II 

Calendar No. 135 

112TH CONGRESS 

1ST SESSION S. 382 

[Report No. 112–55] 

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, Mr. BARRASSO, Mr. ENSIGN, Mrs. MURRAY, Mr. BINGAMAN, Mr. BENNET, Mr. RISCH, Mrs. SHAHEEN, Mr. 

ENZI, Mr. HELLER, Mrs. FEINSTEIN, and Ms. CANTWELL) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported under authority of the order of the Senate of August 2, 2011, by 

Mr. BINGAMAN, without amendment 

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. 


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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’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to amend the National 

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

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

10 and alpine skiing) to be permitted on National For11 est System land subject to ski area permits issued 

12 by the Secretary of Agriculture under section 3 of 

13 the National Forest Ski Area Permit Act of 1986 

14 (16 U.S.C. 497b); and 

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

16 Agriculture to permit appropriate additional sea17 sonal or year-round recreational activities and facili18 ties on National Forest System land subject to ski 

19 area permits issued by the Secretary of Agriculture 

20 under section 3 of the National Forest Ski Area 

21 Permit Act of 1986 (16 U.S.C. 497b). 

22 SEC. 3. SKI AREA PERMITS. 

23 Section 3 of the National Forest Ski Area Permit Act 

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


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

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

3 areas and associated facilities’’; 

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

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

6 operations and purposes’’ and inserting ‘‘skiing and 

7 other snow sports and recreational uses authorized 

8 by this Act’’; 

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

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

11 (4) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) OTHER RECREATIONAL USES.— 

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

15 the terms of a ski area permit issued pursuant to 

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

17 area permittee to provide such other seasonal or 

18 year-round natural resource-based recreational ac19 tivities and associated facilities (in addition to skiing 

20 and other snow-sports) on National Forest System 

21 land subject to a ski area permit as the Secretary 

22 determines to be appropriate. 

23 ‘‘(2) REQUIREMENTS.—Each activity and facil24 ity authorized by the Secretary under paragraph (1) 

25 shall— 


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1 ‘‘(A) encourage outdoor recreation and en2 joyment of nature; 

3 ‘‘(B) to the extent practicable— 

4 ‘‘(i) harmonize with the natural envi5 ronment of the National Forest System 

6 land on which the activity or facility is lo7 cated; and 

8 ‘‘(ii) be located within the developed 

9 portions of the ski area; 

10 ‘‘(C) be subject to such terms and condi11 tions as the Secretary determines to be appro12 priate; and 

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

14 ‘‘(i) the applicable land and resource 

15 management plan; and 

16 ‘‘(ii) applicable laws (including regula17 tions). 

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

19 may, in appropriate circumstances, be authorized 

20 under paragraph (1) include— 

21 ‘‘(A) zip lines; 

22 ‘‘(B) mountain bike terrain parks and 

23 trails; 

24 ‘‘(C) frisbee golf courses; and 

25 ‘‘(D) ropes courses. 


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

2 that are prohibited under paragraph (1) include— 

3 ‘‘(A) tennis courts; 

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

5 ‘‘(C) swimming pools; 

6 ‘‘(D) golf courses; and 

7 ‘‘(E) amusement parks. 

8 ‘‘(5) LIMITATION.—The Secretary may not au9 thorize any activity or facility under paragraph (1) 

10 if the Secretary determines that the authorization of 

11 the activity or facility would result in the primary 

12 recreational purpose of the ski area permit to be a 

13 purpose other than skiing and other snow-sports. 

14 ‘‘(6) BOUNDARY DETERMINATION.—In deter15 mining the acreage encompassed by a ski area per16 mit under subsection (b)(3), the Secretary shall not 

17 consider the acreage necessary for activities and fa18 cilities authorized under paragraph (1). 

19 ‘‘(7) EFFECT ON EXISTING AUTHORIZED AC20 TIVITIES AND FACILITIES.—Nothing in this sub21 section affects any activity or facility authorized by 

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

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

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

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


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

2 the date of enactment of this subsection, the Secretary 

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

4 and 

5 (6) in subsection (e) (as redesignated by para6 graph (3)), by striking ‘‘the National Environmental 

7 Policy Act, or the Forest and Rangelands Renewable 

8 Resources Planning Act as amended by the National 

9 Forest Management Act’’ and inserting ‘‘the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) and the Forest and Rangeland Renew12 able Resources Planning Act of 1974 (16 U.S.C. 

13 1600 et seq.)’’. 

14 SEC. 4. EFFECT. 

15 Nothing in the amendments made by this Act estab16 lishes a legal preference for the holder of a ski area permit 

17 to provide activities and associated facilities authorized by 

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

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


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Calendar No. 135 

112TH CONGRESS 

1ST SESSION S. 382 

[Report No. 112–55] 

A BILL 

To amend the National Forest Ski Area Permit Act 

ject to ski area permits, and for other purposes. uses of National Forest System land that is subof Agriculture regarding additional recreational of 1986 to clarify the authority of the Secretary 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported without amendment 


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