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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2476 Received in Senate (RDS)]

111th CONGRESS
  2d Session
                                H. R. 2476

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2010

                                Received

_______________________________________________________________________

                                 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 are 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 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 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 facilities or improvements (in 
        addition to skiing and other snow-sports) as the Secretary 
        determines to be appropriate.
            ``(2) Requirements.--Any activity, facility, or improvement 
        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, facility, or improvement 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) Purpose test.--The Secretary may not 
                authorize an activity, facility, or improvement under 
                paragraph (1) if the Secretary determines that the 
                authorization of the activity, facility, or improvement 
                would result in the primary recreational purpose of the 
                National Forest System land subject to the ski area 
                permit to be a purpose other than skiing or any other 
                snow-sport.
                    ``(B) Revenue test.--To ensure that National Forest 
                System lands subject to a ski area permit continue to 
                be used predominately for skiing and other snow sports, 
                the Secretary may authorize an activity, facility, or 
                improvement under paragraph (1) only to the extent that 
                the majority of the revenue of the ski area is 
                generated by the sale of lift tickets and fees for ski 
                and other snow-sport rentals, skiing and other snow-
                sport instruction, ski trail passes for the use of 
                trails maintained by the permit holder, and ancillary 
                facilities related to the operation and support of 
                skiing and other snow-sport activities.
            ``(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 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.''; 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 18 months 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.).

SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 30 (legislative 
      day July 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.
```