Home > 106th Congressional Bills > S. 196 (is) To amend the Internal Revenue Code of 1986 to waive in the case of multiemployer plans the section 415 limit on benefits to the participant's average compensation for his high 3 years. [Introduced in Senate] ...S. 196 (is) To amend the Internal Revenue Code of 1986 to waive in the case of multiemployer plans the section 415 limit on benefits to the participant's average compensation for his high 3 years. [Introduced in Senate] ...
Calendar No. 940
106th CONGRESS
2d Session
S. 1969
[Report No. 106-491]
To provide for improved management of, and increased accountability
for, outfitted activities by which the public gains access to and
occupancy and use of Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 1999
Mr. Craig (for himself, Mr. Murkowski, Mr. Thomas, Mr. Grams, Mr.
Hatch, and Mr. Smith of Oregon) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural
Resources
October 5 (legislative day, September 22), 2000
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for improved management of, and increased accountability
for, outfitted activities by which the public gains access to and
occupancy and use of Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Outfitter Policy Act of
1999''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the experience, skills, trained staff, and
investment in equipment that are provided by authorized
outfitters are necessary to provide access to Federal land to
members of the public that need or desire commercial outfitted
activities to facilitate their use and enjoyment of
recreational or educational opportunities on Federal
land;</DELETED>
<DELETED> (2) such activities constitute an important
contribution toward meeting the recreational and educational
objectives of resource management plans approved and
administered by agencies of the Department of Agriculture and
the Department of the Interior;</DELETED>
<DELETED> (3) an effective relationship between those
agencies and authorized outfitters requires implementation of
agency policies and programs that provide for--</DELETED>
<DELETED> (A) a reasonable opportunity for an
authorized outfitter to realize a profit;</DELETED>
<DELETED> (B) a fair and reasonable return to the
United States through appropriate fees;</DELETED>
<DELETED> (C) renewal of outfitter permits based on
a performance evaluation system that rewards outfitters
that meet required performance standards and
discontinues outfitters that fail to meet those
standards; and</DELETED>
<DELETED> (D) transfer of an outfitter permit to the
qualified purchaser of the operation of an authorized
outfitter, an heir or assign, or another qualified
person or entity; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are--</DELETED>
<DELETED> (1) to establish terms and conditions of access
to, and occupancy and use of, Federal land by visitors who
require or desire the assistance of an authorized outfitter;
and</DELETED>
<DELETED> (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 provide, outfitted
visitors with access to, and occupancy and use of, Federal
land.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Actual use.--The term ``actual use'' means the
portion of a principal allocation of outfitter use that an
authorized outfitter uses in conducting commercial outfitted
activities during a period, for a type of use, for a location,
or in terms of another measurement of the term or outfitted
activities covered by an outfitter permit.</DELETED>
<DELETED> (2) Allocation of use.--</DELETED>
<DELETED> (A) In general.--The term ``allocation of
use'' means a method or measurement of access that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) takes the form of--</DELETED>
<DELETED> (I) an amount or type of
commercial outfitted activity resulting
from an apportionment of the total
recreation capacity of a resource area;
or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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, or other formulations of the type or
amount of authorized activity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Authorized outfitter.--</DELETED>
<DELETED> (A) In general.--The term ``authorized
outfitter'' means a person that conducts a commercial
outfitted activity on Federal land under an outfitter
authorization.</DELETED>
<DELETED> (B) Inclusion.--The term ``authorized
outfitter'' includes an outfitter that conducts a
commercial outfitted activity on Federal land under an
outfitter authorization awarded under an agreement
between the Secretary and a State or local government
that provides for the regulation by a State or local
agency of commercial outfitted activities on Federal
land.</DELETED>
<DELETED> (4) Commercial outfitted activity.--The term
``commercial outfitted activity'' means an authorized outfitted
activity--</DELETED>
<DELETED> (A) that is available to the
public;</DELETED>
<DELETED> (B) that is conducted under the direction
of paid staff; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (5) Federal agency.--The term ``Federal agency''
means--</DELETED>
<DELETED> (A) the Forest Service;</DELETED>
<DELETED> (B) the Bureau of Land
Management;</DELETED>
<DELETED> (C) the United States Fish and Wildlife
Service; and</DELETED>
<DELETED> (D) the Bureau of Reclamation.</DELETED>
<DELETED> (6) Federal land.--</DELETED>
<DELETED> (A) In general.--The term ``Federal land''
means all land and interests in land administered by a
Federal agency.</DELETED>
<DELETED> (B) Exclusion.--The term ``Federal land''
does not include--</DELETED>
<DELETED> (i) land held in trust by the
United States for the benefit of an Indian
tribe or individual; or</DELETED>
<DELETED> (ii) land held by an Indian tribe
or individual subject to a restriction by the
United States against alienation.</DELETED>
<DELETED> (7) Institutional recreation program.--The term
``institutional recreation program'' means a program of
recreational activities on Federal land that may include the
conduct of an outfitted activity on Federal land sponsored and
guided by--</DELETED>
<DELETED> (A) an institution with a membership or
limited constituency, such as a religious,
conservation, youth, fraternal, or social organization;
or</DELETED>
<DELETED> (B) an educational institution, such as a
college or university.</DELETED>
<DELETED> (8) Limited outfitter authorization.--The term
``limited outfitter authorization'' means an outfitter
authorization under section 6(f).</DELETED>
<DELETED> (9) Livery.--The term ``livery'' means the
dropping off or picking up of visitors, supplies, or equipment
on Federal land.</DELETED>
<DELETED> (10) Outfitted activity.--</DELETED>
<DELETED> (A) In general.--The term ``outfitted
activity'' means an activity--</DELETED>
<DELETED> (i) such as outfitting, guiding,
supervision, education, interpretation, skills
training, assistance, or livery operation
conducted for a member of the public in an
outdoor environment; and</DELETED>
<DELETED> (ii) that uses the recreational,
natural, historical, or cultural resources of
Federal land.</DELETED>
<DELETED> (B) Exclusion.--The term ``outfitted
activity'' does not include a service provided under
the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b).</DELETED>
<DELETED> (11) Outfitted visitor.--The term ``outfitted
visitor'' means a member of the public that relies on an
authorized outfitter for access to and occupancy and use of
Federal land.</DELETED>
<DELETED> (12) Outfitter.--The term ``outfitter'' means a
person that conducts a commercial outfitted activity, including
a person that, by local custom or tradition, is known as a
``guide''.</DELETED>
<DELETED> (13) Outfitter authorization.--The term
``outfitter authorization'' means--</DELETED>
<DELETED> (A) an outfitter permit; or</DELETED>
<DELETED> (B) a limited outfitter
authorization.</DELETED>
<DELETED> (14) Outfitter permit.--The term ``outfitter
permit'' means an outfitter permit under section 6.</DELETED>
<DELETED> (15) Principal allocation of outfitter use.--The
term ``principal allocation of outfitter use'' means a
commitment by the Secretary in an outfitter permit for an
allocation of use to an authorized outfitter in accordance with
section 9.</DELETED>
<DELETED> (16) Resource area.--The term ``resource area''
means a management unit that is described by or contained
within the boundaries of--</DELETED>
<DELETED> (A) a national forest;</DELETED>
<DELETED> (B) an area of public land;</DELETED>
<DELETED> (C) a wildlife refuge;</DELETED>
<DELETED> (D) a congressionally designated
area;</DELETED>
<DELETED> (E) a hunting zone or district;
or</DELETED>
<DELETED> (F) any other Federal planning unit
(including an area in which outfitted activities are
regulated by more than 1 Federal agency).</DELETED>
<DELETED> (17) Secretary.--The term ``Secretary'' means--
</DELETED>
<DELETED> (A) with respect to Federal land
administered by the Forest Service, the Secretary of
Agriculture, acting through the Chief of the Forest
Service or a designee;</DELETED>
<DELETED> (B) with respect to Federal land
administered by the Bureau of Land Management, the
Secretary of the Interior, acting through the Director
of the Bureau of Land Management or a
designee;</DELETED>
<DELETED> (C) with respect to Federal land
administered 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</DELETED>
<DELETED> (D) with respect to Federal land
administered by the Bureau of Reclamation, the
Secretary of the Interior, acting through the
Commissioner of Reclamation or a designee.</DELETED>
<DELETED> (18) Temporary allocation of use.--The term
``temporary allocation of use'' means an allocation of use to
an authorized outfitter in accordance with section 9.</DELETED>
<DELETED>SEC. 5. NONOUTFITTER USE AND ENJOYMENT.</DELETED>
<DELETED> Nothing in this Act enlarges or diminishes the right or
privilege of occupancy and use of Federal land under any applicable law
(including planning process rules and any administrative allocation),
by a commercial or noncommercial individual or entity that is not an
authorized outfitter or outfitted visitor.</DELETED>
<DELETED>SEC. 6. OUTFITTER AUTHORIZATIONS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Prohibition.--No person or entity, except an
authorized outfitter, shall conduct a commercial outfitted
activity on Federal land.</DELETED>
<DELETED> (2) Conduct of outfitted activities.--An
authorized outfitter shall not conduct an outfitted activity on
Federal land except in accordance with an outfitter
authorization.</DELETED>
<DELETED> (3) Special rule for alaska.--With respect to a
commercial outfitted activity conducted in the State of Alaska,
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |