I
One Hundred Twelfth Congress of the United States of America
At the First Session
Begun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven
H. R. 765
AN ACT
To amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that is subject to ski area permits, and for other purposes.
Short title
This Act may be cited as the Ski Area Recreational Opportunity Enhancement Act of 2011
.
Purpose
The purpose of this Act is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)—
to enable snow-sports (other than nordic and alpine skiing) to be permitted on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and
to clarify the authority of the Secretary of Agriculture to permit appropriate additional seasonal or year-round recreational activities and facilities on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
Ski area permits
Section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended—
in subsection (a), by striking nordic and alpine ski areas and facilities
and inserting ski areas and associated facilities
;
in subsection (b), in the matter preceding paragraph (1), by striking “nordic and alpine skiing operations and purposes” and inserting “skiing and other snow sports and recreational uses authorized by this Act”;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting after subsection (b) the following:
Other Recreational Uses
Authority of Secretary
Subject to the terms of a ski area permit issued pursuant to subsection (b), the Secretary may authorize a ski area permittee to provide such other seasonal or year-round natural resource-based recreational activities and associated facilities (in addition to skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Secretary determines to be appropriate.
Requirements
Each activity and facility authorized by the Secretary under paragraph (1) shall—
encourage outdoor recreation and enjoyment of nature;
to the extent practicable—
harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and
be located within the developed portions of the ski area;
be subject to such terms and conditions as the Secretary determines to be appropriate; and
be authorized in accordance with—
the applicable land and resource management plan; and
applicable laws (including regulations).
Inclusions
Activities and facilities that may, in appropriate circumstances, be authorized under paragraph (1) include—
zip lines;
mountain bike terrain parks and trails;
frisbee golf courses; and
ropes courses.
Exclusions
Activities and facilities that are prohibited under paragraph (1) include—
tennis courts;
water slides and water parks;
swimming pools;
golf courses; and
amusement parks.
Limitation
The Secretary may not authorize any activity or facility under paragraph (1) if the Secretary determines that the authorization of the activity or facility would result in the primary recreational purpose of the ski area permit to be a purpose other than skiing and other snow-sports.
Boundary determination
In determining the acreage encompassed by a ski area permit under subsection (b)(3), the Secretary shall not consider the acreage necessary for activities and facilities authorized under paragraph (1).
Effect on existing authorized activities and facilities
Nothing in this subsection affects any activity or facility authorized by a ski area permit in effect on the date of enactment of this subsection during the term of the permit.
;
by striking subsection (d) (as redesignated by paragraph (3)), and inserting the following:
Regulations
Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to implement this section.
; and
in subsection (e) (as redesignated by paragraph (3)), by striking the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act
and inserting the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)
.
Effect
Nothing in the amendments made by this Act establishes a legal preference for the holder of a ski area permit to provide activities and associated facilities authorized by section 3(c) of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by section 3).
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.
