99–006 

112TH CONGRESS REPT. 112–164 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT 

ACT OF 2011 

JULY 20, 2011.—Ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 765] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 765) 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, report favorably thereon without 

amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 765 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 is subject to ski area permits. 

BACKGROUND AND NEED FOR LEGISLATION

The Ski Area Recreational Opportunity Enhancement Act of 

2011, H.R. 765, amends the National Forest Ski Area Permit Act 

of 1986 to authorize the Secretary of Agriculture to permit seasonal 

and 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. Current law does not address activities 

other than Nordic and alpine skiing, snow sports, and their ancillary facilities at ski areas on U.S. Forest Service lands. Congress 

intended the term ‘‘appropriate ancillary facilities’’ to include ‘‘only 

those facilities directly necessary for the operation and support of 


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a winter sports facility.’’ This legislation would allow for new activities such as ziplines, climbing walls, mountain biking, and alpine 

slides. 

The additional seasonal and year-round recreational activities 

and associated facilities authorized by the bill would encourage outdoor recreation and require such activities to harmonize with the 

natural environment. The bill would make clear that the primary 

purpose of the authorized use and occupancy would continue to be 

skiing and other snow sports. This legislation will not waive existing laws such as the Endangered Species Act and the National Environmental Policy Act to allow for these new activities to take 

place. Ski areas on Forest Service lands are themselves ‘‘developed 

sites’’ so these new activities will be keeping with the intended use 

of these areas. 

COMMITTEE ACTION

H.R. 765 was introduced on February 17, 2011, by Congressman 

Rob Bishop (R-UT). 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 primarily referred to the Committee on Agriculture. On May 4, 2011, the Subcommittee on National Parks, Forests and Public Lands held a 

hearing on the bill. On June 15, 2011, the Full Resources Committee met to consider the bill. The Subcommittee on National 

Parks, Forests and Public Lands was discharged by unanimous 

consent. No amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous 

consent. 

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. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 765—Ski Area Recreational Opportunity Enhancement Act of 

2011 

H.R. 765 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, CB0 esVerDate Mar 15 2010 06:30 Jul 21, 2011 Jkt 099006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR164P1.XXX HR164P1

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timates 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 H.R. 765 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. 

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

for Budget Analysis. 

2. Section 308(a) of 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 tax expenditures. 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 offseason 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 H.R. 

765 would not affect revenues. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

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 omitVerDate Mar 15 2010 06:30 Jul 21, 2011 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR164P1.XXX HR164P1

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ted 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 snow 

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

(1) * * * 

* * * * * * * 

(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 

(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. 


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(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 FACILI- TIES.—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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