99–010 

Calendar No. 135 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–55 

SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT 

ACT 

AUGUST 30 (legislative day, AUGUST 2), 2011.—Ordered to be printed 

Filed under authority of the order of the Senate of August 2, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 382] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 382) 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, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 382 is to amend the National Forest Ski Area 

Permit Act of 1986 to authorize the Secretary of Agriculture to permit additional recreational activities and associated facilities on 

National Forest System land that is subject to a ski area permit. 

BACKGROUND AND NEED

The National Forest Ski Area Permit Act of 1986 (Public Law 

99–522) authorizes the Secretary of Agriculture ‘‘to issue permits 

. . . for the use and occupancy of suitable lands within the National Forest System for nordic and alpine skiing operations and 

purposes.’’ 16 U.S.C. 497b. The Forest Service’s regulations implementing that Act define a ‘‘ski area’’ as ‘‘a site and attendant facilities expressly developed to accommodate alpine or nordic skiing 

and from which the preponderance of revenue is generated by the 

sale of lift tickets and fees for ski rentals, for skiing instruction and 


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trail passes for the use of permittee-maintained ski trails. A ski 

area may also include ancillary facilities directly related to the operation and support of skiing activities.’’ 36 C.F.R. 251.51 (2009). 

The Forest Service has permitted more than 120 ski areas on 

National Forest System land in 13 States. Many of these areas provide for uses other than nordic and alpine skiing, such as snowboarding and sledding, and some have been permitted to provide 

for summer activities such as mountain biking, disc-golf (or ‘‘frisbee 

golf’’) courses, and zip lines. The interest in such non-skiing activities by the permit holders and the public has grown significantly 

over the years, and the interest in expanding summer uses is expected to grow in the future. 

S. 382 would provide clear authority for the Secretary to issue 

ski area permits that authorize a broader range of winter and summer activities for the public at ski areas on National Forest System 

land, along with some general direction regarding which activities 

would be appropriate. 

LEGISLATIVE HISTORY

S. 382 was introduced by Senators Udall of Colorado and Barrasso on February 17, 2011, and is cosponsored by 10 other Senators. The Subcommittee on Public Lands and Forests held a hearing on the bill on May 18, 2011 (S. Hrg. 112–39). At its business 

meeting on July 14, 2011, the Committee on Energy and Natural 

Resources ordered S. 382 favorably reported without amendment. 

In the 111th Congress, the Committee reported an identical bill (S. 

607; S. Rept. 111–304) and the House of Representatives passed a 

similar bill (H.R. 2476, by voice vote on July 30, 2010). 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 14, 2011, by a voice vote of a quorum present, 

recommends that the Senate pass S. 382. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title for the bill. 

Section 2 provides the purpose for the bill. 

Section 3 of the bill amends section 3 of the National Forest Ski 

Area Permit Act of 1986 (‘‘Ski Area Act’’) (16 U.S.C. 497b). 

Paragraphs (1) and (2) of section 3 of the bill amend subsections 

(a) and (b) of section 3 of the Ski Area Act to provide the Secretary 

of Agriculture with general authority to issue permits for ski areas 

and associated facilities on National Forest System land not only 

for nordic and alpine skiing, but also for skiing and other snow 

sports and recreational uses. 

Paragraphs (3) and (4) provide for the addition of a new subsection (c) in section 3 of the Ski Area Act. The new subsection (c) 

provides specific authority to the Secretary to authorize ski area 

permittees to provide to the public certain seasonal and year-round 

natural resource-based recreational activities and associated facilities on National Forest System land. Each activity authorized 

under the new subsection would have to meet specified requirements designed to ensure that the new activities are appropriate 

for National Forest System land, that they do not expand the deVerDate Mar 15 2010 05:12 Sep 01, 2011 Jkt 099010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR055.XXX SR055

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veloped footprint of the ski area, and that they remain an ancillary 

use under the permit. The amendment includes illustrative lists of 

activities that may—and would not—be permissible. For example, 

the Secretary is precluded from permitting amusement parks, but 

may, in appropriate circumstances that meet the requirements of 

the amendment, permit a collection of features such as zip lines, 

mountain-bike trails, and other recreational activities. The new 

subsection also includes a provision clarifying that it does not affect 

any activities or facilities authorized in a current ski area permit 

during the term of that permit. For example, an activity that currently is authorized in a ski area permit but that would not be permissible under the proposed amendment would not be precluded by 

the amendment from continuing for the remainder of the term of 

that permit. 

Paragraph (5) amends section 3 of the Ski Area Act to direct the 

Secretary to promulgate regulations for ski area permits. 

Paragraph (6) makes conforming changes to a number of citations of existing laws in the Ski Area Act. 

Section 4 of the bill clarifies that that the new authority provided 

to the Secretary to permit additional recreational activities under 

the new subsection (c) of the Ski Area Act does not create a legal 

preference for the permittee to provide those activities to the public 

on the National Forest System land subject to the permit. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 382—Ski Area Recreational Opportunity Enhancement Act of 

2011 

S. 382 would expand the authority of the Forest Service to allow 

ski concessioners to offer additional recreational services on public 

lands. Based on information provided by the agency, CBO estimates that enacting the legislation would have no significant impact on the federal budget. The Forest Service already has authority to allow its concessioners to provide certain off-season and other 

recreational services at ski resorts. Expanding that authority could 

increase the agency’s collection of fees from ski concessioners (currently yielding offsetting receipts to the Treasury of about $30 million a year), but CBO estimates that any increase would total less 

than $500,000 a year. 

Because enacting the legislation could result in additional offsetting receipts ( a credit against direct spending), pay-as-you-go procedures apply. Enacting S. 382 would not affect revenues. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would impose no costs on state, local, or tribal governments. 

On June 27, 2011, CBO transmitted a cost estimate for H.R. 765, 

the Ski Area Recreational Opportunity Enhancement Act of 2011, 

as ordered reported by the House Committee on Natural Resources 

on June 15, 2011. The two pieces of legislation are similar, and 

CBO’s estimate of their budgetary impact is the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 382. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 382, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 382, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Forest Service at the May 18, 

2011, hearing on S. 382 follows. 

STATEMENT OF MARY WAGNER, ASSOCIATE CHIEF, FOREST

SERVICE DEPARTMENT OF AGRICULTURE

Mr. Chairman and Members of the Subcommittee, I am 

Mary Wagner, Associate Chief for the U.S. Forest Service. 

Thank you for the opportunity to appear before you to provide the views of the U.S. Department of Agriculture 

(USDA) on S. 382, the Ski Area Recreational Opportunity 

Enhancement Act of 2011. 

S. 382 would amend the National Forest Ski Area Permit Act of 1986 to authorize the Secretary to permit seasonal or year-round natural resource-based recreational activities and associated facilities at ski areas, in addition to 

those that support Nordic and alpine skiing and other 

snow sports that are currently authorized by the Act. 

The Department supports S. 382 and wishes to thank 

the Members of the Committee for addressing the concerns 

expressed when we testified last Congress on S. 607. Like 

its predecessor, S. 382 would promote seasonal or yearround recreation opportunities at ski resorts on National 

Forest System lands and, by doing so, would expand the 

opportunities for ski areas to attract visitors during all 

four seasons. 

The additional seasonal or year-round recreational activities and associated facilities authorized by the bill 

would have to encourage outdoor recreation and enjoyment 

of nature and, to the extent practicable, would have to harmonize with the natural environment. The bill specifies 

certain recreational activities and facilities that could, 

under appropriate circumstances, be authorized and those 

that would be excluded from authorization. The bill would 

make clear that the primary purpose of the authorized use 


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and occupancy would continue to be skiing and other snow 

sports. 

There are 122 ski areas operating under permit on National Forest System lands. These ski areas occupy less 

than 1 percent of all National Forest System lands. Nevertheless, about one-fifth of all recreation in national forests 

occurs at these sik areas. The ski areas are some of the 

most developed sites in the national forests. However, for 

many Americans, ski areas are portals to the national forests and a means to greater appreciation of the natural 

world. 

Focusing more of developed outdoor recreational activities within ski areas is appropriate and would reduce impacts on less developed areas in the national forests. If S. 

382 is enacted, we would develop criteria for the types of 

seasonal or year-round activities that would be appropriate 

at ski areas to provide a basis for case-specific proposals 

at the local level in accordance with established law, regulations, and procedures including the Secretary’s duties to 

involve the public in his decision-making and planning for 

the national forests. 

In summary, this legislation would encourage greater 

recreational use of the national forests and would concentrate highly developed recreation in areas that are currently among the most develooped sites in national forests. 

In addition, the legislation would enhance the long-term 

viability of the ski areas on National Forest System lands 

and the adjoining rural economies. 

Mr. Chairman and Members of the Subcommittee, this 

concludes my testimony. I’ll be happy to answer any of 

your questions. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

382 as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

NATIONAL FOREST SKI AREA PERMIT ACT OF 1986 

(Public Law 99–522; Approved October 22, 1986) 

[16 U.S.C. 497b] 

AN ACT To establish a ski area permit system on national forest lands, and for 

other purposes 

* * * * * * * 

SEC. 3. SKI AREA PERMITS. 

(a) LAW APPLICABLE TO PERMITS.—The provisions of the Act of 

March 4, 1915 (16 U.S.C. 497) notwithstanding, the term and acreage of permits for the operation of ønordic and alpine ski areas and 

facilities¿ ski areas and associated facilities on National Forest 


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System lands shall henceforth be governed by this Act and other 

applicable law. 

(b) AUTHORITY.—The Secretary of Agriculture (hereinafter referred to as ‘‘the Secretary’’) is authorized to issue permits (hereinafter referred to as ‘‘ski area permits’’) for the use and occupancy 

of suitable lands within the National Forest System for ønordic and 

alpine skiing operations and purposes¿ skiing and other snow 

sports and recreational uses authorized by this Act. A ski area permit— 

(1) may be issued for a term not to exceed 40 years; 

(2) shall ordinarily be issued for a term of 40 years (unless 

the Secretary determines that the facilities or operations are of 

a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term; 

(3) shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee’s needs for ski operations and appropriate ancillary facilities; 

(4) may be renewed at the discretion of the Secretary; 

(5) may be cancelled by the Secretary in whole or in part for 

any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that 

the permitted area is needed for higher public purposes; 

(6) may be modified from time to time by the Secretary to 

accommodate changes in plans or operations in accordance 

with the provisions of applicable law; 

(7) shall be subject to such reasonable terms and conditions 

as the Secretary deems appropriate; and 

(8) shall be subject to a permit fee based on fair market 

value in accordance with applicable law. 

(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 


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(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. 

ø(c) RULES AND REGULATIONS.—Within one year after the date of 

enactment of this Act, the Secretary shall promulgate rules and 

regulations to implement the provisions of this Act, and shall, to 

the extent practicable and with the consent of existing permit holders, convert all existing ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act within 3 years of the date of enactment of this 

Act.¿ 

(d) REGULATIONS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations 

to implement this section. 

ø(d)¿ (e) Nothing in this Act shall be deemed to amend, modify 

or otherwise affect the Secretary’s duties under øthe National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act¿ 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.), including his 

duties to involve the public in his decisionmaking and planning for 

the national forests. 

Æ 


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