[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 765 Enrolled Bill (ENR)]
H.R.765
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
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.