[Congressional Record Volume 157, Number 146 (Monday, October 3, 2011)]
[House]
[Pages H6471-H6473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT ACT OF 2011
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 765) 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 purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 765
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.)''.
[[Page H6472]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from the Northern Mariana Islands
(Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 765 amends the National Forest Ski Area Permit Act of 1986 to
authorize the Secretary of Agriculture to permit seasonal and year-
round natural resource-based recreational activities that are
associated with those facilities on the National Forest ski areas.
Current law does not address any activities other than winter-related
Nordic and alpine skiing, snow sports, and their ancillary facilities
at ski areas on Forest Service land. Congress needs to pass this act to
allow new activities such as climbing walls, mountain biking, alpine
slides, and zip-lines to be able to be used.
The additional seasonal and year-round recreation authorized by this
bill would allow the private sector to create year-round jobs, expand
their wholesome outdoor recreational opportunities for American
families and for visitors from overseas.
Facilities authorized by this bill will have to be in harmony with
the natural environment. Furthermore, the legislation does not waive
such laws as the Endangered Species Act or the National Environmental
Policy Act to allow for these activities to take place. So the ski
areas on the Forest Service lands are already themselves classified as
developed sites. So these new activities will be in keeping with the
intended use of these areas.
{time} 1610
Finally, I would also like to thank Chairman Lucas of the Committee
on Agriculture for assisting us in bringing this bill to the floor
today. His cooperation on this and other issues shared with the
Committee on Natural Resources is very much appreciated.
To support this understanding, I am including in the Record an
exchange of letters between Chairman Lucas and Chairman Doc Hastings
regarding this particular bill.
House of Representatives,
Committee on Agriculture,
Washington, DC, July 21, 2011.
Hon. Doc Hastings,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Hastings: I am writing to you regarding H.R.
765, the Ski Recreational Opportunity Enhancement Act of 2011
which amends the National Forest Ski Area Permit Act of 1986
to allow Forest Service permits to include year-round
recreational use of ski areas. The bill also amends the Act
to allow for snowboarding and other snow sports on Forest
Service lands, in addition to ski activities already
permitted.
H.R. 765 has been referred to the Committee on Agriculture,
in addition to the Committee on Natural Resources. On June
15, 2011, H.R. 765 was reported out of the House Natural
Resources Committee by unanimous consent.
It is my understanding that the Committee on Natural
Resources wishes to consider this important piece of
legislation expeditiously. Therefore, I will agree to
discharge H.R. 765 from further consideration by the
Committee on Agriculture. I do so with the understanding that
this action in no way waives the Committee on Agriculture's
jurisdictional interests in the subject matter of the
legislation nor serves as a precedent for future referrals.
Furthermore, in the event a House-Senate conference is
requested on this matter, the Committee on Agriculture
reserves the right to seek the appointment of conferees.
I ask that you insert a copy of our exchange of letters
into the Congressional Record during consideration of this
measure on the House floor.
Thank you for your courtesy in this matter and I look
forward to continued cooperation between the Committee on
Natural Resources and the Committee on Agriculture as we deal
with forestry issues in the future.
Sincerely,
Frank D. Lucas,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, September 28, 2011.
Hon. Frank Lucas,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
765, the Ski Area Recreational Opportunity Enhancement Act of
2011. As you know, the Committee on Natural Resources ordered
reported the bill by unanimous consent on June 15, 2011. I
recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, understand that the
Committee on Agriculture will forego action on the bill.
The Committee on Natural Resources concurs with the mutual
understanding that by foregoing consideration of H.R. 765 at
this time, the Committee on Agriculture does not waive any
jurisdiction over the subject matter contained in this or
similar legislation. Your committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward. In addition, should a conference on the bill
be necessary, I would support your request to have the
Committee on Agriculture represented on the conference
committee, as you are the primary committee of jurisdiction.
Finally, I would be pleased to include your letter and this
response in the Congressional Record during floor
consideration, to memorialize our understanding.
Thank you for your consideration.
Sincerely,
Doc Hastings,
Chairman.
I urge the adoption of the measure, and I reserve the balance of my
time.
Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)
Mr. SABLAN. Mr. Speaker, the law governing the use of Forest Service
lands for ski resorts has not kept pace with the development of year-
round activities at many of these sites. New legislation is needed to
authorize activities such as rock climbing, mountain biking and other
offseason recreational activities.
H.R. 765 will authorize the Forest Service to permit certain nonsnow
sports identified in the bill while specifically prohibiting things
like tennis courts, swimming pools, and golf courses. The legislation
will provide this expanded authority while ensuring that only
activities which encourage outdoor recreation and harmonize with the
environment are permitted.
Our colleague, Representative DeGette of Colorado, sponsored this
legislation in the previous Congress and successfully guided the bill
to approval by the House. This is important legislation that will
create jobs, and she is to be commended for her leadership on this
bill.
We support H.R. 765.
I have no requests for time, and I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, as has been mentioned by the
gentleman, this is a bipartisan bill. I urge its adoption. It's a very
good bill.
I have no requests for time, and I yield back the balance of my time.
Ms. DeGETTE. Mr. Speaker, it gives me great pleasure to bring this
bill to the floor today. In my home state of Colorado, outdoor
activities such as skiing, snowboarding, mountain biking, and hiking
are part of our everyday lives. These activities often occur in our
fantastic ski areas--many of which are located on public lands.
The Ski Area Recreational Opportunity Enhancement Act of 2011
clarifies the authority of the Forest Service to permit appropriate
summer or year-round activities for ski areas. My bill will expand
access to outdoor recreation, providing more opportunities for families
to spend time outdoors. In the 2010/2011 ski season, there were over 60
million skier/snowboarder visits to American ski areas with nearly 21
million visits in the Rocky Mountain region. Providing summer
recreation opportunities at already developed ski areas means winter
guests will be more likely to return to their favorite spots at other
times of the year. It will also provide substantial benefits to our
local economies, and help create stable, year-round jobs in the
thirteen states that are currently home to ski resorts on public land.
The Outdoor Industry Association estimates active outdoor recreation,
including activities at ski areas, contributes $730 billion to the U.S.
economy annually.
Furthermore, the act makes a commonsense change to the Ski Area
Permit Act by expanding permitted activities to include snow sports
such as snowboarding. Snowboarding now accounts for roughly 1/3 of all
ski area
[[Page H6473]]
visits, and the law should reflect the reality of current winter
activities.
I am proud to bring this bill to the floor today with broad bi-
partisan support. We have worked closely with the Forest Service to
develop a piece of legislation that is amenable to all affected
parties, and I urge my colleagues to support this sensible piece of
legislation.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 765, ``The Ski Area Recreational Opportunity Enhancement Act of
2011,'' which amends the National Forest Ski Area Permit Act of 1986 to
require the term and acreage of permits for the operation of ski areas
and associated facilities on National Forest System lands to be
governed by provisions under the Act relating to such permits and other
applicable law. Furthermore, this legislation provides for the issuance
of permits for the use and occupancy of suitable lands within the
National Forest System for skiing and other snow sports and
recreational uses authorized pursuant to this Act.
The Ski Area Recreational Opportunity Enhancement Act provides the
American public with added ways to use and enjoy federally governed
land. It is in a spirit of encouraging increased camaraderie, outdoor
recreation and enjoyment of nature that I support providing an expanded
opportunity for Americans to benefit from the natural resources in
their own back yard. It is the responsibility of all Members of
Congress to fulfill our moral obligation to promote harmony between
Americans and the vast opportunities for outdoor recreation throughout
the country. Additionally, this legislation serves to create revenue by
allowing for additional permits, bolstering ski and winter recreation
industries.
In the State of Texas, we have nearly 675,000 acres of public land
that the U.S. Forest Service manages. This land is divided into four
National Forests in east Texas and the National Grasslands in northeast
Texas. Of the four National Forests, the 18th district is home to the
Sam Houston National Forest. The Sam Houston National Forest consists
of 161,508 acres with 47,609 acres in Montgomery County, 59,746 acres
in San Jacinto County, and 54,153 acres in Walker County. The national
forests in Texas were established by an act of the Texas legislature in
1933 that authorized the purchase of lands for the national forest
system. These lands are operated under a Memorandum of Agreement with
the U.S. Forest Service. Fishing, trapping, and public hunting of
white-tailed deer, feral hog, waterfowl, dove, other migratory game
birds, squirrel, quail, rabbits, hares, predators, furbearers, and
frogs is permitted. Other outdoor recreation opportunities include
camping, hiking, bicycling, and wildlife viewing.
In 1960, the Multiple Use-Sustained Yield Act codified into law the
practices that had governed the management of national forests in Texas
for 30 years. This act emphasized that resources on public lands would
be managed so that they are used in the combination that will best meet
the needs of the people, that the benefits obtained will exist
indefinitely and that each each natural resource would be managed in
balance with other resources to meet present and future public needs.
Management plans outline direction for a forest under the multiple-
use concept. However, even the most carefully planned system of
management cannot foresee environmental or natural factors which can
cause drastic changes in a forest. Fire, storms, insects and disease,
for example, can alter the way a forest is managed.
H.R. 765, ``The Ski Area Recreational Opportunity Enhancement Act of
2011,'' provides for the issuance of permits for the use and occupancy
of suitable lands within the National Forest System for skiing and
other snow sports and recreational uses, highlighting the climate and
recreational opportunities unique to specific regions of the nation.
Since our nation's founding, we have marveled with immense pride at our
vast natural resources, and this legislation serves to celebrate them.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 765.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________