89–006 

111TH CONGRESS REPT. 111–533 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT 

ACT OF 2010 

JULY 13, 2010.—Ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2476] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred 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, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 


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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 infrastructure (in addition to skiing and other snowsports) as the Secretary determines to be appropriate. 

‘‘(2) REQUIREMENTS.—Any activity or infrastructure 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 or infrastructure 

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) IN GENERAL.—The Secretary may not authorize an activity or infrastructure under paragraph (1) if the Secretary determines that the authorization of the activity or infrastructure would result in the primary recreational purpose of the National Forest System land that is subject to a 

ski area permit to be a purpose other than skiing or any other snow-sport. 

‘‘(B) REVENUE TEST.—In applying the primary recreational purpose requirement, the Secretary may only authorize an activity or infrastructure 

under paragraph (1) to the extent that the skiing and snow-sport season 

component of the rental charge under the ski area permit, as determined 

under section 701 of division I of the Omnibus Parks and Public Lands 

Management Act 1996 (16 U.S.C. 497c), remains greater than the portion 

of the rental charge that would be generated outside the skiing and snowsport season. 

‘‘(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 ACTIVITIES AND FACILITIES.—Nothing in this subsection affects any activity or facility approved or permitted by the Secretary 

on or before the date of enactment of this subsection.’’; 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 1 year 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.). 

PURPOSE OF THE BILL

The purpose of H.R. 2476 is 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. 


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BACKGROUND AND NEED FOR LEGISLATION

The National Forest Ski Permit Act of 1986 outlines the terms 

and conditions under which the U.S. Forest Service may permit the 

development of alpine and Nordic ski areas on National Forest 

lands. However, the Act does not provide the Secretary with the 

discretion to determine if winter sports beyond skiing or summer 

outdoor recreational activities should be allowed on Forest Service 

lands governed by a ski area permit. 

H.R. 2476 authorizes the Secretary to expand the scope of ski 

area permits to allow for additional snow sports and seasonal activities that may be suitable on National Forest System lands such 

as snow boarding, zip lines, and climbing walls. These activities 

would only be authorized if they encouraged outdoor recreation 

and, to the extent practicable, harmonized with the natural environment, including blending the color of any new infrastructure 

with its surroundings. 

H.R. 2476 specifically prohibits the terms of a ski permit from 

authorizing recreational uses on Forest Service lands wherein the 

primary purpose is not skiing or other snow sports. 

COMMITTEE ACTION

H.R. 2476 was introduced on May 19, 2009, by Representative 

Diana DeGette (D–CO). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests and Public Lands. The bill was also referred to the Committee on Agriculture. On November 5, 2009, the 

Subcommittee on National Parks, Forests, and Public Lands held 

a hearing on the bill, during which a representative of the U.S. 

Forest Service testified in support of the legislation and proposed 

technical amendments. 

On December 16, 2009, the Subcommittee was discharged from 

further consideration of H.R. 2476 and the full Natural Resources 

Committee met to consider the bill. Representative DeGette offered 

an amendment in the nature of a substitute to make technical 

changes to ensure an appropriate natural resource-based experience for visitors to the National Forests while protecting the natural environment. The amendment in the nature of a substitute 

was adopted by voice vote. The bill, as amended, was then ordered 

favorably reported to the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this bill may be cited as the ‘‘Ski Area 

Recreational Opportunity Enhancement Act of 2009’’. 

Section 2. Purpose 

Section 2 defines the purpose of this Act as amending the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) to allow 

for snow sports, in addition to nordic and alpine skiing, to be permitted on National Forest System land. The Secretary of Agriculture’s authority to permit year-round recreational activities on 

lands subject to ski area permits is clarified. 


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Section 3. Ski area permits 

Section 3 amends the National Forest Ski Area Permit Act of 

1986 (16 U.S.C. 497b) in several ways. First, it strikes ‘‘nordic and 

alpine ski areas and facilities’’ in subsection (a) and replaces it 

with ‘‘ski areas and associated facilities’’. Next, it strikes in subsection (b) ‘‘nordic and alpine skiing operations and purposes’’ and 

inserts ‘‘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)’’. These 

amendments to the Act are intended to clarify the types of recreational activities allowed on lands subject to ski area permits. 

Section 3 also adds a new subsection ‘‘(c) OTHER RECREATIONAL USES’’ to the National Forest Ski Area Permit Act of 

1986, which outlines the conditions necessary for the Secretary to 

authorize seasonal or year-round natural resource-based recreational activities on lands subject to ski area permits. There are 

five subsections to the new subsection (c). 

The new subsection (c)(1) gives the Secretary the authority to authorize year-round natural resource-based activities. 

The new subsection (c)(2) requires that year-round activities 

shall encourage outdoor recreation and enjoyment of nature; shall 

harmonize with the natural environment; shall be located within 

the portions of the ski permit area that are developed to support 

skiing and other snow sports; shall be consistent with the forest 

management plan; and shall be subject to the terms and conditions 

the Secretary determines to be appropriate. 

The new subsection (c)(3) states that the Secretary may not authorize an activity that would change the primary recreational purpose of the land subject to the ski area permit to be a purpose 

other than skiing and snow-sports. The Secretary may only authorize an activity if the rental charge revenue under the ski area permit remains greater than the rental charge generated outside the 

skiing and snow-sport season. 

The new subsection (c)(4) states that the Secretary shall not consider the need for activities other than skiing and other snow 

sports when determining the boundaries of a ski area permit. 

Lastly, the new subsection (c)(5) allows any activity approved or 

permitted before the date of enactment of this subsection to continue. 

Section 4. Effect 

Section 4 states that nothing in this Act affects any authority or 

duty of the Secretary of Agriculture under any federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4312 

et seq.), other than the National Forest Ski Area Permit Act of 

1986 (16 U.S.C. 497b). 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Article IV, section 3 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is 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. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2476—Ski Area Recreational Opportunity Enhancement Act of 

2009 

H.R. 2476 would clarify 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 bill would have no significant effect on 

the federal budget. The Forest Service already has authority to 

allow its concessioners to provide off-season and other recreational 

services at ski resorts. Clarifying that authority could facilitate the 

agency’s collection of offsetting receipts from ski concessioners (currently about $30 million a year), but CBO estimates that any increase, which would be deposited in the U.S. Treasury, would total 

less than $500,000 a year. 

The bill 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. 

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

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 


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EARMARK STATEMENT

H.R. 2476 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as 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 

* * * * * * * 

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 

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 snowsports and such other seasonal or year-round recreational activities 

associated with mountain resorts as the Secretary may authorize 

pursuant to subsection (c). A ski area permit— 

(1) * * * 

* * * * * * * 

(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 infrastructure (in addition to skiing and 

other snow-sports) as the Secretary determines to be appropriate. 

(2) REQUIREMENTS.—Any activity or infrastructure 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 or infrastructure is located; 


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(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) IN GENERAL.—The Secretary may not authorize an 

activity or infrastructure under paragraph (1) if the Secretary determines that the authorization of the activity or 

infrastructure would result in the primary recreational purpose of the National Forest System land that is subject to 

a ski area permit to be a purpose other than skiing or any 

other snow-sport. 

(B) REVENUE TEST.—In applying the primary recreational purpose requirement, the Secretary may only authorize an activity or infrastructure under paragraph (1) to 

the extent that the skiing and snow-sport season component 

of the rental charge under the ski area permit, as determined under section 701 of division I of the Omnibus Parks 

and Public Lands Management Act 1996 (16 U.S.C. 497c), 

remains greater than the portion of the rental charge that 

would be generated outside the skiing and snow-sport season. 

(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 ACTIVITIES AND FACILITIES.—Nothing 

in this subsection affects any activity or facility approved or 

permitted by the Secretary on or before the date of enactment 

of this subsection. 

ø(c)¿ (d) RULES AND REGULATIONS.—øWithin one year after the 

date of enactment of this Act, the¿ Not later than 1 year after the 

date of enactment of the Ski Area Recreational Opportunity Enhancement Act of 2010, 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 øwithin 3 years of the date of enactment of this 

Act¿. 

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

or otherwise affect the Secretary’s duties under the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act, including his duties to involve the public in his decisionmaking and planning for the national forests. 

* * * * * * * 

Æ 


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