go to homepage

ACTION ALERT

"Outfitter Policy Act of 1997"

S. 1489 Introduced by Sen. Larry Craig (R-ID)

At the close of the 104th Congress, Senator Larry Craig (R-ID), at the behest of outfitters in Idaho, introduced legislation that would have had disastrous consequences for Wilderness and other public lands. The "Outfitter Guide Policy Act" would have granted outfitters the right to have permanent Wilderness camps--reserved sites with corrals, tent frames, piped-in running water, storage structures, refrigerators, caches and a host of other facilities. The camps would be permanently reserved to land-based outfitters, while river running companies would get permanently reserved launches and user-days. Upon introducing his bill, Sen. Craig acknowledged that it was too late in the session to act on his bill, but promised to reintroduce his bill in the next session of Congress. On November 8, 1997, Sen. Craig, this time with co-sponsor Ron Wyden (D-OR), made good on Craig's threat.

The "Outfitter Policy Act of 1997," will dramatically change the nature of commercial outfitting on public lands. It grants commercial outfitters "PRIVATE RIGHTS" on public lands. It has ENORMOUS ramifications for designated WILDERNESS, WILD AND SCENIC RIVERS, NATIONAL PARKS, NATIONAL WILDLIFE REFUGES and all other federal lands and rivers. The 56-page bill is loaded with provisions designed to benefit commercial outfitters at the expense of other users and our wildlands. Following is a brief account of what this bill will do.

• 1.) The bill constitutes the first major amendment to the WILDERNESS ACT. Outfitters will be given the right to have permanent structures and facilities, such as corrals, tent frames, tent pads, spring boxes, piped-in water, refrigerators, etc. in Wilderness Areas all of which are now prohibited by law. The same provision would guarantee motorboat or aircraft use wherever it existed at any time prior to enactment of this bill. These are authorized as "Traditional or Historic Activities." This provision is a thinly veiled attempt to re-institute a number of illegal activities that outfitters in the Frank Church-River of No Return Wilderness had become accustomed to, and which were stopped as a result of a lawsuit by conservationists, and there's no telling how far this provision could lead. For example, the Forest Service in Alaska recently ruled against a plan to create 129 helicopter landing zones in Wildernesses on the Tongass National Forest. If Craig's bill passes and the helicopter tour companies can show they once used these Wilderness, they will have the right to do so in the future.

• 2.) The bill permanently and completely alters the relationship between commercial services and WILDERNESS. The Wilderness Act prohibits commercial services in Wilderness except to the "extent NECESSARY" for realizing the purposes of Wilderness. This bill shifts the emphasis from what is "necessary" to one of providing a guaranteed, profitable business environment. While federal agencies have generally failed in the past to properly limit commercial use in Wilderness, this bill would prohibit them from doing so.

• 3.) The bill converts outfitter "special use permits", which are revocable privileges, to PRIVATE RIGHTS, defined in S. 1489 as "Outfitter Contracts." These contracts can be sold or otherwise transferred to third parties provided minimal operating standards are met 75% percent of the time. Allocated use cannot be reduced, but can be increased if a manager determines use capacity is "available." Existing special use permits are automatically converted to Standard Outfitter Contracts, creating an overnight windfall for outfitters. The agencies can not condition contract transfers on anything.

• 4.) The bill makes it virtually impossible for federal agencies to enforce contract standards.

• 5.) The bill precludes "freedom of choice" allocation models or any method that would equitably distribute use between private users and commercial outfitters.

• 6.) The bill explicitly supersedes important provisions of 15 major environmental laws including the National Forests Organic Act, National Parks Organic Act, Federal Land Management Policy Act, National Wildlife Refuge System Administration Act and many others.

• 7.) A special clause grants "STATE SUPREMACY" to ALASKA. Federal agencies are prohibited from requiring resource protection measures that are inconsistent with laws and regulations of the Alaska Dept. of Fish and Game.

• 8.) This legislation does a DISSERVICE to those outfitters and guides who have played by the rules and have not insisted on special privileges on public land. Many have led the way in developing and teaching minimum impact travel and camping techniques. There will always be a place for these outfitters and guides on public lands.

WHAT CAN YOU DO?

Senator Ron Wyden (D-OR) has co-sponsored the "Outfitter Policy Act of 1997," which is now in the Senate Energy and Natural Resources Subcommittee. A hearing is likely sometime in late February or early March. Senator Wyden needs to hear from as many people as possible that S.1489 is completely unacceptable. Letters, phone calls e-mail or faxes are all effective means to let Wyden and other senators know how you feel about S. 1489. Wyden can be reached at:

• Any senator can be reached by writing to:
  Senator ____,
  U.S. Senate, Washington, DC 20510.

SPREAD THE WORD! Contact other organizations and individuals and urge them to oppose S. 1489. This bill is a "sleeper," not everyone is aware it exists or what it does.

Send a letter to the editor of your local newspaper. Citizens everywhere will be outraged when they learn about this give-away bill. Be sure to include in your letter a suggestion that people contact their senators and representatives on this important bill.

Stay tuned to this website for updates on the "Outfitter Policy Act of 1997."