[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 607 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 607

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 are subject to 
               ski area permits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2009

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

_______________________________________________________________________

                                 A BILL


 
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 are subject to 
               ski area permits, and for other purposes.

    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 ``Ski Area Recreational Opportunity 
Enhancement Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) it is in the national interest to provide, and 
        encourage citizens of the United States to take advantage of, 
        opportunities during all 4 seasons to engage in outdoor 
        recreational activities that could contribute to the health and 
        well-being of the citizens of the United States;
            (2) as of 2009, under Federal law (including regulations), 
        National Forest System land has been managed in ways that--
                    (A) encourage understanding and appreciation of 
                nature and the importance of conserving natural 
                resources; and
                    (B) provide year-round opportunities for natural 
                resource-based, outdoor-developed recreational 
                activities outside of urban settings;
            (3) by increasing the extent to which National Forest 
        System land is managed to provide opportunities for outdoor 
        recreational activities, more citizens of the United States may 
        gain the opportunity to engage in such activities;
            (4) National Forest System land that is used for skiing and 
        other snow-sports can provide additional opportunities for 
        seasonal and year-round recreational activities, which promotes 
        jobs and enhances the economy of local communities that serve 
        these areas as well as the State and the United States;
            (5) the authorization of increased use of certain National 
        Forest System land for seasonal and year-round recreational 
        activities and associated facilities can reduce the impact of 
        such activities and facilities on other National Forest System 
        land; and
            (6) it is desirable to amend the National Forest Ski Area 
        Permit Act of 1986 (16 U.S.C. 497b)--
                    (A) 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 (referred to in this Act as 
                the ``Secretary'') under section 3 of the National 
                Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); 
                and
                    (B) to clarify the authority of the Secretary 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 under section 3 of the National Forest 
                Ski Area Permit Act of 1986 (16 U.S.C. 497b).
    (b) Purpose.--The purpose of this Act is to amend the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)--
            (1) 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 under section 3 of 
        the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 
        497b); and
            (2) to clarify the authority of the Secretary 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 under 
        section 3 of the National Forest Ski Area Permit Act of 1986 
        (16 U.S.C. 497b).

SEC. 3. SKI AREA PERMITS.

    Section 3 of the National Forest Ski Area Permit Act of 1986 (16 
U.S.C. 497b) is amended--
            (1) in subsection (a), by striking ``nordic and alpine ski 
        areas and facilities'' and inserting ``ski areas and associated 
        facilities'';
            (2) 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 
        such other seasonal or year-round recreational activities 
        associated with mountain resorts as the Secretary may authorize 
        pursuant to subsection (c)'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (4) by inserting after subsection (b) the following:
    ``(c) Other Recreational Uses.--
            ``(1) Authority of secretary.--Subject to paragraphs (2) 
        and (3), the Secretary may authorize the holder of a ski area 
        permit issued pursuant to subsection (b) to provide on National 
        Forest System land subject to the ski area permit such other 
        seasonal or year-round natural resource-based, outdoor-
        developed recreational activities and associated facilities (in 
        addition to skiing and other snow-sports) as the Secretary 
        determines to be appropriate.
            ``(2) Requirement of activities and facilities.--Each 
        activity and facility authorized by the Secretary under 
        paragraph (1) shall--
                    ``(A) encourage outdoor recreation;
                    ``(B) to the extent practicable, harmonize with the 
                natural environment of the National Forest System land 
                on which the activity or facility is located; and
                    ``(C) be subject to such terms and conditions as 
                the Secretary determines to be appropriate.
            ``(3) 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 a National 
        Forest System land that is subject to a ski area permit to be a 
        purpose other than skiing or any other snow-sport.''; and
            (5) in subsection (d) (as redesignated by paragraph (3))--
                    (A) by striking ``Within one year after the date of 
                enactment of this Act, the'' and inserting ``Not later 
                than 1 year after the date of enactment of the Ski Area 
                Recreational Opportunity Enhancement Act of 2009, 
                the''; and
                    (B) by striking ``within 3 years of the date of 
                enactment of this Act''.

SEC. 4. EFFECT.

    Nothing in this Act (including an amendment made by this Act) 
affects any authority of the Secretary (including the authority of the 
Secretary with respect to recreational activities or facilities located 
on National Forest System land) under any Federal law (including 
regulations) other than the National Forest Ski Area Permit Act of 1986 
(16 U.S.C. 497b).
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