I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2009 

Ms. DEGETTE (for herself and Mrs. MCMORRIS RODGERS) introduced the following bill; which was referred to the Committee on Agriculture, and in 

addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ski Area Recreational 

5 Opportunity Enhancement Act of 2009’’. 


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1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) it is in the national interest to provide, and 

4 encourage citizens of the United States to take ad5 vantage of, opportunities during all 4 seasons to en6 gage in outdoor recreational activities that could 

7 contribute to the health and well-being of the citi8 zens of the United States; 

9 (2) as of 2009, under Federal law (including 

10 regulations), National Forest System land has been 

11 managed in ways that— 

12 (A) encourage understanding and apprecia13 tion of nature and the importance of conserving 

14 natural resources; and 

15 (B) provide year-round opportunities for 

16 natural resource-based, outdoor-developed rec17 reational activities outside of urban settings; 

18 (3) by increasing the extent to which National 

19 Forest System land is managed to provide opportu20 nities for outdoor recreational activities, more citi21 zens of the United States may gain the opportunity 

22 to engage in such activities; 

23 (4) National Forest System land that is used 

24 for skiing and other snow-sports can provide addi25 tional opportunities for seasonal and year-round rec26 reational activities, which promotes jobs and enVerDate Nov 24 2008 02:33 May 20, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2476.IH H2476

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1 hances the economy of local communities that serve 

2 these areas as well as the State and the United 

3 States; 

4 (5) the authorization of increased use of certain 

5 National Forest System land for seasonal and year6 round recreational activities and associated facilities 

7 can reduce the impact of such activities and facilities 

8 on other National Forest System land; and 

9 (6) it is desirable to amend the National Forest 

10 Ski Area Permit Act of 1986 (16 U.S.C. 497b)— 

11 (A) to enable snow-sports (other than nor12 dic and alpine skiing) to be permitted on Na13 tional Forest System land, subject to ski area 

14 permits issued by the Secretary of Agriculture 

15 (referred to in this Act as the ‘‘Secretary’’) 

16 under section 3 of the National Forest Ski Area 

17 Permit Act of 1986 (16 U.S.C. 497b); and 

18 (B) to clarify the authority of the Sec19 retary to permit appropriate additional seasonal 

20 or year-round recreational activities and facili21 ties on National Forest System land, subject to 

22 ski area permits issued by the Secretary under 

23 section 3 of the National Forest Ski Area Per24 mit Act of 1986 (16 U.S.C. 497b). 


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1 (b) PURPOSE.—The purpose of this Act is to amend 

2 the National Forest Ski Area Permit Act of 1986 (16 

3 U.S.C. 497b)— 

4 (1) to enable snow-sports (other than nordic 

5 and alpine skiing) to be permitted on National For6 est System land, subject to ski area permits issued 

7 by the Secretary under section 3 of the National 

8 Forest Ski Area Permit Act of 1986 (16 U.S.C. 

9 497b); and 

10 (2) to clarify the authority of the Secretary to 

11 permit appropriate additional seasonal or year-round 

12 recreational activities and facilities on National For13 est System land, subject to ski area permits issued 

14 by the Secretary under section 3 of the National 

15 Forest Ski Area Permit Act of 1986 (16 U.S.C. 

16 497b). 

17 SEC. 3. SKI AREA PERMITS. 

18 Section 3 of the National Forest Ski Area Permit Act 

19 of 1986 (16 U.S.C. 497b) is amended— 

20 (1) in subsection (a), by striking ‘‘nordic and 

21 alpine ski areas and facilities’’ and inserting ‘‘ski 

22 areas and associated facilities’’; 

23 (2) in subsection (b), in the matter preceding 

24 paragraph (1), by striking ‘‘nordic and alpine skiing 

25 operations and purposes’’ and inserting ‘‘skiing and 


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1 other snow-sports and such other seasonal or year2 round recreational activities associated with moun3 tain resorts as the Secretary may authorize pursuant 

4 to subsection (c)’’; 

5 (3) by redesignating subsections (c) and (d) as 

6 subsections (d) and (e), respectively; 

7 (4) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) OTHER RECREATIONAL USES.— 

10 ‘‘(1) AUTHORITY OF SECRETARY.—Subject to 

11 paragraphs (2) and (3), the Secretary may authorize 

12 the holder of a ski area permit issued pursuant to 

13 subsection (b) to provide on National Forest System 

14 land subject to the ski area permit such other sea15 sonal or year-round natural resource-based, outdoor16 developed recreational activities and associated facili17 ties (in addition to skiing and other snow-sports) as 

18 the Secretary determines to be appropriate. 

19 ‘‘(2) REQUIREMENT OF ACTIVITIES AND FACILI20 TIES.—Each activity and facility authorized by the 

21 Secretary under paragraph (1) shall— 

22 ‘‘(A) encourage outdoor recreation; 

23 ‘‘(B) to the extent practicable, harmonize 

24 with the natural environment of the National 


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1 Forest System land on which the activity or fa2 cility is located; and 

3 ‘‘(C) be subject to such terms and condi4 tions as the Secretary determines to be appro5 priate. 

6 ‘‘(3) LIMITATION.—The Secretary may not au7 thorize any activity or facility under paragraph (1) 

8 if the Secretary determines that the authorization of 

9 the activity or facility would result in the primary 

10 recreational purpose of a National Forest System 

11 land that is subject to a ski area permit to be a pur12 pose other than skiing or any other snow-sport.’’; 

13 and 

14 (5) in subsection (d) (as redesignated by para15 graph (3))— 

16 (A) by striking ‘‘Within one year after the 

17 date of enactment of this Act, the’’ and insert18 ing ‘‘Not later than 1 year after the date of en19 actment of the Ski Area Recreational Oppor20 tunity Enhancement Act of 2009, the’’; and 

21 (B) by striking ‘‘within 3 years of the date 

22 of enactment of this Act’’. 

23 SEC. 4. EFFECT. 

24 Nothing in this Act (including an amendment made 

25 by this Act) affects any authority of the Secretary (includVerDate Nov 24 2008 02:33 May 20, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2476.IH H2476

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1 ing the authority of the Secretary with respect to rec2 reational activities or facilities located on National Forest 

3 System land) under any Federal law (including regula4 tions) other than the National Forest Ski Area Permit Act 

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

Æ 


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