[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 765 Engrossed in House (EH)]
112th CONGRESS
1st Session
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.
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 2011''.
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).
Passed the House of Representatives October 3, 2011.
Attest:
Clerk.
112th CONGRESS
1st Session
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.