On July 16, 2003 Senator Larry Craig (R-ID) introduced a bill (S 1420), which would give outfitters in the Forest Service (USFS) and the Bureau of Land Management (BLM) the same privileges enjoyed by outfitters in the National Park System.
American Whitewater has followed similar bills closely over the past 7 years and even provided oral testimony to the Senate Committee on Energy and Natural Resources on this topic.
As in the past, American Whitewater’s two primary interests in an Outfitter Policy bill are whether it (1) might be construed by land managers and regulators in any fashion that would unfairly limit public access to America’s rivers, and (2) provides suitable flexibility to managers while simultaneously providing commercial outfitters with fair operational and permitting expectations.
We will be discussing the bill with America Outdoors and other organizations that have an interest in the outcome of this bill. Following our discussions and research, we will submit appropriate comments to the Committee on this bill.
S 1420 Bill Summary (from the Senate)
Outfitter Policy Act of 2003 – Prohibits unauthorized outfitters from conducting commercial outfitted activities on Federal land.
Requires the Secretaries of Agriculture and the Interior to establish criteria for granting outfitter permits.
Sets forth procedures for issuing permits and describes permit requirements. Requires fees for outfitter authorizations.
Requires an authorized outfitter to 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 by the outfitter. Requires an authorized outfitter to defend and indemnify the United States for all injury, loss, damage, and costs the United States may incur due to such actions by the outfitter. Exempts authorized outfitters from having to pay, defend, or indemnify the United States for any injury, loss, damage, or costs for which the United States is solely responsible.
Requires outfitter permits to include a principal allocation of outfitter use and authorizes temporary permits to include such allocation.
Authorizes the Secretary to adjust a base allocation of use.
Permits temporary allocations of use for up to two years and the renewal, transfer, or extension of such allocations.
Requires the Secretary to: (1) develop a process for evaluation of the performance of authorized outfitters; and (2) renew an authorization at the outfitter’s request, under appropriate conditions.
Makes outfitter permits transferable to qualified transferees under specified conditions.
Sets forth recordkeeping requirements for authorized outfitters.
Requires the Secretary to: (1) grant authorized outfitters full access to administrative remedies; and (2) establish an expedited procedure for consideration of appeals.
Entitles outfitters that hold existing permits, contracts, or other authorizations to issuance of new permits under this Act if their recent performance was determined good, satisfactory, or acceptable, or the equivalent.