[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 382 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 382

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

  Mr. Udall of Colorado (for himself and Mr. Barrasso) 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 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).
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