PUBLIC LAW 112–46—NOV. 7, 2011 

SKI AREA RECREATIONAL OPPORTUNITY 

ENHANCEMENT ACT OF 2011 


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125 STAT. 538 PUBLIC LAW 112–46—NOV. 7, 2011 

Public Law 112–46 

112th Congress 

An Act 

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. 

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 

16 USC 497b 

note. 

16 USC 497b 

note. 

Ski Area 

Recreational 

Opportunity 

Enhancement 

Act of 2011. 

Nov. 7, 2011 

[H.R. 765] 


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PUBLIC LAW 112–46—NOV. 7, 2011 125 STAT. 539 

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 snowsports. 

‘‘(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 

Deadline. 


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125 STAT. 540 PUBLIC LAW 112–46—NOV. 7, 2011 

LEGISLATIVE HISTORY—H.R. 765 (S. 382): 

HOUSE REPORTS: No. 112–164, Pt. 1 (Comm. on Natural Resources). 

SENATE REPORTS: No. 112–55 (Comm. on Energy and Natural Resources) accompanying S. 382. 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Oct. 3, considered and passed House. 

Oct. 18, considered and passed Senate. 

Æ 

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). 

Approved November 7, 2011. 

16 USC 497b 

note. 


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