[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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