1.This Act may be cited as the
Ski Area Recreational Opportunity
Enhancement Act of 2009
.
2.
(a)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)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).
3.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)
(1)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 facilitiesEach 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)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
.
4.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).
1.This Act may be cited as the
Ski Area Recreational Opportunity
Enhancement Act of 2010
.
2.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).
3.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)
(1)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)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)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)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)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)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 facilitiesNothing 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)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.)
.
4.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.
September 27, 2010
Reported with an amendment and an amendment to the
title