II 

112TH CONGRESS 

1ST SESSION S. 382 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. UDALL of Colorado (for himself and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

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 is 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 2011’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to amend the National 

3 Forest Ski Area Permit Act of 1986 (16 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 of Agriculture under section 3 of 

8 the National Forest Ski Area Permit Act of 1986 

9 (16 U.S.C. 497b); and 

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

11 Agriculture to permit appropriate additional sea12 sonal or year-round recreational activities and facili13 ties on National Forest System land subject to ski 

14 area permits issued by the Secretary of Agriculture 

15 under section 3 of the National Forest Ski Area 

16 Permit Act of 1986 (16 U.S.C. 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 recreational uses authorized 

2 by this Act’’; 

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

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

5 (4) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) OTHER RECREATIONAL USES.— 

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

9 the terms of a ski area permit issued pursuant to 

10 subsection (b), the Secretary may authorize a ski 

11 area permittee to provide such other seasonal or 

12 year-round natural resource-based recreational ac13 tivities and associated facilities (in addition to skiing 

14 and other snow-sports) on National Forest System 

15 land subject to a ski area permit as the Secretary 

16 determines to be appropriate. 

17 ‘‘(2) REQUIREMENTS.—Each activity and facil18 ity authorized by the Secretary under paragraph (1) 

19 shall— 

20 ‘‘(A) encourage outdoor recreation and en21 joyment of nature; 

22 ‘‘(B) to the extent practicable— 

23 ‘‘(i) harmonize with the natural envi24 ronment of the National Forest System 


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1 land on which the activity or facility is lo2 cated; and 

3 ‘‘(ii) be located within the developed 

4 portions of the ski area; 

5 ‘‘(C) be subject to such terms and condi6 tions as the Secretary determines to be appro7 priate; and 

8 ‘‘(D) be authorized in accordance with— 

9 ‘‘(i) the applicable land and resource 

10 management plan; and 

11 ‘‘(ii) applicable laws (including regula12 tions). 

13 ‘‘(3) INCLUSIONS.—Activities and facilities that 

14 may, in appropriate circumstances, be authorized 

15 under paragraph (1) include— 

16 ‘‘(A) zip lines; 

17 ‘‘(B) mountain bike terrain parks and 

18 trails; 

19 ‘‘(C) frisbee golf courses; and 

20 ‘‘(D) ropes courses. 

21 ‘‘(4) EXCLUSIONS.—Activities and facilities 

22 that are prohibited under paragraph (1) include— 

23 ‘‘(A) tennis courts; 

24 ‘‘(B) water slides and water parks; 

25 ‘‘(C) swimming pools; 


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1 ‘‘(D) golf courses; and 

2 ‘‘(E) amusement parks. 

3 ‘‘(5) LIMITATION.—The Secretary may not au4 thorize any activity or facility under paragraph (1) 

5 if the Secretary determines that the authorization of 

6 the activity or facility would result in the primary 

7 recreational purpose of the ski area permit to be a 

8 purpose other than skiing and other snow-sports. 

9 ‘‘(6) BOUNDARY DETERMINATION.—In deter10 mining the acreage encompassed by a ski area per11 mit under subsection (b)(3), the Secretary shall not 

12 consider the acreage necessary for activities and fa13 cilities authorized under paragraph (1). 

14 ‘‘(7) EFFECT ON EXISTING AUTHORIZED AC15 TIVITIES AND FACILITIES.—Nothing in this sub16 section affects any activity or facility authorized by 

17 a ski area permit in effect on the date of enactment 

18 of this subsection during the term of the permit.’’; 

19 (5) by striking subsection (d) (as redesignated 

20 by paragraph (3)), and inserting the following: 

21 ‘‘(d) REGULATIONS.—Not later than 2 years after 

22 the date of enactment of this subsection, the Secretary 

23 shall promulgate regulations to implement this section.’’; 

24 and 


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1 (6) in subsection (e) (as redesignated by para2 graph (3)), by striking ‘‘the National Environmental 

3 Policy Act, or the Forest and Rangelands Renewable 

4 Resources Planning Act as amended by the National 

5 Forest Management Act’’ and inserting ‘‘the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 

7 4321 et seq.) and the Forest and Rangeland Renew8 able Resources Planning Act of 1974 (16 U.S.C. 

9 1600 et seq.)’’. 

10 SEC. 4. EFFECT. 

11 Nothing in the amendments made by this Act estab12 lishes a legal preference for the holder of a ski area permit 

13 to provide activities and associated facilities authorized by 

14 section 3(c) of the National Forest Ski Area Permit Act 

15 of 1986 (16 U.S.C. 497b(c)) (as amended by section 3). 

Æ 


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