[Congressional Record Volume 155, Number 46 (Tuesday, March 17, 2009)]
[Senate]
[Pages S3164-S3165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado:
  S. 607. 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 are 
subject to ski area permits, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, 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.
  My interest in the subject was heightened last 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. This law speaks only to ``nordic and alpine skiing'' and does not 
reflect the full spectrum of snowsports for which ski areas are now 
used. They described this problem 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 that I introduced in the U.S. House of 
Representatives last year.
  Today, I am introducing this bill in the Senate.
  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

[[Page S3165]]

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.
  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.
  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.
  Mr. President, I ask unanimous consent that a bill summary be printed 
in the Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

                          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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