[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.

                          ____________________