[Congressional Record Volume 154, Number 118 (Thursday, July 17, 2008)]
[Extensions of Remarks]
[Pages E1502-E1503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF A BILL TO CLARIFY AUTHORITY OF SECRETARY OF AGRICULTURE 
REGARDING ADDITIONAL RECREATIONAL USES OF NATIONAL FOREST SYSTEM LANDS 
                      SUBJECT TO SKI AREA PERMITS

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Thursday, July 17, 2008

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing a bill 
to revise the 1986 law dealing with use of National Forests for ski 
areas in order to reflect current ways those areas are used and to 
provide clear authority for the Forest Service to allow additional 
recreational uses of those areas.
  I have long thought it is in the national interest to encourage 
Americans to engage in outdoor recreational activities that can 
contribute to their health and well-being, and that National Forest 
lands, including ski areas, can play a role by providing opportunities 
for such activities.
  And my interest in the subject was heightened earlier this year when 
representatives of the National Ski Areas Association brought to my 
attention the fact that the National Forest Ski Areas Permit Act of 
1986, which speaks only to ``nordic and alpine skiing,'' does not 
reflect the full spectrum of snowsports for which ski areas are now 
used, and what they described as the absence of clear authority for the 
Forest Service to permit use of ski areas for other summer, seasonal, 
or year-round outdoor recreational activities and facilities in support 
of those activities.
  To better understand the matter, I sent a letter asking the Under 
Secretary of Agriculture for Natural Resources and the Environment 
whether current law could be clearer on those points. Under Secretary 
Mark Rey replied that the 1986 legislation indeed did not address those 
matters and that, if requested, the USDA ``would be happy to work with 
you to amend'' the law to provide the Forest Service with clear 
authority regarding such activities and facilities.
  I did request and receive technical suggestions from the Forest 
Service, and have considered their input as well as suggestions from 
the National Ski Areas Association and other interested parties in 
developing the bill I am introducing today.
  The bill intentionally uses a number of terms and phrases based on 
the terminology of the Forest Service's regulations, manual, or other 
official documents because those terms and phrases are familiar not 
only to the Forest Service but also to permittees and others with an 
interest in the management of the National Forests. Thus, as used in 
the bill the term ``developed recreation'' means recreation that occurs 
at an area which has been improved or developed for that purpose--such 
as camping in constructed campgrounds or developed opportunities for 
off-highway-vehicle use as well as downhill skiing. Similarly, the term 
``natural-resource-based recreation'' is intended to have the same 
meaning as when used in the Forest Service manual 2300 (Recreation, 
Wilderness, and Related Resource Management).
  It also should be noted that the bill deals only with the 1986 
National Forest Ski Areas Act, and would not in any way affect any 
other law applicable to management of the National Forests or any 
permits issued under any of those laws.
  Ski area permits under the 1986 law do give their holders a priority 
with respect to commercial use of the lands subject to the permits, but 
they do not preclude general use of those lands by the public for 
compatible, non-commercial uses, and the bill would not change that. In 
fact, the bill does not affect the status, the duration, or any other 
provision of any permit already issued under the 1986 law, nor does it 
provide for any new permits. Instead, it makes clear that the Forest 
Service is authorized--but not required--to allow a current or future 
holder of a permit under the 1986 law to provide opportunities for 
additional developed recreational activities (and to place associated 
facilities) on the lands covered by that permit if the specified 
requirements are met and if the Forest Service decides it would 
appropriate for that to occur.

[[Page E1503]]

  And it would not affect any existing or future permit related to use 
of lands that are not subject to ski area permits under the 1986 law or 
in any way reduce or otherwise modify the extent to which the Forest 
Service can allow any particular use on any of those lands outside ski 
areas.
  Madam Speaker, this is a narrowly-targeted bill that I think can be 
valuable regarding an important aspect of the management of the 
National Forests and in facilitating the provision of additional 
opportunities for seasonal and year-round recreational activities on 
the parts of those lands that are subject to permits under the 1986 
law. I think it deserves the approval of our colleagues, and for their 
reference I attach a more detailed outline of its provisions:


                          outline of the Bill

  Section 1 sets forth findings regarding the basis for the 
legislation, and states its purpose. The findings note that it is in 
the national interest to provide, and encourage Americans to take 
advantage of, opportunities to engage in outdoor recreational 
activities that can contribute to their health and well-being; that 
National Forests, including those areas used for skiing, can provide 
such opportunities during all four seasons; that increased use of ski 
areas for that purpose can reduce impacts on other National Forest 
lands; and that it is in the national interest to revise the National 
Forest Ski Area Permit Act. The purpose is to amend that 1986 law so as 
to reflect that other snowsports, in addition to nordic and alpine 
skiing, occur at ski areas and to clarify the Forest Service's 
authority to permit additional appropriate seasonal or year-round 
recreational uses of lands subject to permits under that law.
  Section 2 would amend the National Forest Ski Area Permit Act of 1986 
in three ways:
  (1) by replacing current language that refers only to ``nordic and 
alpine skiing'' with broader terminology to reflect that additional ski 
areas are also used for additional snowsports, such as snowboarding.
  (2) by providing specific authority for the Forest Service to 
authorize the holder of a ski area permit under the 1986 law to provide 
additional recreational opportunities (and to have associated 
facilities) on lands covered by that permit. This authority is limited 
to activities and facilities that the Forest Service determines 
appropriate, that encourage outdoor recreation, and that harmonize to 
the natural environment to the extent practicable. The bill makes clear 
that the activities and facilities will be subject to such terms and 
conditions as the Forest Service determines appropriate. It also 
specifies that no activity or facility can be authorized if the agency 
determines that authorization would result in the primary recreational 
purpose of lands covered by a permit under the 1986 law would not be 
skiing or other snowsports.
  (3) Finally, the bill would delete from the 1986 law obsolete 
language related to a deadline for conversion of previously-issued ski-
area permits to permits under the 1986 law, while retaining the 
requirement that regulations be promulgated to implement that law--a 
requirement that will apply to the law as it would be amended by the 
bill.
  Section 3 specifies that the bill will not affect any authority the 
Forest Service now has under laws other than the National Forest Ski 
Area Permit Act of 1986, including authority with respect to 
recreational activities or facilities.

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