[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Page S882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself and Mr. Barrasso):
  S. 382. 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 permits; to the Committee on 
Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, while our economy is beginning 
to show signs of recovery, there is still a long way to go. This is 
especially true in our rural communities. That is why I am 
reintroducing a bipartisan bill that would help provide new economic 
opportunities in mountain communities across this country--the Ski Area 
Recreational Opportunity Enhancement Act.
  The outdoors and recreation industries have been a bright spot in the 
economic downturn. More Americans are spending time outside, enjoying 
the natural world and getting exercise. I have long felt it is in the 
national interest to encourage Americans to engage in outdoor 
activities that can contribute to their health and well being. Our 
public lands already play a key role by providing opportunities for 
hiking, skiing, mountain biking and a range of other activities.
  In Colorado and across the country, for example, many ski areas are 
located on National Forest lands. However, under existing law, the 
National Forest Service bases ski area permits primarily on ``Nordic 
and alpine skiing'', a classification that does not reflect the full 
spectrum of snowsports, nor the use of ski permit areas for non-winter 
activities. This has resulted in uncertainty for both the Forest 
Service and ski areas as to whether and how other activities, such as 
summer-time activities, can occur on permitted areas.
  In effect, this means that ski areas on National Forest lands are 
primarily restricted to use for winter recreation, as opposed to year-
round recreation.
  The legislation I am introducing with Senator Barrasso of Wyoming 
would clarify this ambiguity. It would ensure that ski area permits 
could be used for additional snowsports, such as snowboarding, as well 
as specifically authorizing the Forest Service to allow additional 
recreational opportunities--like summer-time activities--in permit 
areas.
  I should note that this authority is limited. The primary activity in 
the permit area must remain skiing or other snowsports. And there are 
specific types of development, such as water parks and amusement parks, 
that are specifically prohibited.
  This is a narrowly targeted bill that will lead to additional 
opportunities for seasonal and year-round recreational activities at 
ski areas on public lands--and most importantly help create more 
sustainable, year round jobs.
  I would like to thank Senator Barrasso for his continued support of 
this legislation and his efforts to work with me in the last Congress 
to pass this bill. I know we were both disappointed that the objections 
of just two Senators prevented this common-sense legislation from 
becoming law. Hopefully we will have more success this year--because 
our mountain communities should be given every opportunity to thrive, 
as this legislation would help do.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 382

       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).
                                 ______