for audit and performance evaluation purposes have access to and the right to examine for the 5-year period beginning on the termination date of an outfitter permit any records of the authorized outfitter relating to each outfitter authorization held by the authorized outfitter during the business year.

SEC. 12. 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 consideration of appeals of Federal agency decisions to--

(A) deny, suspend, fail to renew, or revoke an outfitter permit; or

(B) 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 United States district court.

SEC. 13. COLLECTION AND USE OF FUNDS.

Except as provided in section 7 of the Act of April 24, 1950 (commonly known as the `Granger-Thye Act') (16 U.S.C. 580d), funds deposited under this Act shall be available to the Secretary without further appropriation and shall remain available for--

(1) administration of the outfitter permit;

(2) interpretive programs;

(3) trail maintenance; or

(4) any other activity to carry out this Act.

SEC. 14. REGULATIONS.

Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall promulgate regulations for permitting commercial outfitted activities on Federal land.

SEC. 15. 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 Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.).

(b) ANILCA- Nothing in this Act modifies, amends, or otherwise affects section 1307 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197).

(c) STATE OUTFITTER LICENSING LAW- This Act does not preempt any outfitter or guide licensing law (including any regulation) of any State or territory.

SEC. 16. TRANSITION PROVISIONS.

(a) OUTFITTERS WITH SATISFACTORY RATING- An outfitter that holds a permit, contract, or other authorization to conduct commercial outfitted activities (or an extension of such a permit, contract, or other authorization) in effect on the date of enactment of this Act shall be entitled, on expiration of the authorization, to the issuance of a new outfitter permit under this Act if the performance of the outfitter under the permit, contract, or other authorization was determined to be good or was the equivalent of good, satisfactory, or acceptable under a rating system in use before the date of enactment of this Act.

(b) OUTFITTERS WITH NO RATINGS- For the purpose of subsection (a), if no recent performance evaluations exist to determine the outfitter's performance, the 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 existed under the permit, contract, or other authorization (or an extension of the permit, contract, or other authorization) on the date of enactment of this Act.

SEC. 17. EFFECT.

(a) IN GENERAL- Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource or establishes a property right in favor of the authorized outfitter.

(b) EFFECT ON NON-OUTFITTED RECREATIONAL OR ACADEMIC USE- Nothing in this Act--

(1) establishes any preference for outfitted or non-outfitted use;

(2) diminishes or impairs--

(A) any existing use or occupancy of Federal land by the public (including the non-outfitted public); or

(B) any right or privilege of use, occupancy, or access to Federal land by the public (including the non-outfitted public);

(3) diminishes the existing authority of Federal agencies to--

(A) establish levels of use; and

(B) allocate such use among or between the outfitted and non-outfitted public; and

(4) applies to outdoor activity and services on Federal land for or directly related to academic credit and provided by a bona fide and accredited academic institution.

END