[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[House]
[Pages H6445-H6446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT ACT OF 2010

  Mr. SCOTT of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2476) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2476

       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 2010''.

     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 (in addition to 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 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 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 
     such other seasonal or year-round recreational activities 
     associated with mountain resorts as the Secretary may 
     authorize pursuant to subsection (c)'';
       (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 paragraphs (2) 
     and (3), the Secretary may authorize the holder of a ski area 
     permit issued pursuant to subsection (b) to provide on 
     National Forest System land subject to the ski area permit 
     such other seasonal or year-round natural resource-based 
     recreational activities and associated facilities or 
     improvements (in addition to skiing and other snow-sports) as 
     the Secretary determines to be appropriate.
       ``(2) Requirements.--Any activity, facility, or improvement 
     authorized by the Secretary under paragraph (1) shall--
       ``(A) encourage outdoor recreation and enjoyment of nature;
       ``(B) to the extent practicable, harmonize with the natural 
     environment of the National Forest System land on which the 
     activity, facility, or improvement is located;
       ``(C) to the extent practicable, be located within the 
     portions of the ski permit area that are developed to support 
     skiing and other snow sports;
       ``(D) be consistent with the applicable forest management 
     plan and all other applicable laws; and
       ``(E) be subject to such terms and conditions as the 
     Secretary determines to be appropriate.
       ``(3) No change in purpose.--
       ``(A) Purpose test.--The Secretary may not authorize an 
     activity, facility, or improvement under paragraph (1) if the 
     Secretary determines that the authorization of the activity, 
     facility, or improvement would result in the primary 
     recreational purpose of the National Forest System land 
     subject to the ski area permit to be a purpose other than 
     skiing or any other snow-sport.
       ``(B) Revenue test.--To ensure that National Forest System 
     lands subject to a ski area permit continue to be used 
     predominately for skiing and other snow sports, the Secretary 
     may authorize an activity, facility, or improvement under 
     paragraph (1) only to the extent that the majority of the 
     revenue of the ski area is generated by the sale of lift 
     tickets and fees for ski and other snow-sport rentals, skiing 
     and other snow-sport instruction, ski trail passes for the 
     use of trails maintained by the permit holder, and ancillary 
     facilities related to the operation and support of skiing and 
     other snow-sport activities.
       ``(4) Boundary changes.--When determining the boundary of a 
     ski area permit under subsection (b)(3), the Secretary shall 
     not consider the need for activities other than skiing and 
     other snow-sports.
       ``(5) 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.''; and
       (5) in subsection (d) (as redesignated by paragraph (3))--
       (A) by striking ``Within one year after the date of 
     enactment of this Act, the'' and inserting ``Not later than 
     18 months after the date of enactment of the Ski Area 
     Recreational Opportunity Enhancement Act of 2010, the''; and
       (B) by striking ``within 3 years of the date of enactment 
     of this Act''.

     SEC. 4. EFFECT.

       Nothing in this Act (including the amendments made by this 
     Act) affects--
       (1) any authority of the Secretary of Agriculture 
     (including the authority of the Secretary with respect to 
     recreational activities or infrastructure located on National 
     Forest System land) under any Federal law (including 
     regulations) other than the National Forest Ski Area Permit 
     Act of 1986 (16 U.S.C. 497b); and
       (2) any duty of the Secretary under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Scott) and the gentleman from Pennsylvania (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. SCOTT of Georgia. Mr. Speaker I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on the bill, H.R. 2476.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. SCOTT of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H6446]]

  H.R. 2476 amends the National Forest Ski Area Permit Act of 1986 to 
update the use of ski permits to include other snow sports in addition 
to Nordic and alpine skiing, and to provide guidelines and 
clarification to the Secretary regarding other year-round recreational 
activities on Forest Service lands. This bill is sponsored by 
Representative DeGette, and has 16 cosponsors, and the Forest Service 
supports this legislation.
  The original statute was enacted in 1986, before new sports like 
snowboarding grew into popularity. Additionally, many ski areas operate 
year-round activities like summertime mountain biking on the slopes. 
This bill will not alter any forest management plan or the need for 
strict environmental compliance on Federal lands.
  I encourage my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. THOMPSON of Pennsylvania. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 2476, the Ski Area 
Recreational Opportunity Enhancement Act. This bipartisan bill provides 
the Secretary of Agriculture the authority to allow additional 
activities on National Forest land governed by a ski permit. A vendor 
who holds a ski area permit will be able to offer snow sports other 
than alpine and Nordic skiing in these permitted areas.
  The legislation also clarifies the Secretary's authority to expand 
the number of activities allowed in these skiing areas during summer 
months when they are not being utilized for their primary purpose.
  Mr. Speaker, these are great ways to encourage Americans to explore 
our National Forest systems and to appreciate the beauty of our 
National Forests, all while being physically active. The bill ensures 
that these activities are regulated in such a manner that does not 
alter the character of the forest.
  Mr. Speaker, I hope my colleagues will join me in supporting this 
bill.
  I yield back the balance of my time.
  Mr. SCOTT of Georgia. Mr. Speaker, I yield 3 minutes to the 
distinguished gentleman from Colorado (Mr. Polis).
  Mr. POLIS. Mr. Speaker, I rise today as a cosponsor of H.R. 2476.
  Mr. Speaker, I hope that you have had the chance to visit some of the 
terrific winter recreation and summer recreation areas in Colorado's 
Second Congressional District, in places that are known across the 
United States and across the world, like Vail, Beaver Creek, Copper 
Mountain, Arapahoe Basin, Keystone, Breckenridge, Winter Park.
  People know us for our skiing. Our alpine and Nordic skiing is among 
the best in the world. And yet there are many more opportunities to be 
both good stewards of our mountain resources and provide additional 
recreational opportunities for you, Mr. Speaker, our colleagues and 
friends from across the country, and across the world.
  With those recreational opportunities that we give for people to 
enjoy our mountains with summer activities like mountain biking, 
activities on the mountain, activities in our rivers, with those 
opportunities, Mr. Speaker, we create jobs, jobs for people who reside 
in Eagle and Summit Counties, and Grand County in my district, and 
other areas across the country.
  We have the opportunity with National Forest System land that we use 
for skiing to provide additional opportunities for seasonal and year-
round recreational opportunities, providing enjoyment and fun for 
families across the United States, and promoting jobs in my district 
and others like it, and the communities that serve these areas.
  By increasing the extent to which the National Forest Service land is 
managed to allow for outdoor recreational activities, we can provide 
more opportunities for people to interact with nature, to gain an 
appreciation of our ecosystem and natural heritage.
  With this bill, we clarify the authority of the Secretary of 
Agriculture to permit appropriate seasonal or year-round recreational 
activities. This all continues to be subject to permits that are 
granted through a process that takes into account impact on the lands 
themselves.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. SCOTT of Georgia. I yield the gentleman an additional 30 seconds.
  Mr. POLIS. Mr. Speaker, with the passage of this bill we can do an 
even better job in Vail, Beaver Creek, and in our mountain communities 
in showing you a good time, Mr. Speaker. And in showing you a good 
time, Mr. Speaker, we're going to create jobs for the good residents of 
Colorado's Second Congressional District.
  I urge support of H.R. 2476.
  Mr. SCOTT of Georgia. I would just like to give an amen to the 
distinguished gentleman from Colorado for which he speaks. As one who 
has traveled out to Colorado myself and visited around Vail and around 
Golden, Colorado, what he speaks is so truthful. And the enjoyment, the 
recreation, and the significant amount of jobs that are created as a 
result of what's embodied in this legislation. I commend you for your 
very strong remarks on it.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Scott) that the House suspend the rules and 
pass the bill, H.R. 2476, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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