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

                                                       Calendar No. 590
111th CONGRESS
  2d Session
                                 S. 607

                          [Report No. 111-304]

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 (for himself, Mr. Bennet, Mr. Barrasso, Mrs. 
Shaheen, Mrs. Feinstein, Mr. Ensign, Mr. Risch, Mr. Sanders, Mr. Reid, 
    Mr. Enzi, Mr. Leahy, Ms. Stabenow, Mr. Gregg, Mr. Bennett, Ms. 
  Cantwell, and Mrs. Murray) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                           September 27, 2010

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ski Area Recreational 
Opportunity Enhancement Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) as of 2009, under Federal law (including 
        regulations), National Forest System land has been managed in 
        ways that--</DELETED>
                <DELETED>    (A) encourage understanding and 
                appreciation of nature and the importance of conserving 
                natural resources; and</DELETED>
                <DELETED>    (B) provide year-round opportunities for 
                natural resource-based, outdoor-developed recreational 
                activities outside of urban settings;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) it is desirable to amend the National Forest 
        Ski Area Permit Act of 1986 (16 U.S.C. 497b)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to amend the 
National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 3. SKI AREA PERMITS.</DELETED>

<DELETED>    Section 3 of the National Forest Ski Area Permit Act of 
1986 (16 U.S.C. 497b) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``nordic and 
        alpine ski areas and facilities'' and inserting ``ski areas and 
        associated facilities'';</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (3) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively;</DELETED>
        <DELETED>    (4) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Other Recreational Uses.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirement of activities and facilities.--
        Each activity and facility authorized by the Secretary under 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) encourage outdoor 
                recreation;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) be subject to such terms and 
                conditions as the Secretary determines to be 
                appropriate.</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (5) in subsection (d) (as redesignated by 
        paragraph (3))--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by striking ``within 3 years of the 
                date of enactment of this Act''.</DELETED>

<DELETED>SEC. 4. EFFECT.</DELETED>

<DELETED>    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).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ski Area Recreational Opportunity 
Enhancement Act of 2010''.

SEC. 2. 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 of Agriculture 
        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 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).

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 
        recreational uses authorized by this Act'';
            (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 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.
            ``(2) Requirements.--Each activity and facility authorized 
        by the Secretary under paragraph (1) shall--
                    ``(A) encourage outdoor recreation and enjoyment of 
                nature;
                    ``(B) to the extent practicable--
                            ``(i) harmonize with the natural 
                        environment of the National Forest System land 
                        on which the activity or facility is located; 
                        and
                            ``(ii) be located within the developed 
                        portions of the ski area;
                    ``(C) be subject to such terms and conditions as 
                the Secretary determines to be appropriate; and
                    ``(D) be authorized in accordance with--
                            ``(i) the applicable land and resource 
                        management plan; and
                            ``(ii) applicable laws (including 
                        regulations).
            ``(3) Inclusions.--Activities and facilities that may, in 
        appropriate circumstances, be authorized under paragraph (1) 
        include--
                    ``(A) zip lines;
                    ``(B) mountain bike terrain parks and trails;
                    ``(C) frisbee golf courses; and
                    ``(D) ropes courses.
            ``(4) Exclusions.--Activities and facilities that are 
        prohibited under paragraph (1) include--
                    ``(A) tennis courts;
                    ``(B) water slides and water parks;
                    ``(C) swimming pools;
                    ``(D) golf courses; and
                    ``(E) amusement parks.
            ``(5) 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.
            ``(6) 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).
            ``(7) 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.'';
            (5) by striking subsection (d) (as redesignated by 
        paragraph (3)), and inserting the following:
    ``(d) Regulations.--Not later than 2 years after the date of 
enactment of this subsection, the Secretary shall promulgate 
regulations to implement this section.''; and
            (6) 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.)''.

SEC. 4. 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).
            Amend the title so as to read: ``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 is 
        subject to ski area permits, and for other purposes.''
                                                       Calendar No. 590

111th CONGRESS

  2d Session

                                 S. 607

                          [Report No. 111-304]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 27, 2010

        Reported with an amendment and an amendment to the title